Forms Of Crime Research Articles

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN


 
 
 Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery.Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.
 
 

“Hear That Lonesome [Police] Whistle Blow”

When introduced in the nineteenth century, railroads were one of humankind's most transformational technologies. Like similar transformations such as the printing press and the automobile, railroads did more than advance technology. They fundamentally altered the entire social and cultural fabric, including basic relationships between people and time, distance, geography, class, and gender. Railroads also introduced new types of crime and criminal organization to the nineteenth-century West, and indeed to the entire nation and globe. These criminal activities quickly spread across wide geographic expanses. Railroads and society at large responded by altering the measures of social control through new forms of law enforcement, only one of which was the creation of private railroad-company police forces. In our own era, similar revolutionary information and communications technologies erupted upon a cultural and institutional world woefully unprepared to deal with them. As was true for nineteenth-century railroading, the results today have been new, ever-evolving forms of crime that plague individuals, companies, institutions, and governments, while baffling ill-equipped law enforcement agencies. The internet spammers, hackers, phishers, stalkers, swindlers, pedophiles, money launderers, identity thieves, election fixers, and cyberterrorists of today share a lineage with the railroad pickpockets, arsonists, ticket forgers, train robbers and wreckers, and hatchet-wielding hoboes of yesterday. Examining the railroads' transformation of crime and violence can shed light on today's tribulations with information technology, as well as on possible ways to deal with them.

The State’s Economic Protection by the Criminal Justice System Corruption: A Case Study

This study aims to identify efforts to protect the state's economic security through the criminal justice system in the case of nickel mining in Malapulu Block, Kabaena Island, Southeast Sulawesi, Indonesia. The Supreme Court has decided the case with decision number 2633 K/Pid/Sus/2018. This research was conducted with a qualitative approach through analysis of the description of the prosecutor's indictment and the judge's decision. The results obtained in the study show that the KPK Prosecutor made a mistake by withdrawing the appeal that had been made. This condition results in the lack of consideration made by judges in decision making. Secondly, legal experts do not provide a difference in the meaning of economic and financial losses for the state in judex factie and judex jurist. Third, the indictment by the public prosecutor has not described the form of crime committed as an extraordinary crime. Fourth, there is negligence in the corporate sentence.

Analisis Sentimen Hate Speech Pada Portal Berita Online Menggunakan Support Vector Machine (SVM)

Salah satu bentuk tindak kriminal yang bisa dijerat dengan undang-undang ITE adalah Hate speech. Namun saat ini netizen di Indonesia masih banyak menggunakan kata-kata Hate Speech dalam mengomentari berita di media online. Dampaknya adalah banyak netizen saat ini yang diperkarakan ke kepolisian oleh pihak yang merasa dirugikan. Hal ini terjadi karena kurangnya informasi dari netizen mengenai hate speech. Penelitian yang akan dilakukan terkait pendeteksian kata-kata yang mengadung Hate Speech pada porta berita online. Pendekatan yang digunakan untuk melakukan pendeteksian kata-kata Hate Speech menggunakan Neural Language Processing dengan menggunakan metode Support Vector Machine (SVM). Untuk mengukur tingkat keakuratan dilakukan beberapa skenario uji coba sehingga tingkat keakuratannya menjadi lebih baik. Komentar pada penelitian ini didapat pada sebuah portal berita online terpopuler di Indonesia. Algoritma SVM dapat diterapkan dalam menganalisa komentar terkait isu politik yang mengngandung Hate Speech dengan nilai akurasi yang bisa sebesar 53. 88% serta nilai Recall adalah 49,69%, Precision adalah 48,77%, Classification error adalah 46,12% dan fmeasure adalah 49.23%.. Dengan adanya penelitian yang akan dilakukan ini bisa menjadi rujukan portal berita untuk menerapkan sistem filtering sehingga kedepannya kasus-kasus mengenai Hate Speech ini dapat diminimalisir.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.

