Transnational Crime Research Articles

Money Laundering As A Transnational Crime Problems And The Ideas Of Legal Policy Reformation In Indonesia

Various countries today are threatened by money laundering as a transnational crime known as borderless crime. This is because the impact of money laundering is not ordinary. The crime of money laundering has a considerable impact disrupting the stability of the economy and social life and even damaging the world economic order. However, various legal problems in dealing with money laundering often occur in Indonesia. With these various problems, it shows that Indonesia needs a legal reformulation related to money laundering as classified as a transnational crime. Based on this background, this research will discuss the problems of how money laundering can be classified as a transnational crime, the problems with its law enforcement, and the legal policy of money laundering as a transnational crime reformulation in Indonesia. This study uses a descriptive normative research method with a qualitative approach. The results show that the idea of reformulation in law enforcement of money laundering as a transnational crime in Indonesia is through the reconstruction of Mutual Legal Assistance or MLA between the Indonesian government and various countries in the world and the application of other international instruments, such as extradition and confiscation. Then regarding the problem of money laundering in law enforcement, it is necessary to reformulate the authority of the Corruption Eradication Commission or KPK to prosecute money laundering crimes originating from the criminal act of corruption because the Anti-Money Laundering Law has not yet clearly regulated the law enforcers who are authorized to carry out prosecutions for the Crime of Money Laundering. So to overcome this law enforcement problem, it is necessary to reform the money laundering law.

Case Study of Ship Traffic Crowds in The Malacca Strait-Singapore by Using Vessel Traffic System

The Malacca Strait as one of the main routes of world trade has the potential for the emergence of transnational crime. The strategic location of the Malacca Strait makes it fragile and vulnerable to piracy practices. The occurrence of this piracy has the potential to disrupt shipping lane traffic so that shipping safety is threatened and causes substantial losses for ship owners. But it is not only piracy that causes considerable losses, there is other factor that are also very influential besides piracy, namely accidents. One of the causes of accidents is the flow of ship traffic that is too crowded and is not immediately addressed. Therefore, it is necessary to increase the safety of ship traffic, one of which can be by increasing the Vessel Traffic Service (VTS). Vessel Traffic Service (VTS) serves to help provide reports on navigational and meteorological information for ships crossing a water. If the Vessel Traffic Service (VTS) is implemented and improved in the Malacca Strait, it is hoped that accidents and piracy can be minimized. This study aims to analyze the traffic congestion of ships in the Straits of Malacca and Singapore to optimize maritime security and safety and improve the Vessel Traffic System (VTS) in these straits. From the results of the analysis obtained data in the Strait of Malacca-Singapore there is an average trend of increasing the volume of ship traffic every year by 2% and has the potential to cause a lot of ship traffic. This data is very useful in order to improve the Vessel Traffic System (VTS) in the Malacca-Singapore Strait so that this traffic jam can be overcome.

THE URGENCY OF ARRANGEMENT REGARDING ILLICIT ENRICHMENT IN INDONESIA IN ORDER TO ERADICATION OF CORRUPTION CRIMES BY CORPORATIONS

Along with the times, the motives or concept of corruption are increasingly complex and growing, as well as the increasing number of transnational crimes, it makes the world need regulations regarding illicit enrichment in legal products at the level of law to allow the imposition of legal sanctions for these crimes, including Indonesia. The purpose of this study is to provide an overview of the practice of illicit enrichment in Indonesia and its comparison with other countries, as well as an analysis of the urgency of regulating illicit enrichment in Indonesian law as one of the most important norms in efforts to eradicate corruption in Indonesia. In this study, the method used is normative juridical using a statutory, conceptual and case approach. From the results of the study, an idea that is presented in efforts to develop and reform law in Indonesia, namely in the context of eradicating corruption. This idea is discussed in more depth through a number of concrete cases that have been processed in Indonesia which shows that if we have illicit enrichment norms, the handling of these cases will be maximized. Through this regulation related to illicit enrichment, of course, it can prevent public officials (corporations) from committing corruption, minimizing initiatives to do business or other activities that are full of conflicts of interest (with their positions).

