Research Article
Dysfunction Of The Law Number 1 Of 1970 To Tackle Criminal Acts Of Occupational Safety And Health (OSH)
@INPROCEEDINGS{10.4108/eai.20-9-2019.2296608, author={Parningotan Malau and Alvi Syahrin}, title={Dysfunction Of The Law Number 1 Of 1970 To Tackle Criminal Acts Of Occupational Safety And Health (OSH)}, proceedings={Proceedings of the First Nommensen International Conference on Creativity \& Technology, NICCT, 20-21 September 2019, Medan, North Sumatera, Indonesia}, publisher={EAI}, proceedings_a={NICCT}, year={2020}, month={6}, keywords={uukk osh protection worker/labor criminal policy formulation}, doi={10.4108/eai.20-9-2019.2296608} }- Parningotan Malau
Alvi Syahrin
Year: 2020
Dysfunction Of The Law Number 1 Of 1970 To Tackle Criminal Acts Of Occupational Safety And Health (OSH)
NICCT
EAI
DOI: 10.4108/eai.20-9-2019.2296608
Abstract
Act 1 year 1970 on Occupational Safety (UUKK) is a legal umbrella of Occupational Safety and Health (OSH) of Indonesia. UUKK uses penal policy as a rational effort to tackle criminal protection of OSH worker/labor in the workplace. However, the high industrial accident that occurred every year that caused many workers/laborers suffered defects/death, and the absence of industrial accident cases that use UUKK as the basis for prosecution/criminal radiomen indicates that UUKK dysfunction. There is a contradiction with the Constitution of the Republic of Indonesia (UUDNRI) of 1945 that explicitly provide a guarantee of OSH protection as a human rights worker in the workplace. The protection of OSH workers is the derivation of the values of Pancasila which is the guidance of the state and every community association, including in the industry working relationship between the entrepreneurs/corporations and workers/workers. The objectives of the UUKK penal policy are in line with the country's purpose, which is to provide OSH protection for the welfare of workers/laborers, as mentioned on The Fourth Opening of UUDNRI in 1945. The problem raised, why UUKK dysfunction. Search the root of the problem using a normative juridical research method with the legislation approach.