Comparative analysis of the main provisions of the Criminal code of Ukraine 2001 year and the Criminal code of the Republic of Poland 1997 year

The article deals with the reasons for the adoption and the main provisions of the Criminal code of Ukraine 2001 year and the Criminal code of Poland in 1997 year. It is shown that the total content of the Criminal code of Ukraine in 2001 year significantly exceeds the volume of the Criminal code of Poland in 1997 year and is more humane. The reasons for the adoption of the Criminal code in 1997 year were the need to amend the legislation based on the 1997 year Constitution of Poland, as well as to harmonize the legislation in force in this country with European standards. Similarly, the Criminal code of 2001 year was adopted on the basis of the provisions of the 1996 year Constitution, which embodied the rule of law in the country, recognized a person, his life and health, honor and dignity as the highest social value. The total volume of the Criminal code of Ukraine in 2001 year significantly exceeds the Criminal code of Ukraine in 1997 year by the number of characters 1.9 times and the number of articles by 1.2 times. Another difference between the two codified acts is the fact that the Ukrainian act consists of two parts, and the Polish of the three acts — General, Special and Military. The logical scheme of construction of the General part consists of the following blocks: 1) principles of criminal compliance; 2) forms of crime; 3) punishment; 4) rules of their appointment; 5) prescription; 6) clarification of the concepts of the code. A characteristic feature of both codified acts is the fact that in them the largest number of marks falls on the section devoted to crimes in the sphere of economic activity, credit, banking and financial spheres. At the same time, both codified acts are characterized by considerable uneven distribution of textual material. Of the Criminal code of 2001 year differs from the Criminal code of 1997 year by a more humane treatment of penalties when considering penalties and the maximum term of imprisonment, but the Criminal code of Ukraine provides for the use of life imprisonment in 27 articles, despite the fact that the Criminal code of Poland only has three articles. Key words: Criminal code, Ukraine, Republic of Poland, quantitative indicators, crime, penalties, comparative analysis.

Data, Data Banks and Security

The article discusses different examples of data-driven policing, its legal provisions and effects on a society’s understanding of public security. It distinguishes between (a) the collection of classical data such as fingerprints or DNA, which serve to identify suspects and to collect evidence, (b) the processes and the impetus of big data, and (c) the networking of files from different security authorities. Discussing systematic forecasting tools, the article works out a significant difference between the prediction of incidents such as home burglary in the case of predictive policing, and the identification of individuals deemed to be at risk of involvement in various forms of crime in the case of risk control programs. Data and personality protection are interrelated issues.

KEBERADAAN PIDANA MATI DALAM KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP)

Capital punishment is the heaviest crime and difficult to apply in a country of law considering the death penalty is one of the acts of human rights violations, but to make someone discourage of committing a crime there needs to be rules or penalties that can provide a deterrent effect and provide security for the community from all form of crime. The purpose of writing is directed to find out the regulation of the Death Penalty in the Criminal Law Code which is stipulated in several articles in the Criminal Code and the existence of capital punishment in the legal system in Indonesia in terms of human rights perspective, which of course would be contrary to human rights, especially the right to life, however capital punishment is also needed as an effort to prevent the occurrence of crimes, especially those classified as serious

ADEQUACY OF PENAL POLICY IN CRIMINAL CASES OF ORGANIZED CRIME

Organized crime is a serious form of crime, whether it is viewed in the criminological sense or as the criminal justice response to this phenomenon. In this regard, the penal policy of the legislator should be proportionate to the gravity of organized crime. However, the penal policy of the courts does not reflect the stated intentions, which is primarily reflected in relatively mild criminal penalties for criminal offenses of organized crime. Although the case law does not contravene the law, i.e. contra legem, because it moves within the boundaries prescribed by the law, it is obvious that the issue is about imbalance of punishment for these criminal offenses, even when it comes to mitigating of the sentence of imprisonment. This paper will provide an analysis of the criminal law framework of organized crime prescribed by the Criminal Code of Bosnia and Herzegovina (CC BiH), as well as an analysis (statistical and descriptive) of the jurisprudence in the criminal cases of organized crime before the Court of Bosnia and Herzegovina (Court of BiH) for the period 2015-2018. As it is not justified and desirable for the legislator's criminal policy and court case jurisprudence to have a different approach in relation to these criminal offenses (different valuation and grading of severity of organized crimes), we will also make certain proposals for de lege ferenda. The paper is a continuation of earlier researches of this problem and is based on the analysis of court judgments in organized crime cases.

