Transnational Crime Research Articles

The mechanism of international cooperation accordingly to UN Convention against Transnational Organized Crime

The article considers the mechanisms for fighting transnational crime and international cooperation in accordance with the United Nations Convention against Transnational Organized Crime and identifies the main factors that complicate international cooperation processes to combat transnational crime. The authors emphasize that international cooperation in the fight against crime is key to the success and guarantee of international security. The main objectives of the article are to carry out a comprehensive analysis of the concept of "organized crime" in accordance with the United Nations Convention against Transnational Organized Crime, to determine the corpus delicti, as well as to improve International Law to combat transnational crime. In the article the following methods are used: induction, deduction, analogy, as well as historical, dialectical, formal-legal methods. The article provides us with the complex results related to the key mechanisms of international cooperation according to the United Nations Convention against Transnational Organized Crime.

Governance, Fragility and Insurgency in the Sahel: A Hybrid Political Order in the Making

ABSTRACT Once a region that rarely featured in debates about global security, the Sahel has become increasingly topical as it confronts the international community with intertwined challenges related to climate variability, poverty, food insecurity, population displacement, transnational crime, contested statehood and jihadist insurgencies. This Special Issue discerns the contours of political orders in the making. After situating the Sahel region in time and space, we focus on the trajectory of regional security dynamics over the past decade, which are marked by two military coups in Mali (2012 and 2020). In addressing state fragility and societal resilience in the context of increasing external intervention and growing international rivalry, we seek to consider broader and deeper transformations that can be neither ignored nor patched up through the framework of the ‘war on terror’ projected onto ‘ungoverned spaces’. Focusing especially on the mobilisation of material and immaterial resources, we apply political economy lenses in combination with a historical sociological approach to shed light on how extra-legal governance plays a crucial role in the deformation, transformation and reformation of political orders.

A Procuradoria Europeia e seu papel no fortalecimento de integração europeia

O texto ora apresentado traz à lume o momento político e econômico vivenciado pela União Europeia frente às adversidades advindas da globalização e a necessidade premente de fortalecimento da integração. O controle das fronteiras externas e o combate à criminalidade transnacional, dentre outras políticas adotadas pela União, tem por escopo manter e aperfeiçoar o espaço liberdade, segurança e justiça, com a adoção de um conjunto de medidas, dentre as quais a Cooperação Judiciária em matéria penal, que traz em seu bojo a consolidação do direito penal europeu, com a possibilidade de estabelecimento de regras mínimas relativas à definição das infrações penais e das sanções em domínios de criminalidade grave com dimensão transfronteiriça. Nessa esteira e visando o combate à criminalidade lesiva dos interesses financeiros da União, institui-se a Procuradoria Europeia, sobre cuja atuação prestes a iniciar, apresentamos algumas reflexões, fruto de questionamentos e inquietações que circundam o nascimento do novel Ministério Público europeu.

Role and place of international legal acts in the formation of legal enforcement against trafficking in human beings

The purpose of the article is to determine the role and place of UN international legal acts in the formation and development of legal support for combating trafficking in human beings, followed by the publication of the results obtained. This will facilitate the process of adapting the national legal system to the requirements of international treaties to which Ukraine is a party. It has been found that international legal acts in this area can cover almost all countries of the world, as well as only a number of states in a certain part of it. The first acts are adopted mainly by the UN General Assembly, or, for example, the International Labor Or-ganization, which, although it was formed before the UN was founded, but is now its specialized Agency. The analysis of the content provisions these documents allowed us to determine the impact of each of them on the formation of the legal framework for combating trafficking in human beings. Special mention should be made of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children of 2000. The 1949 Convention has been found more to address sexual issues rather than trafficking in human beings. The Protocol today plays a key role in the development of legal support for combating trafficking in human beings, as it provides a definition for this phenomenon that is now reflected in other later international treaties, as well as national legislation of various countries, although with some comments. This Protocol provides for a systematic approach to many issues arising in the work of of law enforcement and other authorities, as well as during cooperation in countering this transnational crime. The obtained and published results can be used by scientists in further research in this area, as well as law enforcement officers in the combating human trafficking.

