Transnational Crime Research Articles

Информационно-психологическая безопасность и массовая культура в современном глобальном процессе

Today there are many global problems that cause concern for the entire world community. All civilized humanity must be involved in the fight against environmental, social, economic, terrorist, and transnational crimes. In this series, special attention is required to themselves threats, potentially fraught with the danger of violating the national and information security of the state. In the context of globalization and widespread dissemination of information technologies, the need to analyze this problem is extremely urgent. One of the consequences of globalization is the formation and development of mass culture, the consumption of its products. This process cannot be assessed unambiguously, but nevertheless, most researchers focus on the negative consequences of this process, which threatens human spirituality and the «dehumanization» of the culture of mankind. In modern conditions, a serious problem arises of the influence of computerization and the spread of information technologies on the human psyche, on his mental organization. The above issues are analyzed in this article

Defending Core Values: Human Rights and the Extradition of Fugitives

Are states willing to overlook human rights violations to reap the fruits of international cooperation? Existing research suggests that this is often the case: Security, diplomatic, or commercial gains may trump human rights abuse by partners. We argue, however, that criminal-justice cooperation might be obstructed when it undermines core values of individual freedoms and human rights, since the breach of these values exposes the cooperating state to domestic political resistance and backlash. To test our argument, we examine extradition: a critical tool for enforcing criminal laws across borders, but one that potentially threatens the rights of surrendered persons, who could face physical abuse, unfair trial, or excessive punishment by the foreign legal system. We find support for our theoretical expectation through statistical analysis of the surrender of fugitives within the European Union as well as surrenders to the United States: greater respect for human rights correlates with the surrender of fewer persons. A case study of Britain confirms that human-rights concerns may affect the willingness to extradite. Our findings have important implications for debates on the relationship between human rights and foreign policy as well as the fight against transnational crime.

Stakeholders as catalyst to human trafficking: A case study of three selected areas of Gauteng province, South Africa

Transnational crime with its perpetual impact has been substantially explored in research. Stakeholder organisations’ involvement as catalyst towards secondary victimisation of human trafficking vi...

The Global Impact of Exercising Extraterritorial Jurisdiction Over Transnational Corporate Environmental Crimes in Extractive Industries

This article relates to contemporary topic, deals with subsoil use crimes and explores this as a subtype of environmental crimes committed by transnational corporations discussing the importance of choosing proper jurisdiction, and examines crimes in the field of subsoil use as a specific component of environmental crimes committed by transnational corporations involved in resource extraction and mining across the world. Their environmental harm, contribution to poverty and unfair utilization of resources is driven by greed and lure, and has long been heavily protected by legal jurisdictional cover-ups, which are now under scrutiny due to the globally evolving trend of exercising extraterritorial jurisdiction over certain torts committed by extractive industry operators. Appropriate criminological theories and studies of general and green criminology along with environmental justice are reviewed and reflected on. The author refers to unfair correlation of natural wealth and poverty, comes across the Brantinghamian definition of “crime” before turning to Sutherland’s conception of white-collar crime. The article also presents content analysis and case studies of the undergoing litigations, namely the case of Trafigura and Royal Dutch Shell.In concluding notes suggestions are offered for the future of environmental justice and the prevention of environmental crimes in extractive industries and mining.

Conceptual aspects of scientific support for countering modern transnational organized crime of a terrorist nature

The article considers the needs and possibilities of scientific support for countering transnational terrorist crimes; substantiates the relevance, theoretical and practical significance of the designated topic; defines the organizational and legal aspects of scientific support for countering transnational crime; characterizes the international terrorist organization "Islamic state".

Detective Work of the National Police of Ukraine in the Context of Combating Organized Crime

