Transnational Crime Research Articles

Perempuan dan Teror: Memahami Peran Kombatan Perempuan dalam Kampanye ISIS

At this time, writing about women in the Islamic State of Iraq and Syria campaign has focused on their role as supporters. While in acts of terror, ISIS often turns women into combatans in ISIS terror acts. The study was conducted with a content analysis method for documents discussing the acrion of ISIS in Iraq, Syria and Southeast Asia and analyzed by transnational crime theory. Since the development of globalization and the advancement of information, technology communication, terrorist groups have been easier to create transnational terrorism networks because they are supported by various technological conveniences. ISIS makes use of these modern tools to spread their ideology, find and recruit new members from all corners of the world more easily. In recent years ISIS suffered a major defeat that changed the map and strategy of terror. This article concludes that women have been incarnated as subjects in ISIS international terrorism. The use of women as combatants in ISIS terror attacks is unusual. Thoughts that ISIS has implanted since 2015 produced various results by doing new terror attacks with women as perpetrators. Deradicalization then carried out by military and non-military ways. The military way to attack ISIS actions with military weapons, while the non-military way by changing the thoughts of the perpetrators.

Fishy business: regulatory and enforcement challenges of transnational organised IUU fishing crimes

The article aims to find the answer on the main question of how can the criminalisation of IUU fishing, especially when committed by OCGs, under suppression conventions tackle the deficits of regulations and enforcement at the international and national levels? These deficits have origin in the limited prescription by international fisheries instruments and a large autonomy and discretion of states leading to substantive divergent policies, legal framework and practices at the national level. Further, the actual international fisheries instruments do not provide for regulatory and enforcement solutions in relation to the involvement of OCGs in IUU fishing. We argue that suppression conventions at global and regional levels could serve as solutions to supplement the deficits. In explaining the argument, first we examine the phenomenon of IUU fishing and its TOC dimensions, and the significant harms caused by it. Second, we examine the regulations and enforcement provisions of international and national fisheries instruments to establish the deficits. Third, we elaborate why suppression conventions are suitable solutions. Fourth, we analyse how suppression conventions can be regulated at global and regional levels in a way that they tackle the deficits. The results of this study can be used as a reference on how a transnational crime can be criminalised under suppression conventions both in terms of its reasonings and options and thus can contribute to the study of transnational criminal law. This study is important for transnational criminal law scholars, policy makers and practitioners in the field of enforcement.

Criminalistics analysis of cyber tools for committing crimes

The article is devoted to the problems of the information and communication technologies which are used as cyber tools for committing crimes. Due to the coronavirus and the widespread lockdown, crimes have also moved to online space. The empirical base of cybercrime is analyzed taking into consideration the latest trends caused by the ongoing pandemic. Mostly this category of crimes is latent and quite difficult to investigate. Especially due to the lack of knowledge in the field of informatics, which is constantly being transformed (changed), by investigators and other participants of the pre-trial investigation. Modern scientific and technical tools are needed to detect, collect and fixed electronic traces of cybercrimes. It should be enhance the technical capabilities of forensic laboratories that specialize in the investigation of cybercrimes related to the use of information technology. But there is a problem because of lack of financial support and needness quite expensive equipment for conducting new computer expertise. This requires significant additional funding, which is not fully provided to the police station by the government. Cybercrime is a transnational crime that has no borders. Criminals from different countries can unite and detect such complicity in a timely manner is quite difficult. So it is necessary international cooperation with FBI, Interpol and other organizations, law-enforcement bodies. During the investigation it should be reconstruct the stages of the hacker's growth and return to his the very beginning, when he was not a such professional, but only gaining experience. The complication of identifying criminals is also that they use traditional tools such as Wi-Fi routers and non-traditional ones such as "boto-farms" which are used as cybertools for committing the crime.