The Fundamental doctrine of the criminalistics study of computer tools and systems as part of the theory of information and computer support for criminalistics activities

The development of digitalization constantly generates new forms of crime, changes in the mechanisms of how they are committed, and concealment. The problem of combating such crimes is transnational in nature. This article considers the difficulties of creating the criminalistics study of computer tools and systems doctrine as part of the theory of information and computer support of criminalistics activities. The authors’ negative stance on the issue is indicated as well as the addition of definitions to the name of criminalistics that are related to the emergence of new objects of expertise: “electronic criminalistics”, “linguistic criminalistics”, “digital criminalistics”, and others. The unity of criminalistics as a science having its own subject, system, tasks, and objects is declared. The article substantiates the subject of the theory of criminalistics research of computer tools and systems as a system for gathering significant computer information on the basis of the knowledge of which technical and criminalistics methods, tools, techniques, and methods for identifying, fixing, and seizing evidence and orienting criminalistics information about computer tools are developed. In addition, the theory is based on systems in legal proceedings in criminal, civil, and administrative cases. The objects of this theory are computer tools and systems as well as the search and criminalistics evidence of information contained in them. Based on the doctrine of the criminalistics investigation of computer tools and systems, the foundations of a new area of criminalistics techniques and technology, as a system of scientific principles, are provided. This area centers around recommendations, tools, techniques, and methods designed to collect and study information about computer tools and systems. Digital footprints and the processes of their occurrence, transmission, and transformation in order to obtain evidence in legal proceedings, disclosure, and prevention of crimes, are included.

Zadržavanje podataka u praksi suda Evropske unije

Possession of accurate, complete and reliable relevant data on electronic communications traffic and timely access of authorized competent state bodies to such data is without a doubt a useful tool in the fight against modern forms of crime. For that reason, it is justified to establish an obligation for providers of electronic communications services to keep certain data on communications for a certain period of time in the realization of which they mediate and to hand over that data at the request of authorized state bodies, in order to use them for legitimate purposes. For this reason, the Data Retention Directive was adopted in 2006, which Member States were required to transpose into national law. However, data retention poses a risk to basic human rights and freedoms, if the regulation establishing this obligation does so without respecting the essence of these rights and freedoms, especially the right to privacy and rights related to the processing of personal data, for which reason the Court of Justice of the European Union declared the Directive invalid is 2014. Despite this decision, Member States continue to regulate the obligation to retain data in their national regulations. In this regard, the question of compliance of these regulations with the fundamental rights and freedoms and principles of the Union is raised. The subject of the paper is the analysis of the case law of the Court of Justice of the EU on this issue after the annulment of the Data Retention Directive.

TOPICAL ISSUES OF TOBACCO PRODUCTS’ ILLICIT TRADE

Criminal offences related to the illicit movement of tobacco products are among the most complex forms of crime affecting not only the state but also the economic processes in it. Via the development of modern technologies, it becomes more wide-spread, latent, and more influential as a result of international communication and transnational activities. Recently, the topicality has increased concerned with the illicit production of tobacco products, people who engage in this type of illegal activities get caught more and more frequently. The aim of the research: to study the norms of the Criminal Law article regarding the illegal circulation of tobacco products, to express an opinion on the improvement necessity of the Criminal Law norm, to find possible identification of the most significant problems related to it, as well as to make proposals for a more effective solution of this issue.

CAK NUN DAN ESAI SASTRAWINYA DALAM PERSPEKTIF KRIMINOLOGI

Criminology studies are related to crime studies. Criminology studies attract many academics because these studies are dynamic and can be included in various study areas, one of them is the study of criminology that is included in the study of literature. As a form of creation of the author, literature also raises things related to criminology. In this research, criminology is presented in the Indonesian literary essay. In this case, Indonesian literature is limited to Emha Ainun Najib's work in the form of literary essays. This qualitative-interpretive research study uses data sources from Slilit Sang Kiai (2013); Arus Bawah (2015); and Gelandangan di Kampung Sendiri (2015). The theory used in this research is criminology theory. Based on the analysis, it was concluded that Cak Nun as a cultural figure presented crimes in his literary essay, which is as follows. First, based on an analysis of the criminological context, the forms of crime in Emha Ainun Najib's work include, among others (1) crime of environmental destruction; (2) questionnaire manipulation crime; (3) murder crime; (4) crime of prostitution; and (5) white-collar crimes. Secondly, the tendency of crime to emerge in the work of Emha Ainun Najid through her three works, which is more towards the crime of the government to the people. Second, the tendency of crime that is raised in the work of Emha Ainun Najib through his three works are more directed at government crime against the people

DEKONSTRUKSI KOMUNIKASI POLITIK DI ERA DIGITAL (Studi Analisis Wacana Kritis Fairclough)

