Occupational Safety Negligence as a Special Criminal Offense in the Industrial Sector under Indonesian Law
Keywords:
Occupational Safety; Criminal Negligence; Special Criminal Offense; Industryal LawAbstract
Occupational safety and health (OSH) constitutes a fundamental legal obligation within industrial activities, particularly due to the inherent risks faced by workers in production processes. Negligence in fulfilling OSH obligations may result not only in administrative or civil consequences, but also in criminal liability. This paper examines occupational safety negligence as a special criminal offense within the industrial context under Indonesian law. Using a normative legal method, the study analyzes statutory regulations governing occupational safety and criminal responsibility, with emphasis on the concept of negligence (culpa), the elements of criminal offenses, and the application of the lex specialis principle. The findings demonstrate that occupational safety negligence may be categorized as a special criminal offense when legal duties are breached and protected interests are endangered. The paper underscores the role of criminal law in strengthening industrial compliance with occupational safety standards.
References
Andersen, J. H., Malmros, P., Ebbehoej, N. E., Flachs, E. M., Bengtsen, E., & Bonde, J. P. (2019). Systematic literature review on the effects of occupational safety and health (OSH) interventions at the workplace. Scandinavian Journal of Work, Environment & Health, 45(2), 103–113.
Badar, M. E. (2013). The concept of Mens Rea in international criminal law: The case for a Unified Approach. Bloomsbury Publishing.
Butt, S. (2023). Indonesia’s new Criminal Code: indigenising and democratising Indonesian criminal law? Griffith Law Review, 32(2), 190–214.
Bygrave, L. A. (2022). Security by design: Aspirations and realities in a regulatory context. Oslo Law Review, 3, 126–177.
Frick, K. (2011). Worker influence on voluntary OHS management systems–A review of its ends and means. Safety Science, 49(7), 974–987.
Lindroos, A. (2005). Addressing norm conflicts in a fragmented legal system: the doctrine of lex specialis. Nordic Journal of International Law, 74(1), 27–66.
Moore, M. S. (2010). Placing blame: A theory of the criminal law. Oxford University Press.
Posner, R. A. (1972). A theory of negligence. The Journal of Legal Studies, 1(1), 29–96.
Reason, J., Parker, D., & Lawton, R. (1998). Organizational controls and safety: The varieties of rule‐related behaviour. Journal of Occupational and Organizational Psychology, 71(4), 289–304.
Sánchez-Herrera, I. S., & Donate, M. J. (2019). Occupational safety and health (OSH) and business strategy: The role of the OSH professional in Spain. Safety Science, 120, 206–225.
Sayre, F. B. (1930). Criminal Responsibility for the Acts of Another. Harvard Law Review, 43(5), 689–723.
Schwartz, M. S. (2013). Developing and sustaining an ethical corporate culture: The core elements. Business Horizons, 56(1), 39–50.
Zulyadi, R. (2020). Judge’s Role in Court to Eradicate Corruption According to Law Number 20 in 2001 (Study of Decision 16/PID. SUS. K/2011/PN. MDN). Budapest International Research and Critics Institute-Journal (BIRCI-Journal), 3(2), 1280–1288.