The Effectiveness of Indonesian National Police Strategy in Cybercrime Eradication through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

Cybercrime has increased along with digital growth in Indonesia in the last decade. There has been a heightened urgency among Indonesian government agencies to eradicate cybercrime. These efforts include a national cybersecurity strategy and taking part in regional cooperation, such as AMMTC. This paper examines the effectiveness of the Indonesian National Police (INP)’s strategy in AMMTC to combat the nation’s cybercrime. By looking at the Global Cybersecurity Index (GCI), this article elaborates on whether the INP’s approach effectively counters cybercrime in Indonesia. This study utilizes transnational crime, cybercrime, cooperative security, and regional organization concepts. It conducts a qualitative research method with a case study approach as a derivative and an analysis descriptive research type. With primary data in the form of interviews with two sources and secondary data that took various related sources, the research conducts triangulation of data. This study shows that although Indonesia was slower in handling cybercrime cases, the effectiveness of INP’s approach on a national and regional scale is starting to look up

The Effectiveness of Indonesian National Police Strategy in Cybercrime Eradication through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

The Effectiveness of Indonesian National Police Strategy in Cybercrime Eradication through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

International Cooperation to Handle Child Trafficking in Indonesia

Child trafficking is a crime of trafficking and exploitation that occurs in children. Child trafficking is a transnational crime involving many actors from within and outside the country, both government and non-governmental. Child trafficking that occurs in Indonesia and spreads to regional figures is based on several factors: economic, geographical, social, and cultural. Based on that, this qualitative research aims to find out international cooperation carried out by Indonesia to deal with child trafficking, methodologically data processing techniques using library research supported by news portals and scientific journals. This article indicates that Indonesia uses the theory of international cooperation and to overcome child trafficking in Indonesia uses human security, which refers to economic security. Indonesia's density carries out the following cooperations: global, regional, multilateral, and bilateral. It also improves the quality of education, provides training to improve the economy, and educates about the dangers of trafficking from an early age.

Trafficking crime policy in a philosophical, sociological and juridical perspective

This study aims to discuss government policies in tackling the crime of trafficking as a criminal act that violates human rights. Trafficking is a transnational crime and Indonesia as a country with a large number of trafficking victims. Trafficking victims are women/children, various endemics are the reasons for the occurrence of Trafficking crimes against vulnerable groups based on social, economic, and cultural conditions. The method used in this research is a descriptive method with a qualitative approach. In dealing with the crime of trafficking, it is necessary to do it bilaterally/multilaterally. Various prevention efforts have been carried out by the government through law enforcement (penal) against perpetrators as well as a form of protection for victims such as providing compensation to both victims and their families. However, the lack of understanding and professionalism of law enforcement officers in dealing with the crime of trafficking has resulted in this crime not being able to be resolved optimally, so there needs to be an integrated handling of cases by prioritizing non-penal efforts and involving the community in crime prevention and control, namely through preventive and repressive efforts.

LEGAL PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS IN INDONESIA (A REALITY IN EAST INDONESIA)

Trafficking in persons is an act that is inhumane and is a serious problem that must be resolved immediately. Indonesia is no longer a transit country but has also become a destination country for shipments and a sending country for victims of trafficking in persons. The mode that can occur in cases of trafficking in persons is through the Indonesian Migrant Workers mode. A person who is a victim of trafficking in persons is usually lured into working abroad with a large income. Trafficking in persons is a form of transnational crime, where there is usually involvement of people abroad and activities that occur across national borders. This research is a qualitative research with the research locus in Kupang, East Nusa Tenggara and also in Jakarta. The purpose of this study is to find out how the process of sending victims of trafficking in persons and the reasons a person becomes a victim of trafficking in persons, and how the law is implemented in Indonesia.