The presented article describes organized crime as a phenomenon that encroaches on the safety of road freight transport and leads to the disappearance of drivers. Researchers who have studied organized crime and current issues that arise during the establishment of missing persons have been identified. The signs of modern transnational crime, which uses transport corridors and truck drivers for their own criminal purposes, are formulated. It is argued that such crimes can be divided into two groups: those that encroach on the safety of the driver, vehicles or cargo, and those related to the involvement of the driver in criminal activities. The structure and features inherent in international criminal groups are described, their activity in the aspect of the given problems is characterized. Emphasis is placed on quarantine measures imposed by a number of countries due to the COVID-19 virus pandemic. It is noted that transnational criminal groups mainly use Ukrainian citizens living in border regions and may be involved in the illicit trafficking of weapons and drugs to commit such crimes. It is pointed out the need for increased attention of operational units to work out the leaders of the above groups using a comprehensive approach to the conduct of investigative actions and operational and investigative measures. The basic rights of operational units during the search for missing persons are outlined. It is emphasized that the time factor is extremely important for the search for persons. These shortcomings in the work of the National Police of Ukraine in this direction and to improve the situation on the roads outlined the main gaps in the legislation. Drivers carrying out long-distance and international freight transportation were interviewed in order to better understand the issues and develop adequate measures. The obtained results are based on statistical data and practical examples. Ways to optimize work in this area are proposed. The purpose of the study: to substantiate the current issues of investigative work of the National Police in the context of combating organized crime and to identify ways to optimize activities in this area. The methodological basis of the article is a dialectical approach to the analysis of situations of disappearance caused by the activities of organized criminal groups. Methods of formal logic are used in the work: analysis, synthesis, induction, deduction, analogy, abstraction. As well as statistical, system-structural methods and forecasting method. The scientific novelty of the article is that the authors were among the first in Ukraine to make a scientific description of the problems of search work in the context of combating organized crime in the field of freight transport. Conclusions. Organized crime encroaches on the safety of freight transport in Ukraine, which leads to the disappearance of drivers and their involvement in criminal activities. Based on the results obtained in the study, the authors proposed ways to solve a number of problems to optimize work in this area

Garuda Indonesia-Rolls Royce Corruption, Transnational Crime, and Eradication Measures

The appointment of Emirsyah Satar, former President Director of PT Garuda Indonesia, and former Director of PT Mugi Rekso Abadi, Soetikno Soearjo who was the beneficial owner of Connaught International Pte. Ltd. as an intermediary for bribery against the Emirsyah in the alleged bribery case of aircraft and aircraft engine procurement from Airbus SAS and Rolls Royce PLC by PT. Garuda. Cross-border corruption carried out by Rolls-Royce is not only corruption committed by a private entity, but the case is also related to efforts to recognize the concept of Foreign Affairs Bribery as a new type of corruption. This research aims to find out the corruption as a transnational crime committed by multinational corporations and how inter-state cooperative actions can prosecute corruption cases. Legal questions raised are: (1) how can the United Nations Convention Against Corruption mechanism be used in exposing the Garuda Indonesia-Rolls Royce corruption case as a transnational crime, and (2) what legal remedies which can be applied to punish corruption committed between Garuda Indonesia-Rolls Royce? This study argues that, as part of transnational crime, of course, Garuda Indonesia and Rolls-Royce's corruption is an extraordinary crime that is not only detrimental to business practices but also the rule of law in Indonesia and other countries involved. Corruption done by Rolls-Royce, which involved Emirsyah Satar as a former director of Garuda Indonesia, has harmed Indonesia. Thus, Jurisdiction of criminal acts of corruption is needed. It should be under the legal system of corruption eradication in Indonesia. There is a need for interpretation because Indonesia is part of the state which ratified UNCAC through Law No. 7 of 2006. Therefore, recognizing the Foreign Affairs Bribery concept as part of a judge's rechtvinding (finding of law) of the Criminal Court that multinational/transnational corporations comply with and respect the rule of law and eradication of corruption in Indonesia. It includes in making lex specialis (law governing a specific subject matter) related to Foreign Affairs Bribery so that similar cases do not occur in the future for Indonesia.
 Keywords: Corruption, Transnational Crime, Garuda Indonesia, Rolls-Royce.

The Role of Technology in Facilitating, Connecting, and Ending CYBERCRIME, Drug Trafficking, and Money Laundering

This research investigates and shows how technology helped to facilitate and to connect three types of trans-national crimes. More specifically,...

Legal Protection for Justice Collaborators in Indonesia’s Criminal Judiciary System

One way to assist law enforces to prevent and combat crime is to involve justice collaborators. Justice collaborators are crucial in assisting law enforcers to expose perpetrators of organized crime as well as transnational crimes. The lack of a legal regime that provides rights to a justice collaborator will impact the interest of a person to become a justice collaborator. Legal protection for justice collaborators must also include protection to his/her family both physically and psychologically. One method of appreciation that can be given to justice collaborators is through the special treatment of criminal offences. One form of special treatment in regards to criminal cases involving justice collaborators within the criminal judiciary may utilize the plea bargaining approach as a method of legal protection towards justice collaborators. To make more efficient the process of determining criminal sanctions to justice collaborators will contribute to the legal certainties owed to justice collaborates as a rightful reward of their contribution in extraordinary crimes. The criminal judicial system that utilized the plea bargaining approach for justice collaborators has the advantage of the absence of criminal examinations.

