TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KEALPAAN YANG DILAKUKAN OLEH SUPERVISOR PT. PRASADHA PAMUNAH LIMBAH INDUSTRI (PT. PPLI) BERDASARKAN PUTUSAN NOMOR 856/PID.B/2023/PN PBR
Keywords:
Criminal Negligence, Criminal Liability, , Judicial Consideration, Occupational Safety.Abstract
Criminal negligence constitutes one of the forms of criminal liability recognized in Indonesian criminal law. Although the perpetrator does not possess criminal intent (mens rea), negligence may still result in criminal responsibility when it causes prohibited consequences, including death. Article 359 of the Indonesian Criminal Code stipulates that any person whose negligence causes the death of another person may be punished with imprisonment for a maximum period of five years or confinement for one year. This study examines the juridical review of criminal negligence committed by a supervisor of PT. Prasadha Pamunah Limbah Industri (PT. PPLI) based on Decision Number 856/Pid.B/2023/PN Pbr. The case concerns the negligence of a supervisor who failed to implement occupational safety procedures, resulting in the deaths of three workers exposed to hazardous ammonia gas during industrial waste management activities. This research employs a normative juridical method using statutory, conceptual, and case approaches. The primary legal material analyzed is the Pekanbaru District Court Decision Number 856/Pid.B/2023/PN Pbr, supported by legislation, legal doctrines, scholarly books, and recent scientific journal articles. Data were analyzed qualitatively through legal interpretation and systematic legal reasoning. The findings indicate that the defendant’s actions fulfilled all elements of Article 359 of the Criminal Code, particularly the elements of negligence, causation, and resulting death. The court considered both juridical and non-juridical factors in determining criminal liability. However, the sentence of three months imprisonment imposed by the court appears relatively lenient compared to the severity of the consequences, namely the deaths of three workers. The study concludes that judicial consideration should not only emphasize the absence of intent but also prioritize occupational safety responsibilities and legal protection for workers. More consistent sentencing standards are required to ensure justice, legal certainty, and deterrence in cases of criminal negligence resulting in death.
Downloads
References
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Muhammad Ramadani, Beni Sukri (Author)

This work is licensed under a Creative Commons Attribution 4.0 International License.