Criminal legal approach to transnational crimes according to panamanian criminal law

Transnational crimes are those that affect national legal assets, but have repercussions at the level of the International Community because they are carried out, mainly, by criminal organizations that are linked to organized crime at the international level, as a result of the phenomenon of globalization. The article analyzes transnational crimes according to Panamanian criminal law.

Reflections on the Past, Present, and Future of IUU Fishing under International Law

Abstract The present brief contribution reflects on the evolution of IUU fishing, its current status, and possible future pathways to prevent, deter, and eliminate this practice. IUU fishing not only presents a question of management and conservation, but also entails serious human rights and transnational crime components. From these perspectives, this paper concludes that IUU fishing must be addressed through a multi-regime and multi-institutional process requiring the involvement of many stakeholders, including non-State actors. In particular, the effective settlement of IUU fishing disputes requires enhancing the role of international courts and tribunals as part of this process.

Deciphering a Strategy to Combat Reiterating Human Trafficking Gangs: A Case Study of the Rohingya Minority in Southern Thailand

Human trafficking has spread across the global and ASEAN regions, including Thailand as the one of members which has several forms of human trafficking. The study found that human trafficking of the Rohingya minority in the southern area has a unique aspect, from the growth of its organization, the process and the enormous volume of income it generates. Aims: This research has explored the roots of human trafficking issues in southern Thailand using case studies of the Rohingya ethnic minority. Research has also searched the connection of Social Security and human trafficking, which can provide solutions in the southern area. There is still no empirical research available about the Rohingya minority’s association with human trafficking issues in the south of Thailand. Qualitative research with in-depth interviews of experienced victims, experts and senior officials was carried out. Place and duration of the study is southern Thailand, from June 2016 to July 2019.
 Human trafficking has spread across the global and ASEAN regions, including Thailand as the one of members which has several forms of human trafficking. The study found that human trafficking of the Rohingya minority in the southern area has a unique aspect, from the growth of its organization, the process and the enormous volume of income it generates. Aims: This research has explored the roots of human trafficking issues in southern Thailand using case studies of the Rohingya ethnic minority. Research has also searched the connection of Social Security and human trafficking, which can provide solutions in the southern area. There is still no empirical research available about the Rohingya minority’s association with human trafficking issues in the south of Thailand. Qualitative research with in-depth interviews of experienced victims, experts and senior officials was carried out. Place and duration of the study is southern Thailand, from June 2016 to July 2019.
 The data collection process involved interviews with a semi-private structure and interviews of 19 Rohingya people, law enforcement officers and high‐level security officer, which found that the staff engaged in combatting trafficking had a problem in their knowledge of human trafficking crimes. The problem is they are not aware of Thai transnational crime organizations and their impact on the human rights of people and communities in the southern provinces. Results from the research show a significant key to assisting policy and law enforcement authorities, and also provide alternatives that can help protect people such as Rohingyas and to conduct litigation for those who seek justice. The discovery also builds trust in the Thai government to adjust the application of policy through the theory of security and organized crime related to human trafficking of the Rohingya ethnic minority, and to form up suggestions for policy‐makers that can be used to deal with human trafficking problem in the southern Thailand region.

