Tripartite Restorative as a Safety Crimes Resolution Model

DOI

10.2991/978-2-38476-164-7_5How to use a DOI?

Keywords

Safety Crimes; Tripartite; Restorative

Abstract

This article is a response to the mechanism for solving occupational safety crimes resolved through the criminal justice system that is unable to protect workers who are victims. Either individually or collectively by organizers of work safety systems that cause criminal consequences. As the only legal norm that specifically regulates work safety, it should be able to provide proper law enforcement, not only in proportion to the crime, but also because of the consequences of the crime, so that in the future safety crimes will not be repeated. The method uses a qualitative approach, using available data from the results of previous research by the author. The results of the study found the settlement of occupational safety crimes so far through the mechanism of the criminal justice system and informal settlements has not been able to provide legal protection to workers who are victims of it, so it is necessary to carry out legal reforms in its settlement. One of them is pushing for alternative solutions through restorative tripartite models. It initiated by Braitwaite, as a mechanism for resolving work safety-specific crimes. Involve the perpetrators of the safety system, workers who are victims and law enforcement. The perpetrator is held responsible for his mistake by transforming in action eliminating the causes of safety crimes, recovering the consequences of his crime, both of which are intended to create reharmonization and a safer work environment so that workers in the future are protected from occupational harms.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Hamonangan Albariansyah
PY  - 2023
DA  - 2023/12/21
TI  - Tripartite Restorative as a Safety Crimes Resolution Model
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 41
EP  - 52
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_5
DO  - 10.2991/978-2-38476-164-7_5
ID  - Albariansyah2023
ER  -