Ketentuan Pidana Perseroan Terbatas Yang Bergerak di Pengelolaan Limbah B3 Menimbulkan Kecelakaan Kerja yang Mengakibatkan Kematian

Abstract

Work accidents resulting in death in the hazardous and toxic waste (B3) industry sector reflect systemic failures in the implementation of Occupational Safety and Health (OSH). This research analyzes corporate criminal liability in work accident cases at PT Prasada Pamunah Limbah Industri (PT PPLI) through Decision Number 856/Pid.B/2023/PN Pbr. The research problems include: (1) how work accidents causing death constitute corporate criminal offenses, (2) how criminal provisions regulate corporate criminal liability for work accidents in Indonesia, and (3) how corporations are punished in work accident cases resulting in death. This research employs a normative legal method with statutory, case, and conceptual approaches. Data are sourced from primary and secondary legal materials analyzed qualitatively using deductive reasoning. The findings indicate that work accidents can be categorized as criminal offenses if there are elements of negligence (culpa) or intent (dolus) in OSH implementation. Corporate liability is based on theories of strict liability, vicarious liability, identification, and combined theories. Although the National Criminal Code (Law No. 1/2023) and Supreme Court Regulation No. 13/2016 recognize corporations as criminal law subjects, law enforcement practices still focus on individual liability. Decision Number 856/Pid.B/2023/PN Pbr reveals a gap between theory and implementation, where only the supervisor was sentenced to 3 months imprisonment (Article 359 of the Criminal Code), while the corporation was not held criminally liable. In conclusion, harmonization of the 2023 Criminal Code with OSH Law, enhancement of investigator capacity, and implementation of a multi-door approach (criminal, administrative, civil) are needed to strengthen deterrent effects and protect worker safety. Consistent law enforcement and strict sanctions against violating corporations are key to ending corporate impunity.