The Intersection of Criminal Law, Technology and Business Commercial Law on Carding as Cyber Fraud

Introduction to The Problem: Since digital reform, business and trade sectors have begun to expand their network in cyberspace. Transactions carried out also no longer refer to ordinary things. The modern era of society indeed prefers a more efficient payment process, namely through a credit card. On the other hand, the advancement of digital technology also provides opportunities for perpetrators of crime in cyberspace. The fraud, which was initially carried out with the objects of written reports, began to move lanes towards data manipulation in the form of carding. Purpose/Objective Study: This paper is intended to analyze and examine carding as cyber fraud in three legal studies: criminal law, business, and commercial law, and transnational criminal law. This study illuminates the intersection between criminal law, business and commercial law, law and technology, and international criminal law in carding cases. Design/Methodology/Approach: The paper is normative legal research using a comparative approach and regulations related to carding and cyber fraud. Findings: The study highlighted that carding as a manifestation of cyber fraud is also a transnational crime, which involves networks or groups across national borders to carry out certain illegal businesses or activities. Included in this case is the data theft on credit cards. Of course, this has resulted in a shift of public trust towards the credit card provider sector, namely banks, so that there is a need to strengthen the juridical pathway nationally and internationally. Paper Type: General Review

SEIZE THE ACTION OF THE INTERNATIONAL CRIMINAL COURT BY ITS COMPLEMENTARITY

One of the most significant difficulties of the ICC is the absence of a universal acceptance and, in addition to the constant process of interference in internal affairs in which it is made. We are increasingly seeing the worsening of political critics who advocate, sometimes expressly vehemently, to quit its activities rather than optimizing its functioning. This situation maintains the vagueness of the international community in the fight against transnational crimes. However, suppose we want to fight the most serious crimes that threaten the peace and security of humanity by judicializing solutions. In that case, the complementarity of the Court, which is considered by these States to violate sovereignty, should instead be observed as a legitimate conventional motive that incites to improve the internal system and act effectively at the national level. States must combine both a feeling of preserving their State prestige, contained in the principle of sovereignty and the need to unbridle their national systems that have covered up the crimes that benefit them since the beginning of time.

Transnational organized crime as a destructive phenomenon of globalization

The article examines the problems associated with the impact of globalization on the state of crime and the factors of modernglobal processes that shape it’s destructive phenomenon – transnational organized crime. The study concluded that globalization ofcrime is now the main trend of it’s criminal transformation; transnational organized crime is a real step towards criminalization of society.Therefore, it is quite reasonable to assert that the formation of a transnational criminal environment is an antipode for a law-abidingsociety. The main factors of criminalization of society include: value-vacuum (weak state and the lack of values in society – this is theworst combination for society and the most advantageous for the progress of crime); informational influence, which justifies and legi -timizes criminal phenomenon; involvement people to the criminal society; instability. Besides improper state development leads to ocial non-adaptability, stratification of society. The modern “globalized progress”, that focused on alleged human values destroys thenormative base by legal, quasi-legal and criminal actions. Such transformation of society is the source for the transformation of organi -zed crime.It is actually nowadays to develop the fundamentally new attitude to the study of transnational crime, – sociocultural attitude,which can be based on such a postulate – the factors of the development of transnational criminal organizations associated with theemergence of appropriate opportunities at the global level.During exploring the transnational organized crime as a phenomenon that paradoxically is created by socio-cultural developmentof human civilization, firstly, it is necessary to understand that this phenomenon is a completely separate segment of crime, which hasit’s own and system characteristics.Secondly, the scientific definition of the features of transnational organized crime should be based on an analysis of it’s systemicinteractions, which will enable to solve the problem of developing and implementing a national and consolidated concept of combatingtransnational organized crime at the international level.

APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS

A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.

Sex Trafficking Beliefs in Counselors: Establishing the Need for Human Trafficking Training in Counselor Education Programs

Human trafficking is a transnational crime that counselors must be prepared to address through advocacy efforts and within therapeutic settings. The present study sought to examine whether sex trafficking attitudes were different in counselors based on training specialization, workplace setting, biological sex, and previous human trafficking training. A national sample of 866 licensed professional counselors, clinical counselors, and school counselors participated in the study. Sex trafficking attitudes were measured using the Sex Trafficking Attitudes Scale (STAS). Multivariate analysis of variance (MANOVA) and post hoc descriptive discriminant analyses (DDA) were used for data analyses. A statistically significant model for training was identified on attitudes related to awareness and efficacy. The present study provides empirical evidence for the importance of incorporating sex trafficking content into counselor education graduate programs. Professional counselors are additionally encouraged to pursue sex trafficking trainings.