Research entitled "Fairclough’s Critical Discourse Analysis in exposing the Crime of Political Communication in The Digital Ag" is motivated by crime issues that have developed into various social crimes, such as cyber crime, psychological crime, economic crime, and political crime. In the digital age, the crime of political communication is new because this form of crime is sublimated in e-commerce which tends to appeal to all ages. Critical discourse analysis offers a critical perspective in addressing the latest phenomena facing humans in the Digital Age. Especially the phenomenon of technology whose development is increasingly fast and uncontrollable. The purpose of this study is to reveal various forms of political communication crime through critical discourse analysis. The method used in this research is the library method. The results showed that the crime of political communication in the Digital Age occurred through the medium of the Digital Market as a medium of political communication

Property theft in places of worship in Osogbo City, Nigeria

In Nigeria, thieves specialising in property theft are increasingly targeting churches, mosques, shrines, and worshippers using these religious spaces. In view of this, this study examined the crime of property theft in places of worship in Osogbo city, Nigeria using the routine activity theory approach. Data were generated through the triangulation of in-depth interview, key-informant interview, and focus group discussion methods. Purposive sampling technique was employed for the selection of 53 worshippers and six religious leaders. Findings showed the propositions of RAT proved useful for understanding the occurrence of property theft in places of worship. Although this form of crime can occur at any kind of religious gathering, nevertheless more cases are usually recorded during the weekly Sunday church service, at Friday Jumat prayers, and during the annual Osun-Osogbo festival. Also, the complacency on the part of some worshippers, the existing lax security system in most places of worship, and the potential values of some religious equipment and artefacts were identified as the major factors attracting thieves to places of worship. Equally, thieves targeting religious sites are particularly interested in any item of monetary value that is portable, handy, and left unprotected by the owner. It is vital for administrators of places of worship to set-up a security committee that will be mandated to oversee security and safety issues.

Spending blood for oil in Nigeria: a frame analysis of Shell’s neutralisation of acts that led to corporate-initiated state crime

AbstractThe environmental impact of Shell Oil Company in Nigeria has resulted in largescale protests. Despite their peaceful nature, these protests have been met with lethal violence by the Nigerian security forces. Accusations have been levelled against Shell for liability for human rights violations, but the company has denied responsibility. Previously confidential correspondence between Shell and Nigerian officials has shown that the company repeatedly persuaded security personnel to act against protesters. The current article examines how Shell framed its desire for the Nigerian state to suppress protests against the company. It does this by analysing published documents within Stanley Cohen’s (1993) theoretical framework regarding the neutralisation of criminal acts – most notably the neutralisation technique of appealing to higher loyalties. This is a technique adopted by companies when they use the greater good as a rationale for minimising their responsibility for harmful acts. The correspondence between Shell and Nigerian officials shows that Shell continuously urged Nigerian officials to take action by referring to the company’s contribution to economic and social development in the region, even after their calls for action has been shown to result in human rights abuses. In describing these rationales, the article highlights a case of corporate-initiated state crime, a form of crime that involves corporations inducing state actors to commit harmful acts.

Estructura factorial del Cuestionario de Experiencias Relacionadas con Internet en universitarios chilenos

A large proportion of the world's population has access to the Internet. On the one hand this has brought undeniable benefits to society by facilitating access to information. But on the other hand, the excessive use of the Internet has also brought with it a series of new problems ranging from physical injuries (for example: tendinitis), psychological pathologies (for example: Internet addiction) to new forms of crime (for example: online sexual abuse). For this reason, it is necessary to have reliable and valid instruments that evaluate the use and abuse of the Internet. The Internet Related Experiences Questionnaire (CERI) has two factors that evaluate conflicts (intrapersonal factor, with 6 items and interpersonal factor, with 4 items) associated with excessive use of the Internet. Studies in different parts of the world (Spain, Chile and other Latin American countries) have used this instrument without analyzing its psychometric properties with sufficient depth. These studies have mostly used the total CERI score (10 items) instead of the two-factor structure, but they have not justified this choice. For this reason, this paper intends to analyze the factorial structure of the instrument, its convergent validity and its internal consistency in the Chilean population. We conducted two researches in which participated a total of 626 university students (180 in the study 1, and 446 in the study 2). The participants responded to the CERI and a questionnaire of abuse of the mobile phone (CERM). In the study 1, the results of exploratory factor analyzes suggest to use a unifactorial structure which included the 10 items, instead of the original bifactorial structure. In particular, in the bifactorial structure item 1 was not included in any factor (factorial loads less than .2), two items (items 5 and 10) presented similar factor loads in both factors and other two items (items 8 and 9) were included in the factor that it did not correspond. The single factor was greater internal consistency than that of the original intrapersonal and interpersonal factors (Cronbach´s alpha of .78, .68 and .56, respectively). Although both alternatives have adequate convergent validity (direct relations with mobile phone abuse). In study 2, a confirmatory factorial analysis was carried out in order to compare the unifactorial structure obtained in study 1 with the bifactorial structure of the original study. The results show that both factorial structures presented good fit, but again the internal consistency of the single factor was greater than that of the original intrapersonal factor and interpersonal factor (Cronbach´s alpha of .74, .61 and .51 respectively). The low reliability of interpersonal and intrapersonal factors may be due to the few number of items grouped in them (4 and 6 respectively). It is necessary to continue evaluating the factorial structure of the CERI in order to determine which is the best factorial alternative or if it is necessary to increase the number of items of interpersonal and intrapersonal factors. Although the results are not conclusive, for the moment, it seems advisable to use the one factor structure as it seems to give further psychometric guarantees.