THE CURRENT STAGE OF LEGAL REGULATION OF INTERNATIONAL COOPERATION IN THE INVESTIGATION OF TRANSNATIONAL ECONOMIC CRIMES

The article is devoted to the analysis of the current stage of legal regulation of international cooperation in the investigation of transnational economic crimes and the identification of shortcomings in international legal acts to determine the forms and directions of cooperation in the investigation of crimes of this category. On the example of international conventions in the field of international cooperation in criminal proceedings, bilateral agreements of Ukraine on international cooperation in the investigation of transnational economic crimes and multilateral regional conventions in the field of criminal procedure, it is shown that international cooperation of competent authorities of Ukraine and foreign countries. Transnational crimes are committed at three levels: universal, regional and bilateral. It is emphasized that bilateral agreements often contain significant gaps in legal regulation, especially in the area of certain types of mutual legal assistance in the investigation of transnational economic crimes, namely: they do not allow for the receipt and provision of comprehensive mutual legal assistance in criminal matters. economic crimes of a transnational nature; do not provide the prospect of expanding the range of forms of legal aid provided depending on the specific circumstances of the case and the state of criminal procedure legislation; do not contain norms on such areas of international cooperation in the investigation of transnational economic crimes as cooperation in the investigation of economic crimes committed with the use of modern computer technology, the use of video communications in proceedings, legal regulation of international search, arrest and confiscation assets obtained by criminal means, as well as proceeds from criminal activity (these areas are only mentioned in some bilateral agreements, without sufficient procedural details). Key words: legal regulation, international cooperation, economic crimes, transnational character, international conventions, bilateral agreements.

SIRBİSTAN CUMHURİYETİ’NDE BİLGİ TOPLUMU VE BİLGİ GÜVENLİĞİ

Cybercrime or the computer-related crime is the most widespread form of transnational crime, which is in its social and economic characteristics significantly different from traditional and organized crime. Cyberspace offers countless opportunities for economic development, social interaction, and political cooperation, but also provides tools for illegal surveillance, personal data collection, influencing democratic processes, committing crimes, and exchanging numerous ways and methods of warfare. This paper provides an overview of legal documents in the Republic of Serbia related to information security, data security, and deviant behavior in cyberspace, with special emphasis on the analysis of the Strategy for Information Society Development and Information Security in the Republic of Serbia for 2021-2026. Using the criminological approach, this paper focuses on legislation concerning existing criminal offenses related to cybercrime and various forms of other criminal activities, but also on the international cooperation that Serbia achieves in the field of information and cyber security.

Exploitation of Indonesian Migrant Workers on Foreign Ship

This paper will explain the strategies that must be carried out by the Indonesian government to minimize transnational crime. Transnational crimes against Indonesian migrant workers working on foreign ships have so far not received special attention. The increase in cases every year, especially 2019-2020 shows that this transnational crime must be a priority for the Indonesian government. Why is this important, it is part of Indonesia's foreign policy and diplomacy to protect the human rights of its citizens. This protection is a form of state commitment to provide a sense of security to humans, especially Indonesian citizens. This paper uses a qualitative method in the form of a case study with secondary data analysis techniques and a thorough literature review. The results obtained are that the strategies that must be carried out by the government are 1) tightening the recruitment channels for migrant workers 2) national and international law enforcement, 3) bilateral and multilateral diplomacy 4) the use of digital applications, and 5) collaboration with NGOs such as the ILO. This paper can become a reference for the government's strategy to formulate a pentahelic policy in solving crimes against Indonesian migrant workers abroad.