POSIBILIDADES Y BENEFICIOS DE UNA EXTENSION DEL ESPACIO DE INTEGRACION FRONTERIZO CON CHILE MAS ALLA DE TACNA Y ARICA

El Gabinete Binacional Perú-Chile celebrado en julio de 2019 abrió la posibilidad de ampliarel espacio fronterizo entre los dos países, más allá del área consolidada formada por Tacna yArica. La hipótesis a ser probada es que una mayor participación de las regiones contiguas deMoquegua y Tarapacá en foros bilaterales y una "visión ampliada de la región fronterizabinacional –sur peruano-norte chileno" promoverá beneficios mutuos para ambos países enáreas específicas como el turismo, la prevención de delitos transnacionales, las relacionesculturales, los asuntos migratorios, entre otros aspectos.

The issues of international cooperation of Russia in countering the economic crime

Subject. We analyze the aspects of Russia's cooperation with other countries in countering the economic crime. Objectives. The article analyzes methods and goals of Russia's cooperation with other countries, dealing with general issues and aspects coordinated by the Ministry of Foreign Affairs of the Russian Federation, Federal Security Service, Federal Customs Service and Federal Service for Financial Monitoring. Methods. The study is based on the economic analysis, methods of classification and modeling, deduction and synthesis. Results. We studied what various international relations organizations of Russia do in countering the economic crime. We unveil some aspects of such a cooperation, i.e. legal attache, international treaties, common security council, communications, international compliance. Russia was found to cooperate most actively with Austria, Belarus, Belgium, Cyprus, Latvia, France, the USA, Spain, Germany, Kazakhstan, Palestine, Israel, Azerbaijan and Armenia. Conclusions and Relevance. States need the international cooperation and its advancement to effectively counteract with the economic crime. It is especially important as the transnational crime proliferates. However, the international cooperation is impossible if institutional, legal and regulatory aspects are not refined. The article suggests what should be dine to make the cooperation more effective.

Crimen transnacional organizado: las Organizaciones del narcotráfico mexicano en Colombia

Tras varios años de relaciones entre organizaciones criminales transnacionales de Colombia y México, los carteles mexicanos, con el propósito de ampliar los territorios de influencia y utilidades sobre el negocio ilícito, tomaron la determinación de expandir sus actividades hacia territorio colombiano. Proyectaron sacar grandes réditos, al valerse de la existencia de organizaciones armadas al margen de la ley, carteles del narcotráfico y grupos armados organizados (en adelante, GAO) que actúan en un vasto territorio con débil presencia del Estado y Gobiernos vecinos proclives al negocio ilícito. A partir de esta hipótesis, el presente estudia el fenómeno de convergencia y, apoyado en la línea del tiempo y en fuentes primarias, entre las que destacan los documentos emitidos por la Oficina contra la droga y el delito de la Organización de Naciones Unidas (UNODC), documentos internos de las FARC, declaraciones y estudios especializados, se fundamentará la tipificación del crimen transnacional organizado y el narcotráfico como una amenaza para la humanidad. Se avanza hacia la identificación, en la línea del tiempo, de las relaciones entre los carteles colombianos y mexicanos y luego se verifican, desde el fenómeno de convergencia, los vínculos transnacionales entre los carteles mexicanos del narcotráfico con las organizaciones insurgentes, terroristas y criminales de Colombia. Por último se abordan las implicaciones que tal relación puede tener sobre la seguridad regional.