ANALISIS YURIDIS PERJANJIAN EKSTRADISI ANTARA PEMERINTAH REPUBLIK INDONESIA DENGAN PEMERINTAH DIRAJA MALAYSIA (STUDI KASUS: DJOKO SOEGIARTO TJANDRA)

Along with the increasingly rapid development of the times, crime also develops rapidly. In some cases the crime does not only occur within the country, but also occurs at home and abroad, which of course will involve other countries in its implementation. Crimes involving many countries are known as crimes with international dimensions or can also be referred to as transnational crimes. Therefore, in order to overcome this, the extradition mechanism appears as an institution that is expected to be able to prevent and eradicate crimes with an international dimension quickly and effectively. However, the implementation of the extradition mechanism actually raises various polemics and dilemmas, where many of the cases with an international dimension cannot be resolved by the extradition mechanism, so this makes the existence of the extradition mechanism begin to be questioned, namely whether the extradition mechanism is truly capable of dealing with crimes with international dimensions. Therefore, it is necessary to carry out an in-depth analysis and study to find out the causes of the inability of the extradition mechanism to eradicate crimes with an international dimension, so that an evaluation of the extradition mechanism can be carried out so that the fight against crimes with an international dimension will be better in the future.

LEGAL POLITICS OF CORPORATE CRIME IN INDONESIA

A corporation is often followed by violations or even unlawful acts, including violations of criminal law. Corporate crime can also be categorized as an organized transnational crime. At this time corporations as legal subjects can be subject to criminal charges. By accommodating the position of corporations as subjects of general criminal law, corporations can be considered as perpetrators of criminal acts like humans as legal subjects. Unlike before, where the position of the corporation as a subject of criminal law is only accommodated by laws outside the Criminal Code which regulates certain offenses. The regulation outside of the Criminal Code makes the regulation of corporations a subject of criminal law and their criminal liability differs from one regulation to another. With the regulation in the R-KUHP, of course, it will also make uniform regulations regarding corporations as a subject of criminal law, so that there is no difference. However, the regulation of corporations as a subject of criminal law, the current R-KUHP concept is still considered to have shortcomings, because it uses the identification doctrine as the basis for criminal liability

Upaya Pemerintah Indonesia Dalam Menangani Kasus Perdagangan Orang: Studi Kasus Pengantin Pesanan (Mail-Order Brides) Indonesia–China

This article examines the extent to which the Indonesian government has made efforts in handling the Mail-Order Brides (MOB) Indonesia–China as part of trafficking in persons. Indonesia has been a country of origin, transit, and destination for victims over the years, thereby making this topic crucial. This study adopted a qualitative descriptive analysis, whilst data collection techniques were library research and online research. This article found that the Indonesian government had been effective in solving the MOB cases. The efforts, undertaken by the Ministry of Foreign Affairs, the Directorate General of Immigration, and the Chinese Embassy in Jakarta, had contributed significantly to the case study–where nearly 80% of the total cases reported between 2015 and 2019 were successfully resolved. In so doing, the Indonesian government also faced challenges; one of which was the lack of cooperation from the Chinese government– differences in views in the MOB cases. The results of this study include recommendations for public awareness campaigns for MOB, integration of transnational crime subjects in the education curriculum, and so forth. KEYWORDSChina; Indonesia; Mail-Order Brides; Trafficking

Achieving situational awareness of drug cartels with geolocated social media

Using geolocated tweets to achieve situational awareness is an often researched topic in disaster and emergency management. However, little has been done in the area of drug cartels, which, as transnational crime organizations, continue to pose great risk to the stability and safety of our communities. This paper made an initial effort in using geolocated social media (specifically Twitter) to achieve situational awareness of drug cartels through temporal and spatial analysis of derived named entity clusters. The results show that detecting peaks in the time series of frequently occurring entity clusters enabled the tracking of important events in public discourse surrounding drug cartels. Correlations between time series also provided valuable insights into the synchronicity between different events. Further examining the spatial distribution of key events for different countries, we identify thematic hotpots of public discourse on cartel activity. Our methodology also addresses issues of language ambiguity when working with noisy social media data in order to achieve situational awareness on drug cartels.Please check and confirm the city name is correctly identified in affiliations 1 and 2.confirmedPlease check and confirm the corresponding author and mail ID is correctly identified.confirmed

