Criminal Liability for Safety and Health Violations that Cause Death

Occupational safety and health violations that cause death raise legal issues regarding the limits of criminal liability of parties who have an obligation to ensure safety in the work environment. This study aims to analyze the regulation of criminal liability for safety and health violations that cause death and its application based on the principles of error and legal protection for victims. This study uses normative legal methods with statutory and conceptual approaches. Legal materials are analyzed qualitatively through legal interpretation and reasoning to identify the relationship between safety obligations, violations, mistakes, causal relationships, and the consequences of death. The results of the study show that criminal liability cannot be based solely on the occurrence of accidents, but must be proven that there is a violation of duty, fault, and a causal relationship with the victim's death. The application of liability must also consider the individualization of faults and the protection of victims and their families. Effective law enforcement is needed to realize legal certainty, justice, and prevention of occupational safety and health violations.

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Publication Details

Journal
Contemporary Journal of Applied Sciences
Published
2026-10-31
DOI
https://doi.org/10.55927/cjas.v4i10.17
Primary Topic
Legal Studies and Policies
Type
article
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article

Criminal Liability for Safety and Health Violations that Cause Death

Faisal Riza, Ansor Harahap
Contemporary Journal of Applied Sciences
Legal Studies and Policies
article

Criminal Liability for Safety and Health Violations that Cause Death

Faisal Riza, Ansor Harahap
article en

Abstract

Occupational safety and health violations that cause death raise legal issues regarding the limits of criminal liability of parties who have an obligation to ensure safety in the work environment. This study aims to analyze the regulation of criminal liability for safety and health violations that cause death and its application based on the principles of error and legal protection for victims. This study uses normative legal methods with statutory and conceptual approaches. Legal materials are analyzed qualitatively through legal interpretation and reasoning to identify the relationship between safety obligations, violations, mistakes, causal relationships, and the consequences of death. The results of the study show that criminal liability cannot be based solely on the occurrence of accidents, but must be proven that there is a violation of duty, fault, and a causal relationship with the victim's death. The application of liability must also consider the individualization of faults and the protection of victims and their families. Effective law enforcement is needed to realize legal certainty, justice, and prevention of occupational safety and health violations.

Contemporary Journal of Applied SciencesVol. 4(10)
Universitas Muhammadiyah Sumatera Utara (ID)
Peace, justice, and strong institutions, Good health and well-being
Openalex Percentile: Top 3%
Legal Studies and Policies
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