Cases and Countermeasure of Indiscriminate TERRORISM

Recently, violence and violent protests such as the political revolution in the Middle East and Africa, anti-social resistance in Europe, and the occupation of Wall Street in the US have been heating up and spreading due to the global economic downturn and the heat of liberalization. Many countries, including the US, UK, and Spain, are experiencing homegrown terrorism, and Korea is also warned of the possibility of homegrown terrorism. In ad-dition, the types of terrorism are changing in various ways due to the rapid development of science and technol-ogy. Biochemical weapons, high-performance bombs, and cyber terrorism, which can kill a large number of lives, are possible, and the development of information and communication technology(ICT) enables close links among terrorist organizations, further strengthening the formation of an international terrorist network. Also, recent terrorism has been indiscriminately perpetrated against an unspecified number of citizens in various ways. In this context, the police s anti-terrorism mission to protect citizens lives and property in the closest place to the people has emerged as an important task. In order for the police to carry out this mission, they must be trained as the first responders at the scene of terrorism, and it is important that they gather information effec-tively and cooperate with various counterterrorism agencies. In addition, efforts are needed to prevent crimes in advance by patrolling areas where foreigners are concen-trated and maintaining proper security. This is because the increase in crime by foreigners could serve as a factor that further destabilizes their status in Korean society. This will be useful not only for the prevention of crime but also for that of terrorism. Furthermore, in order to strengthen the ability to respond to international sex crimes, a joint investigation is essential, including the rapid exchange of information among related agencies and the expansion of information collection. All organizations related to countering international sex crimes, including the police, immigration au-thorities, the National Intelligence Service, the Ministry of Employment and Labor, the Ministry of Foreign Affairs and Trade, foreign diplomatic offices in Korea, and the Small and Medium Business Administration, should es-tablish a close cooperation system to deal with them. As there are cases of fleeing to foreign countries immediately after committing international sex crimes, the government should maintain a system of rapid investigation cooperation with police stations in charge of check-points, airports, and ports to prevent culprits from escaping to foreign countries. As terrorism is a transnational crime that transcends borders, it is essential to exchange information with foreign intelligence and investigation agencies in terms of prevention and response. Finally, it is necessary to establish a social safety net. Securing a safety net to support the lives of the socially disadvantaged and easing inequality through structural reforms are key tasks that Korean society is faced with. Disasters like COVID-19, which has plagued the world, cause more pain for the weak. Disaster is never equal and is harsher for the poor. We need to secure a safety net to support the lives of those at stake and improve ine-quality. Even if the COVID-19 crisis is overcome well, it is likely to deepen the economic polarization and social inequality between the rich and the poor in the future. The distribution of welfare benefits for the vulnerable and the establishment of a new type of governance involving the government, businesses, and labor unions all to cope with the new era are required. This is also a countermeasure against indiscriminate terrorism.

Transnational Organized Crime in the Era of Globalization

The authors analyze versatile manifestations of globalization, the internationalization of the global community development in the modern technogenic conditions, and conclude that these processes lead not only to positive, but, unfortunately, also to negative consequences. Specifically, they focus on the qualitative and quantitative changes in the heterogeneous structure of the so-called transnational organized crime. It is claimed that the most dangerous of them are cybercrimes, drug-related crimes, and human trafficking, which became the object of theoretical and empirical research. The study of international and national materials made it possible to apply a multi-aspect approach to the analysis of the normative basis and statistical data in this sphere. The authors identify the trends and regularities in the development of modern drug-related crimes in the plain of global and local socio-political, economic and legal phenomena; they also identify the priorities for the work of government bodies, including law enforcement agencies, aimed at counteracting these crimes. For cybercrimes, the authors outline the scope of the most dangerous types of illegal activities against national and economic security of states, against the rights and freedoms of their citizens; primarily, they single out the spread of terrorist threats, fraud related to financial and commercial information, personal data, etc. They analyze the clauses of the basic international normative legal act on counteracting cybercrime - the Budapest Convention of the Council of Europe - and pay special attention to the differentiation of crimes while taking into account this type of illegal activity, as well as the enforcement of the Convention in modern conditions. The essence of international terrorism is determined based on the statistical data and their correlation in one or another state; ideologically radical worldviews, separatism, personal ambitions of modern elites are recognized to be key prerequisites for this work. It is claimed that, as a type of transnational crime, global human trafficking is rather dangerous for modern society because of its considerable latency; its manifestations are described, it is also noted that a complex of preventive measures should be implemented at the international and national levels. The authors conclude that transnational crime is an urbanized deeply interconnected phenomenon that does not exist in a pure form and requires highly coordinated large-scale actions from the global and the national communities, as well as adequate professional training of law enforcement employees.