Introduction

This introduction seeks to outline a contemporary anthropological approach to crime and criminalization, an “anthropological criminology 2.0.” This anthropological criminology distances the subfield from its social Darwinist connotations and instead etches itself clearly onto a social and political anthropological tradition. In doing so, the introduction moves from Malinowski’s initial functionalist and localist approach to present-day political and global orientations. It offers five distinct propositions for anthropological criminology to engage with in the future, which we believe are essential for future anthropological studies of crime and criminalization. With these as guidelines, we hope to fully revive a much-needed dialogue between criminology and anthropology. As we shall see, anthropological and ethnographic insights are currently in demand as global, yet poorly understood, forms of crime are developing alongside ever cruder and more amplified reactions to them.

Cyberstalking: public danger, key factors and prevention

Cyberstalking has become a new form of crime and deviant behaviour. The authors research the problem of cyberstalking and intimidation via the Internet in details. These concepts are used interchangeably because all forms of stalking are threatening or have the purpose of distressing the victim (victim stress exhaustion). The authors tried to draw attention and show the interconnectcion between the social danger of cyberstalking and the violation of private life boundaries. The consequences of such interference can cause the significant harm to man interests, material harm; threaten the physical and mental health of a person. The authors in this article draw attention to the activities of people who use the Internet to threaten (intimidate) others. The phenomenon of cyberstalking constitutes one of the main aims of the analysis because it includes a rather large area of behavior performance (starting with the expression of threats to the theft of personal data). The main question of this research is simple: what makes an intelligent and law-abiding person in the offline world (outside the Internet), take part in anti-social or criminal activities online? The basic reason is the fact that the combination of technological and social factors encourages people to participate in crime or antisocial acts, such as incitement to violence against other people. The originality of the study is that the authors analyzed the public danger of cyberstalking and the consequences of privacy infringement by the negative impact on a person through the Internet. Authors highlight trends and developments, and give recommendations on how cyberstalking prevention matters can be improved.

Theoretical Foundations of Comparative Criminology in a Global Dimension

Comparative criminology is becoming a topical trend in the modern globalized world. The authors present definitions, methods of comparative criminology, they discuss the organizations and agencies that are involved in comparative criminological research. They also show the relevance of conducting international, regional, continental comparative criminological research. It is believed that the goal of comparative criminology is not just the collection of statistical material in several countries, but rather the development of mutually dependent criminological theories. The goals of research conducted within the framework of comparative criminology are, primarily, the extension of criminological theories beyond cultural and national boundaries, the assessment of the national systems of criminal justice and national criminal policies, as well as the coordination of efforts in counteracting transnational crime. As for the methodology of research within the framework of comparative criminology, the authors describe the use of micro-, macro- and meta-analysis. The topics of comparative criminological research are dictated by globalization. In particular, the following topics are relevant: the legality of the work of law enforcement and criminal justice bodies, human rights and some new forms of crime — with an emphasis on environmental protection, consumer rights, food security, as well as cybercrime. The authors present examples of relevant research in comparative criminology at the global, continental and regional levels. Books in comparative criminology, as well as research journals, are mainly published in English, but national criminology textbooks, as rule, summarize the results of comparative criminological research, so some material in criminology textbooks could, in fact, be categorized as comparative criminology. The authors then describe the problems that hinder the development of comparative criminology in Russia. On the whole, the task of the authors is to present the instruments of comparative criminology to Russian researchers, which could contribute to the development of comparative criminological studies in Russia.