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Journal : Awang Long Law Review

LEGAL CONSEQUENCES AGAINST BUSINESS ACTORS WHO DO NOT IMPLEMENT OCCUPATIONAL HEALTH AND SAFETY STUDIED FROM POSITIVE LAW Fadillah, Fathur Nur; Rosifany, Ony; Kamaludin
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1506

Abstract

Work accidents caused by companies that are negligent in implementing Occupational Safety and Health (K3) can endanger workers or laborers who are carrying out their activities in the company. They can experience minor or serious injuries, permanent disabilities, and in the worst case, can result in death for workers or laborers. Development companies must not be negligent in implementing K3 protocols in their production areas and construction areas because it can cause discomfort for workers or laborers in working and the level of work accidents has the potential to be very high. In this study, a normative legal research method was used, research materials were mostly accessed from the literature, namely materials containing new or up-to-date scientific knowledge, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses, and other legal materials. The results of the research obtained were the legal consequences for perpetrators who do not implement K3 as stated in Article 35 paragraphs (2) and (3) in conjunction with. Article 186 paragraph (1) of Law Number 13 of 2003 concerning Manpower explains that companies that provide workplaces for workers or laborers are required to provide protection that includes welfare, safety and occupational health for workers/laborers from the beginning of recruitment to work placement. Legal protection for workers who experience work accidents is an important aspect of the employment system in Indonesia, as stipulated in Law Number 13 of 2003 35 paragraphs (2) and (3) jo. Article 186 paragraph (1) and concerning Manpower.
IMPLEMENTATION OF DIVERSION IN THE JUVENILE CRIMINAL JUSTICE SYSTEM IN SAMARINDA DISTRICT COURT Rido, Muhammad; Rosifany, Ony; Imron
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1511

Abstract

Children need to be protected from the negative effects of rapid development, globalization in the information and communication industry, scientific and technological breakthroughs, and changes in lifestyle and lifestyle of some parents. These factors result in fundamental social changes and have a major impact on children's behavior and values. Children who commit crimes are greatly influenced by socialization, education, playmates, and other external factors. This study uses the normative legal research method, utilizing primary and secondary legal sources, especially those that provide fresh or current scientific data or alternative perspectives on established facts or ideas. These sources in this case are books, journals, theses or dissertations, and other legal papers.The results of this study are that the implementation of Diversion is one of the restorative justice approaches that can be used to handle juvenile crimes. By focusing on how to return to the original state, diversion through a restorative justice approach is a fair and reasonable solution to children's cases involving perpetrators of criminal acts, victims, families of criminals, and other parties who collectively seek a solution to the crime and its consequences for the victim. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System regulates the procedures for diversion. Various studies have shown that there are obstacles that hinder the implementation of effective diversion. One of the main challenges is the lack of in-depth understanding of the procedures and principles underlying diversion among law enforcement officers and the community.