외사 경찰의 국제공조수사 인식에 대한 탐색적 연구

This study aims at exploring the subjective perception of law enforcement practitioners who work in the field of foreign affairs and INTERPOL. In particular, the present study focuses on examining the perception of Korean police officers regarding the necessities and the ways of building international cooperation with foreign police officers. The numbers of dangerous criminals who had fled overseas have been dramatically increased in South Korea. International Criminal Police Organization(INTERPOL) refers to the international organization that supports worldwide partnerships of police in order to combat transnational crimes and arrest the offenders fleeing overseas. Numerous criminals who tried to flee overseas have committed various types of transnational crimes such as cyber crimes, trafficking in persons, and other organized crimes avoiding investigation of INTERPOL. Few studies have been conducted about the attitude and perception of policemen who work in the sectors of foreign affairs and INTERPOL in South Korea. The current study emphasized the significance of the perceptions of police officers about utility of INTERPOL for re-arresting criminals who fled overseas and subjective opinions of police officers about red notice for combating transnational crimes. Furthermore, this study concentrated on the comparative police cooperation strategies in terms of assigning the effectiveness of “KOREAN DESK Police Officers” regarded as Korean liaison officers who work in foreign countries. Data were drawn from the total number of 317 police who had participated in survey from 4, December to 7, December, 2020 with the support of Korean National Police Agency. Result demonstrated that specific training and education for police officers are required in the field of foreign affairs due to the lack of perception about non-red notice issues of INTERPOL and insufficient international cooperation systems with foreign police departments. Further policy implications will be discussed.

Harm Reduction and War on Drugs in Indonesia During Joko Widodo Era

Narcotics is a form of transnational crime. From the practice of narcotics crime, many victims of the nation's generation. Circulation and abuse of narcotics are some of the problems facing the world, including Indonesia. Estimated data on narcotics users in Indonesia is between 3.7-4 million people (National Narcotics Agency). Various efforts have been made by the Indonesian government to break the chain of narcotics trafficking and abuse through international collaboration with the Harm Reduction (HR) program. The era of President Joko Widodo (Jokowi) of the Indonesian government was more towards the "War on Drugs" policy. The success of the Harm Reduction program by the previous government, namely reducing the number of HIV/AIDS transmission among narcotics users. The rejection of the declaration of the War on Drugs against the Jokowi regime which failed in the first period. In this study, the theory of international regimes and the concept of human security will be used as well as bibliometric analysis methods with VOSviewer software.

The Countermeasures Efforts of Illegal Transshipment Impact as a Transnational Crime

The impacts and disadvantages of transhipment which even threatens sustainable development shows that transhipment can be identified as a transnational crime. On the one side, there is a need for legal countermeasures for the transshipment crimes in Indonesia so it does not occur again. But on the other side, transshipment actually becomes a necessity because fish landing mostly take time so that the fish are not fresh. In addition, the transshipment countermeasures also has some obstacles because there is no agency or institution with a special task of supervising and taking action against waters crimes in Indonesian in full authority to tackle transhipment. The problem that will be discussed in this article is how is transhipment related to transnational crime? And what is the countermeasures framework for dealing transhipment related to transnational crime? The research results showed that transshipment has been regulated in international law and national law. However, transhipment can be classified as a transnational crime because it fulfills the elements of a transnational crime and it is related to other transnational crimes. So there is a recommendation for a countermeasures framework of transhipment crime as a transnational crime, namely by establishing cooperation between the central and regional governments in the field of marine and fisheries. Then other recommendations related to handling fisheries crime cases such as transhipment can be carried out through a restorative justice mechanism that charges criminals to compensate for losses and recover fish resources due to their crimes.