Resources Package Modelling Supporting Border Surveillance Operations

The purpose of this work is to propose a military planning tool capable of providing logistical bases and patrol packages to most effectively support border surveillance. Presently, military patrols are employed along geographical borders to combat transnational crimes; acts such as drug trafficking, smuggling of goods and illegal natural resources exploitation. The patrols make temporary stops within specific time windows at specific places characterised by a high incidence of crime (hotspots). These hotspots have different criticalities within given time windows. To optimise the results, the proposed model allows additional stops in more critical hotspots. It achieves this using a mathematical optimisation model. Considering that there are not adequate logistical-military capacities (logistical bases and patrols) at all needed locations, developing a border surveillance plan that optimises resource use is imperative. The model was run using black hole-based optimisation and a real patrol mission’s database to ensure timely solutions. The solutions were then evaluated in terms of quality (number of bases and patrols, coverage efforts, and travel time) and computational processing time. Next, they were compared with solutions using the traditional method, thereby demonstrating the model’s robustness in providing timely surveillance schemes that ensure high coverage with minimum resources.

CONTRIBUTION OF THE ROLE OF INDONESIAN IMMIGRATION IN PREVENTING AND PROTECTING HUMAN RIGHTS AGAINST NON-PROCEDURAL MIGRANT WORKERS (PMI-NP) FROM TRANSNATIONAL CRIMES

Immigration is a law enforcement agency that functions as a public servant. Therefore, as an institution with authority to protect the traffic of people consisting of foreign nationals and Indonesian citizens, immigration policy has a crucial position in carrying out its duties and functions. However, the position of Immigration as a public servant with a human security aspect results in a consequence that must be taken, namely making a policy that balances service and in-depth supervision. Especially for Indonesian migrant workers who will work abroad. So Immigration is obliged to make various surveillance innovations as a contribution in terms of early detection both in terms of policies, regulations, technology, as well as improving the human resources of immigration officers in supervising migrant workers who are leaving, namely following procedures so that in the future it does not cause new problems in particular. Involved and entered into transnational crime both as victims and even perpetrators. This research is based on the writer's concern about the situation of PMI, considering that the migrant sector is one of the critical aspects in facilitating the country's development following the function of Immigration. This study uses a normative juridical method based on literature study materials and comparisons of policies taken with qualitative data. It is hoped that with this research, policy and technological innovation will contribute both legally and socially to the mitigation of the presence of undocumented migrant workers.

Frontera colombo-ecuatoriana: gobernanza criminal

Criminal governance is a new object on the Colombian security-related investigation agenda. In Colombia, the constant presence of illegal groups affects regions far from urban centers. Based on the foregoing, the State has been supplanted in territorial control affecting binational ethnic communities on the border between Colombia and Ecuador. Empirical evidence shows that since the signing of the peace agreement in 2016, the presence of criminal governments defined by Lessing (2019) as the governance of criminal actors over populations within an economy, ethnic group or territory, has been increasing. The objective of this research proposal is to determine the factors that converge within the new dynamics of transnational organized crime after the FARC. To this end, the tentative question is the following: How is the relationship between regional and extra-regional criminal governments on the Colombian-Ecuadorian border configured with ethnic communities between 2016 and 2019? For methodological purposes, a review of the literature will be made under the conceptual framework of ‘criminal government’ proposed by Benjamin Lessing (2019). Indeed, analyzes of the border have been able to determine that the area is of strategic importance for criminal organizations. These groups are not exclusively dedicated to drug trafficking, but also to human trafficking, extortion, and fuel smuggling, factors by which criminal organizations compete or cooperate for control of the area through legitimacy within the border population.

