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Death by Accidents in Workplace: Would Restorative Justice Could Solved It?
Hamonangan Albariansyah, Topo Santoso

Faculty of Law Universitas Indonesia
Gedung IASTH Lt.2, Jl. Salemba Raya No.4 Jakarta 10430


Abstract

The Ministry of Manpower in Indonesia recorded about 89,625 workplace accidents and 1,193 of them have caused deaths in the past five years. In that period, there were also 34,075 companies reported because of alleged criminal acts in the field of occupational safety and 2,074 cases had gone through the police investigation process but there are only 4 cases up to court decisions. During this time the practice of resolving work accident cases that resulted in death was carried out in two ways, namely the court line and the outside court. However, the outputs of the two methods of resolution are not oriented towards legal protection utilities for the recovery of victims and improvement of working conditions so that the incidence of deaths in workplace accidents can be prevented from happening again in the future. Therefore, this paper will analyze the law enforcement regulations relating to occupational safety for workers who are victims of workplace accidents and see the possibility of restorative justice can be applied to settle deaths in workplace accidents in Indonesia. This study uses a sociological juridical approach. The used sources and types of data come from field studies through interview and literature review. The results in this study are that there are no regulations that specifically regulate out-of-court settlement mechanisms for death cases in workplace accidents. Settlement of death cases through the judiciary does not provide recovery for victims and the improvement of unsafe working conditions for workers as a preventative measure, so that the deaths accidents in workplace does not happen again in the future. The conclusion in this study is that restorative justice can be developed as a way of resolving death cases in workplace accidents in Indonesia.

Keywords: Restorative Justice, Accidents Death, Industrial Relations, Misconduct

Topic: Criminal Law

Link: https://ifory.id/abstract/qHGTYaUfBVtR

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (Hamonangan Albariansyah)

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