LEGAL ANALYSIS OF LABOR CRIMES REGARDING LAW NUMBER 1 OF 1970 CONCERNING WORK SAFETY FOR OTHER PEOPLE IN THE WORKPLACE

Abstract

Fulfillment of protection for workers is the responsibility of the government, workers and employers which is then outlined in regulations and must then be implemented by each company, the government and companies must synergize to ensure the safety and health of workers. However, work safety for others in the workplace must also be the responsibility of the corporation to guarantee protection for everyone else in the workplace. This study aims to analyze the application of corporate criminal law and legislation in the case of not implementing optimal K3 protection for workers/laborers, what factors are the criminal liability of corporations in the occurrence of labor crimes for others, and the legal analysis of labor crimes against everyone else in the workplace according to Law No. 1 of 1970 concerning Occupational Safety.

Based on this research, it is concluded that the application of corporate criminal law and legislation in terms of not implementing the protection of K3 workers/laborers has not been running optimally, namely the lack of company awareness of the protection of K3 workers/laborers so that there are still many companies that violate the law and do not implement the K3 provisions which can result in work accidents. Factors of corporate criminal responsibility in the occurrence of labor crimes against everyone else, namely the corporation as the perpetrator of the crime, corporate administrators, giving orders, controlling holders, beneficial owners of the corporation, differences in interests between the corporation and workers. Juridical analysis of labor crimes against everyone else in the workplace according to Law No. 1 of 1970 concerning Occupational Safety, namely according to Article 14 letter c of Law No. 1 of 1970 concerning Occupational Safety 4 states that "Managers are required to provide free of charge all personal protective equipment required for workers under their leadership and provide it to every other person who enters the workplace, accompanied by the necessary instructions according to the instructions required according to the instructions of the supervisory employee or occupational safety expert", therefore the corporation must also be responsible for protecting every other person who is in the company's workplace and the corporation can be found guilty of the crime committed and punished.