TRANSMİLLİ CİNAYƏT TÖRƏTMİŞ ŞƏXSLƏRİN AXTARIŞI VƏ MÜHAKİMƏSİNDƏ EKSTRADİSİYANIN ROLU VƏ ƏHƏMİYYƏTİ

One of the most important forms of cooperation used by states in the fight against transnational crime is the extradition of criminals. The extradition of offenders is the restoration of social justice in society, the acquisition of a deserved punishment, regardless of the whereabouts of the perpetrator, as well as the implementation of state functions aimed at the execution of the sentence imposed on him. On the other hand, the main purpose of extradition should not result in human rights violations, nor should it restrict people's right to life, liberty, and a fair trial. These criteria are enshrined in the 2000 UN Convention against Transnational Organized Crime. Key words: transnational crimes, mutual legal assistance, Criminal Code, Criminal Procedure Code, state sovereignty, responsibility of legal entities, international law, international criminal law, criminal jurisdiction

Investigating Electronic Defamation Using The Internet

The study was aimed at identifying the most important methods that help in developing criminal investigation skills to confront cyber-crimes. The study was based on more than one approach. It was based on the inductive method, which is based on the deductive approach. The most important findings were: Electronic evidence has a specific scientific value in referring to the facts it contains, but it is indispensable that it be legitimate, both in terms of existence, to be among the legally accepted evidence as a means of proof.  1. The reasons for the difficulty of detecting cybercrime can be explained by the fact that this crime does not leave any visible external impact that the offender can commit this crime in other countries and continents because cybercrime is a transnational crime. 2. The lack of technical and technical expertise in the police, prosecutors, and the judiciary. This is a major obstacle to proving cybercrime. This type of crime requires training and qualification in information technology, evidence collection, research, and trial in the computer and Internet environment. 3. Cybercrime may be part of traditional crime, in the sense that there is a traditional crime involving an electronic aspect.

МЕЖДУНАРОДНО-ПРАВОВЫЕ ОСНОВЫ БОРЬБЫ С КИБЕРПРЕСТУПЛЕНИЕМ

The article examines the relevance of cybercrime, their types and possible ways of their fulfillment, the peculiarities of cybercrime, as well as the international legal basis for the fight against this evil. Cyberspace crime is one of the most difficult problems that the international community has faced in recent years with the development of information and communication technologies. International coorperation in the fight against cybercrime is carried out in several directions and involves, first of all, the creation of regulations and the development of general recommendations, as well as the implementation of effective models of organizational interaction between states. Key words: cyberspace, cybercrime, international law, transnational crimes, Coucil of Europe, UN, Criminal Code of the Republic of Azerbaijan, criminal policy

ПОНЯТИЕ И ХАРАКТЕРНЫЕ ОСОБЕННОСТИ КИБЕРПРЕСТУПЛЕНИЙ В МЕЖДУНАРОДНОМ ПРАВЕ

The article examines the concept and characteristic features of cybercrime in modern international law, their types and possible ways of their commission. The concepts of cybercrime and cybercriminal are currently used quite widely in connection with what happened in the 21 st centry information and telecommunication breakthrough and became an integral part of all spheres of human life. Cybercrime is cross-border in nature. Therefore, criminals (especially hachers) can commit crimes from a country where such activity is not illegal or there is no legislation on this activity. Key words: cybercrime, international law, transnational crimes, Internet, xenophobia, content, convention

BANTUAN HUKUM TIMBAL BALIK DALAM TINDAK PIDANA NARKOTIKA

<p><em>Ilicit Traffic in Narcotic Drugs is carried out by international networks operating in several countries. Ilicit traffic in narcotic drugs results in huge financial and wealth gains that enable transnational crime organizations to penetrate, pollute and undermine the structure of government, legitimate commercial and financial business, and society at all levels. In dealing with this situation, Indonesia harmonizes the law through mutual legal assistance arrangements. In this study two issues will be discussed namely legal reform through mutual legal assistance and mutual legal assistance in narcotics crimes.</em></p><p><em>Legal reform is a policy carried out by a country to deal with the situation that occurs in the country. The development of transnational crime was responded by the state through a policy of mutual legal assistance as outlined in the Law of the Republic of Indonesia Number 1 of 2006 concerning Reciprocal Assistance in Criminal Matters. Cooperation between countries in the process of law enforcement needs to be done to tackle the crime of trafficking in narcotics. Ilicit traffic in narcotic drugs is carried out by involving several countries. Reciprocal legal assistance in narcotics crimes can be implemented in three ways, namely diplomatic channels, through central authorities and through direct cooperation between law enforcement agencies.</em></p><p><strong>Keywords</strong>: <em>Mutual legal assistance, Ilicit Traffic, Narcotic Drugs</em></p>