Legal regulations against human trafficking

Legislative support for combating human trafficking is represented by such documents as the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties of 2.12.1949, the International Covenant on Civil and Political Rights of 16.12.1966, the Convention on the Elimination of All Forms of Discrimination against Women. December 18, 1979, Declaration of European Recommendations on Effective Measures to Prevent Trafficking in Women for the Purpose of Sexual Exploitation, 1997, Council of Europe Joint Action Document, 1997, UN Convention against Transnational Organized Crime, November 15, 2000, Protocol on the prevention, prevention and punishment of trafficking in human beings, especially women and children, the Recommendation of the Committee of Ministers of the Council of Europe “On sexual exploitation, pornography, prostitution and trafficking in human beings and adolescents” and others. National anti-trafficking legislation includes: the Constitution of Ukraine, the Criminal Code of Ukraine, the Laws of Ukraine: “On Combating Trafficking in Human Beings”, “On Preventing and Combating Domestic Violence”, the Resolution of the Cabinet of Ministers of Ukraine of February 24, 2016. № 111 “On approval of the State Social Program to Combat Trafficking in Human Beings until 2020”, Order of the Ministry of Education and Science of 08.04.2016 № 405 “On approval of the action plan of the Ministry of Education and Science to combat trafficking in human beings until 2020”.Modern international legal regulation of combating trafficking in human beings includes a fairly large array of various legal acts, including: the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties, the UN Convention on Transnational Crime and the Protocol to Prevent and Suppress trafficking in human beings, especially women and children, and the ILO Convention, the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, etc. And although international norms are quite clear, there are still gaps in that implementation. Yes, the Palermo Protocol calls for a comprehensive approach to combating human trafficking, but it is still not fully implemented. States often try to combat trafficking only in terms of migration or solely in terms of combating crime on their territory, but such a shameful phenomenon as human trafficking is unfortunately a global problem and must be addressed systematically and jointly. States must recognize and implement all international treaties relating to trafficking in human beings in order to make every effort to combat this problem. Ukraine has launched a large-scale anti-trafficking campaign in the post-Soviet space. Since independence, national legislation aimed at eliminating trafficking in human beings has been developed based on international best practices, and a set of measures to improve the effectiveness of combating the threat of trafficking and ensuring the security of the country's population has been implemented within the framework of state programs to combat trafficking and illegal migration. In order to minimize the phenomenon of human trafficking, efforts are being consolidated at the regional and interagency levels by strengthening international cooperation and implementing best practices.

The Government's Role in Handling Drug Smuggling in the Entikong Border Area

Drug smuggling is a case that has often occurred in various countries, especially in the border areas of Indonesia and Malaysia. Drug smuggling can be categorized as a transnational crime. Entikong, one of the border areas between Indonesia and Malaysia, has experienced this case, and every year there is an increase in the number of points. Transboundary crime has become a form of corruption that challenges handling and making existing policies. In an era that is developing rapidly, the methods used in committing crimes are also increasingly diverse. Through this article, The author aims to further examine the policies implemented by the Indonesian and Malaysian governments in dealing with drug smuggling cases in the Entikong area by looking at the development of relations between the two countries in the past. In its framework, this paper uses the theory of transnational crime and the concept of bilateral relations. This research was conducted using an explanatory method with a qualitative approach in which the data received were based on data described in writing. The data is collected through a literature study. Some of the data will come from journals, articles, and other credible sources to see the security factor in the Entikong border area, making drug smuggling cases still occur today. This research was conducted using an explanatory method with a qualitative approach in which the data received were based on data described in writing. The data is collected through a literature study. Some of the data will come from journals, articles, and other credible sources to see the security factor in the Entikong border area, making drug smuggling cases still occur today. This research was conducted using an explanatory method with a qualitative approach in which the data received were based on data described in writing. The data is collected through a literature study. Some of the data will come from journals, articles, and other credible sources to see the security factor in the Entikong border area, making drug smuggling cases still occur today.