Peranan Tentara Nasional Indonesia dalam Penindakan Terorisme Berbasis Agama

The purpose of this research is to find out and to analyze problem and the role of the TNI Special Operations Command (Koopssus TNI), as well as obstacles faced by the TNI Special Operations Command in the prosecution of terrorism in Indonesia. This research is discussed and motivated by the increasing complexity of terrorist acts which use the latest technology, international networks and close links with other transnational crimes, as well as endangering national and international security. The research method is conducted using normative law, while the source of legal material used is through secondary legal material which is material obtained through library studies by examining various references relating to the object of this thesis study such as books, legislation, scientific journals, print and electronic media. The statutory regulations in this study are the Law of the Republic of Indonesia Number 5 of 2018 concerning Eradication of Terrorism Crimes, Law Number 34 of 2004 concerning the Indonesian National Army and Presidential Regulation Number 66 of 2019 concerning the Composition of the Organization of the Indonesian Armed Forces. Based on the results of this study it can be seen that terrorism is not only a criminal offense, but also is broader than that. Terrorism is anything that wants to change Ideology, including those based on religion. The Special Operations Command of the TNI handles Terrorism Crimes which is highly escalated and its deployment under direct order from the President. The TNI Special Operations Command is a new structure within the TNI, and addresses urgent issues. The role of the TNI Special Operations Command is not optimal because it is a relatively new organization. Its existence is as expected because it accommodates the interests of the TNI, related to being able to handle strategic matters at the national level so as to accelerate its deployment under direct command from the TNI Commander.Keywords:TNI Special Operations Command (Koopssus TNI), Role, Obstacles, Terrorism

Policy Implementation of Lantamal VIII Manado in Handling Transnational Crimes in the North Sulawesi Marine Border

This study aims to identify the policy of Main Naval Base VIII (Lantamal VIII) Manado to handle transnational crimes in the Manado sea border, North Sulawesi. It is implemented in order to support Indonesia's maritime security which contains communication, resources, disposition, and bureaucratic structure. This study uses a qualitative approach with a case study. Data collection using interviews and documentation while examining the data’s validity using triangulation. The argument of this study is the communication made by Lantamal VIII Manado which represents the relation of Indonesia and the Philippines, while coordination between the competent agencies in the waters of North Sulawesi requires good synergy. Nevertheless, there are several problems encountered by Lantamal VIII Manado, namely the lack of personnel and defence equipment. The disposition aspect has been going well according to the command mechanism. In addition, from the bureaucratic structure, Lantamal VIII Manado has a clear division of regional work.

Tinjauan Filsafat Hukum Islam terhadap Pelaksanaan Remisi bagi Pelaku Tindak Pidana

The paper aims to examine the perspective of Islamic legal philosophy on the implementation of Remission in terms of legal principles and justice. There are three conclusions from this article. Firstly, good behavior which is a requirement for a criminal to receive remission cannot be named as the concept of repentance in Islamic law. Secondly, the remission given to the perpetrator is not based on the principles of law and justice in Islam. Thirdly, it is suggested that Presidential Decree No. 174 of 1999 concerning Remission needs to be reviewed by distinguishing the types of crimes committed, so that justice, peace, and benefit for the community can be obtained. Even so, it should be noted that based on the philosophy of Islamic law, remission which is given to the criminals (convicts or child criminals) who have committed serious human rights crimes, corruption, drug dealers, murder, and transnational crimes, etc. is not following the principles of law, justice and benefit.