Indonesia-South Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Crimes

Globalization which is marked by the development of increasingly sophisticated information and communication technology has led to the development of forms of transnational crime called trans-organized crime. The Indonesia-Korea extradition agreement is a form of cooperation based on the national interests of the two countries in an effort to eradicate international-scale crimes that worry countries in the world. This research is a normative juridical research, which is research which is oriented towards literature study. Data sourced from library materials includes conventions, extradition agreements, laws and regulations, scientific articles and other documents relating to the problem. The results showed that organized crime or trans-organized crime is a result of global developments as an international crime. This crime has the characteristics of white collar crime, strict self-regulating, received support from professionals and often uses coercion, violence or corrupt efforts to gain immunity. The obstacles that occur in the implementation of the Indonesia-Korea extradition agreement are related to the difficulty of obtaining evidence, low knowledge of law enforcement officers, and activities that are highly confidential and professional in nature thus organized crime is difficult to track and reveal. How to Cite this Article Pubmed Style Lynda Asiana, Supanto, Hari Purwadi. Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Crimes. SRP. 2020; 11(5): 823-826. doi:10.31838/srp.2020.5.121 Web Style Lynda Asiana, Supanto, Hari Purwadi. Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Crimes. http://www.sysrevpharm.org/?mno=132403 [Access: March 30, 2021]. doi:10.31838/srp.2020.5.121 AMA (American Medical Association) Style Lynda Asiana, Supanto, Hari Purwadi. Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Crimes. SRP. 2020; 11(5): 823-826. doi:10.31838/srp.2020.5.121 Vancouver/ICMJE Style Lynda Asiana, Supanto, Hari Purwadi. Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Crimes. SRP. (2020), [cited March 30, 2021]; 11(5): 823-826. doi:10.31838/srp.2020.5.121 Harvard Style Lynda Asiana, Supanto, Hari Purwadi (2020) Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Crimes. SRP, 11 (5), 823-826. doi:10.31838/srp.2020.5.121 Turabian Style Lynda Asiana, Supanto, Hari Purwadi. 2020. Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Reviews in Pharmacy, 11 (5), 823-826. doi:10.31838/srp.2020.5.121 Chicago Style Lynda Asiana, Supanto, Hari Purwadi. Indonesia-South Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Crimes. Systematic Reviews in Pharmacy 11 (2020), 823-826. doi:10.31838/srp.2020.5.121 MLA (The Modern Language Association) Style Lynda Asiana, Supanto, Hari Purwadi. Indonesia-South Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Crimes. Systematic Reviews in Pharmacy 11.5 (2020), 823-826. Print. doi:10.31838/srp.2020.5.121 APA (American Psychological Association) Style Lynda Asiana, Supanto, Hari Purwadi (2020) Korea Extradition Agreement as a Form of Cooperation in Efforts to Eradicate International-Scale Reviews in Pharmacy, 11 (5), 823-826. doi:10.31838/srp.2020.5.121