Transnational Crime Cooperation in ASEAN

Transnational crimes involving networks in several countries require cooperation at regional and international levels. As the central point in implementing international cooperation, the Ministry of Foreign Affairs must support all parties in implementing the one-door policy. The problems of this study are how the cooperation between ASEAN countries in dealing with transnational crime and what efforts are made. This study aims to explain that TOC has become an essential issue in International Relations, describe the spread of TOC and those related to TOC c., and inform that the TOC issue can threaten human security. This type of research is descriptive analysis. Collecting data is carried out by a literature study. Besides, the data analysis process is carried out by testing, selecting, categorizing, evaluating, comparing, synthesizing, and reflecting on the data (completing the coded data). The most significant criminal crimes in ASEAN are drug trafficking, human trafficking, maritime piracy, and terrorism. All of these problems are essentially related to each other. These problems must also be viewed in the right way so as not to be wrong in finding and applying the solution.

Transnational gangs and criminal remittances: a conceptual framework

Policy responses to transnational criminal organizations (TCOs) within migrant receiving countries often conflate all organizations which conduct illegal activity in multiple countries based on the mafia or cartel model. This model imagines the TCO to be the most evolved form of organized crime: deeply institutionalized, well resourced, hierarchically structured, highly profitable, and diversified in their criminal activities. Such a model informs law enforcement and immigration policies which are often draconian and counterproductive to citizen security. In reality, transnational crime is highly varied in organization, activities, scope, and membership. A major TCO type that defies the mafia archetype is the transnational gang. This study seeks to nuance our understanding of TCOs, illustrated by case studies of two transnational gangs, MS-13 and Satudarah, by advancing the concept of criminal remittances to locate agency in transnationalization. As the case studies demonstrate, for transnational gangs, the remittance of criminal activity is not at the organization level but at the individual and state level. Thus the transnationalization of crime can itself be the product of state foreign and migration policies.

Issues of international cooperation in criminal proceedings: Some problems of reform

It is studied reforming’s problems of the teamwork between countries in the field of criminal justice. The fundamental principles on which the teamwork of countries in the struggle with transnational crime is built, both generally accepted and enshrined in the lawmaking of the Republic of Azerbaijan, as well as the principles that were studied in the works of foreign scientists, were analyzed. After analyzing these principles, the authors identified problematic aspects of the existing teamwork between the efforts of countries in the area of resisting transnational crime, suggested possible ways to solve them. Separately, the authors of the article studied and analyzed the problem of reforming legislation in the sphere of the teamwork of countries in the area of resisting transnational crime at different levels, taking into account the latest global trends in the area of resisting transnational crime. It is defined that the Republic of Azerbaijan is a democratic state in the sphere of the teamwork of countries in the area of resisting multinational crime. An analysis was made of the cause-and-effect relationships between globalization and digitalization of the world community, and crime without borders, their impact in the aggregate on the international teamwork of countries in this area.

EXTRADITION BY THE INDONESIAN NATIONAL POLICE OF PERPETRATORS OF CORRUPTION FROM INDONESIA, BASED ON THE LEGAL PROVISIONS OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (ICPO-INTERPOL)

Interpol is an organization formed to coordinate cooperation between police in countries around the world. Advances in technology, information, and communication have increased the intensity of transnational crime. The extradition treaty has an important role in preventing and overcoming perpetrators of international crimes, especially perpetrators of corruption who fled from Indonesia to other countries, whether they are still suspects, defendants, or convicts. The formulation of the problem in this study is how the role of the Police in the practice of carrying out the extradition of perpetrators of corruption, legal arrangements in the execution of extradition of perpetrators of corruption committed by the Police based on the Constitution of the ICPO-Interpol, and what factors hinder the Police in carrying out international cooperation in the field of extradition. The result of the discussion of the problems that arise in this research is an international cooperation agreement that has been ratified by the two countries, in which the Indonesian Police submitted a request for extradition as a requesting state to the requested state against the fleeing corruption perpetrator. The state government is requested to process the extradition request accompanied by authentic evidence of the complete identity of the perpetrator. The process of carrying out extradition was hampered due to several factors, one of which was the absence of an extradition agreement by the Government of Indonesia with the government of the requested country, where the perpetrators of corruption fled so that the implementation of extradition was hampered or perhaps even rejected by the requested country.