From towers to walls: Trump’s border wall as entrepreneurial performance

The pledge to build a “great”, “beautiful” southern border wall was a cornerstone of Donald J. Trump’s 2016 presidential election campaign. This paper analyzes Trump’s border wall project as an example of performative statecraft, suggesting that the wall works better rhetorically, than as a barrier against unauthorized cross-border movement. Identifying Trump’s performative statecraft as “entrepreneurial”, we argue that his border wall discourse differs from that of earlier presidents in the way Trump meshes the performance of the border wall as a protective device with his own performance as an entrepreneur and developer. Trump’s border wall discourse accentuates his personal skills as an entrepreneur, and makes these skills relevant to his key campaign promises: to “Make America Great Again”, and defend the nation against transnational crime. Despite Trump’s radical reformulation of US asylum policy, enhanced pursuit of unauthorized immigrants, termination of Obama-era programs like Deferred Action for Childhood Arrivals (DACA), and disturbing but short-lived family separation and ‘Zero-Tolerance’ detention scheme, the border security policies of President Trump are not as novel as his promotional campaigns would have us believe. In fact, Trump’s border control strategies have continued many of the measures introduced by earlier presidents. The novelty of the Trump presidency lies in the strong focus on the new US–Mexico border wall, and fervent attention to the physical attributes and instrumental functions of the wall. Much more than a fence, Trump’s proposed border wall is a grand, awe-inspiring monument to national security, and to Trump’s entrepreneurial statecraft. It also works as a visual aide for Trump’s plan to “Make America Great Again”. Border walls stand as testimony to the power of the state, and the determination of those who defend it. Trump’s border wall would be no exception.

Punishment of Criminals of Trafficking in Persons: Legal Perspective on International Guidelines and Indonesian Practices

The background of this study is that penalization is not only oriented towards the perpetrators of crimes of trafficking in persons but also oriented to the interests of victims and the community so that criminal justice aims to integrally protect various interests. The study aims to identify the punishment of criminals of trafficking in persons based on the interests of victims in Indonesian court practices as outlined by some regulations and the international community as outlined by the United Nations Office on Drugs and Crime (UNODC) and United Nations Convention Against Transnational Organized Crime (UNTOC). Considering that the study is a transnational crime, the point of view used in this study is clear to analyse the perspective of the national community and the ‎international community. Hence, the standard ‎measuring instrument used the perspective of international justice and its practical implementation by the Indonesian court. By using the library research method, the results showed that trafficking crimes are considered serious crimes by the international community. In regulating human trafficking, every country has laws regarding trafficking crimes by the applicable legal system. The theoretical contribution of this study is that each human trafficking crime case has different characteristics due to the condition of the perpetrator, the victim, the situation when the trafficking crime was committed. Therefore, as a practical contribution, the Indonesian court considers these factors which can be considered as a weighting or a reduction in sentence. The problem is incriminating and mitigating factors that must be considered in imposing penalties against traffickers. The study offers originality in investigating the factors which are burdensome and mitigate in imposing crimes against traffickers. The findings underline the principle of criminalization as the basis for imposing penalties on perpetrators of trafficking in persons by taking into account the factors of weighting and mitigation of punishment, in which the proportional principle takes precedence in addition to the other principles.

The Capacity of Police Organizations to Prevent Crime with an Emphasis on Interpol and Europol

The spread of organized crime with the advancement of transportation systems and the facilitation of transnational crime using the Internet are among the consequences of the age of communication, which makes it more difficult to deal with crime than in the past. Therefore, mutual cooperation between governments in the field of public security is essential given the current situation. Law enforcement and security officials have come to the conclusion that traditional crime control strategies and repression strategies will not have much of an effect on solving problems, and more than crime control, it must be prevented. This is the basis for the current research. One of the main objectives of this article is to review the cooperation agreements between international police organizations and various countries and the potential for preventive activities. This article is based on descriptive-analytical documents and references, using library resources. The International Criminal Police Organization (Interpol), as the most important international body after the United Nations and the European Union's criminal police, is one of the most influential international organizations in the field of police cooperation. As part of the goals of its charter adopted by the General Assembly of these organizations, these organizations have provided technical training and information and operational support in member countries in order to prevent the occurrence of crime. This goal is achieved by concluding international agreements in which these organizations are required to send troops to member countries, as well as to hold training workshops. Also, the production and dissemination of educational content to communities about the existence of crimes increases public awareness of the types of crimes that exist. The present paper addresses the organizational capacities of Interpol and Europol in crime prevention.

Why are tourist resorts attractive for transnational crime? The case of the Mayan Riviera

Purpose The relationships between tourist resorts and transnational crime are rarely analyzed systematically. This paper begins to fill this gap by examining how organized crime groups and individuals linked to them can take advantage of tourist resorts to commit crimes.