LAW ENFORCEMENT EFFORTS AGAINST IMMIGRATION CRIMES

the development of information technology, communication and transportation are tendency in terms of increasing relations between nations globally which drives human traffic between countries, giving rise to the complexity of the problems of human mobility between countries. Based on selective policy that upholds the value of human rights, regulated entry of foreigners into the territory of Indonesia, so also for foreigners who obtain a residence permit in the territory of Indonesia must be in accordance with the intent and purpose of being in Indonesia. Immigration crime is basically in addition to its nature as an international and transnational crime and is carried out individually or in an organized manner, it is also very detrimental and endangering to the community so that a severe criminal threat is needed in order to provide a deterrent effect for foreigners who commit violations. forms of supervision of foreigners, namely, supervision of foreigners, field supervision, immigration detention centers, and prevention and deterrence.

TRAFFICKING IN THE PERSPECTIVE OF ISLAMIC LAW AND THE DRAFT CRIMINAL CODE

ABSTARCT Human traffcking is a crime that violates human rights. Especially for women and children that is easy and proftable to be exploited. In this modern era, it is still common crime of human traffcking are where the action is carried out in the form and a new mode increasingly manipulated and structured. Indonesian government itself participated in the eradication of this crime, which has been regulated in article 297 of the Penal Code and updated in the Draft Bill Draft Article 546 of the Criminal Code. This research aims to fnd out the crime of traffcking is in terms of Islamic law perspective and the perspective of the Penal Code Bill. Writing research use descriptive qualitative type of method and a comparatif research-analysis that makes comparisons the crime of traffcking issues in the perspective of Islamic law and the draft Criminal Code. The results of this paper is the legal conformity of the crime of traffcking in the Draft Bill to the Islamic law in the prosecution and combating such crime. In order to become a reference in law enforcement transnational crime, combating and stopping crime is not humane. Keywords: Traffcking, the draft Penal Code, Islamic law

Case Of Disclosure Of Human Smuggling Network By Police In Dumai In The Lens Of Immigration Crackdown

Globalization has an influence on the implementation of relations between countries, between peoples, and between individuals become closer, influenced and dependent so as to create a condition of the borderless world. This is reinforced by the emergence of a crime phenomenon that crosses the borders of a country, known as Transnational Organized Crime. One form of transnational crime that became the main discussion in this journal is Smuggling of Migrants or Human Smuggling conducted in the territory of Indonesia. The cases raised are implementation and handling, especially those that have been implemented by the Police of the Republic of Indonesia in Dumai in 2017 which will be based on the point of view of immigration enforcement.

Travelling to Prüm –euphoria and dysphoria regarding the use of DNA data between and beyond borders

Since 2005 the international cooperation between EU Member states regarding the fight against transnational crime, terrorism and illegal immigration, started to be implemented through the so-called Prum Decisions. In a society increasingly dominated by fear and insecurity, Prum promises to reach the European Dream aided by the expansion of technologies that proclaim certainty. Through the exchange of DNA profiles, fingerprints and vehicle registration data, Prum aims to blur the boundaries of law exchanging data across European countries, although dependent on the application of local rules. This paper is based on 14 interviews conducted with Portuguese Judges during 2017. It takes as a starting point the concept suggested by Sabina Leonelli of a “data journey” trying to understand how the data travels in Prum. It considers the duality between the harmonization of technical procedures with the localities of each EU Member State and identify the frictions that the implementation of Prum entails. In a second part we will try to analyze the data exchange in Portugal and the challenges that this travel poses in the perspective of the Portuguese judges. We argue that the travel in Prum begins with a discourse of euphoria regarding the potential of DNA and the exchange of data. As the journey goes beyond national borders, a dysphoric narrative is perceived, where “we” and “others” emerge, indicative of the mistrust that hangs about this journey, challenges and dangers. Judges’ narratives led us to the discussion of the neutrality of these technoscientific instruments (or their absence) and which, although legitimized by an aura of scientific credibility in its data journey, is not immune to uncertainties and fears.

Crime frames and gender differences in the activation of crime concern and crime responses

Prior work has reported mixed evidence for the gender gap in crime concern and crime responses, yet very few studies have considered the importance of the framing of a crime in explaining this gap. Crime frames are important because they can raise deep levels of concern that activate a criminal justice system response to the crime. This study draws on the literature on problem framing to examine gender differences in crime concern and crime responses in relation to human trafficking. Human trafficking is a type of crime that has raised public alarm in the U.S and is being framed by the government and the media as a crime to which women are at increased risk. Using data from a national probability sample of approximately 2000 Americans, the findings show that beliefs about the causes of human trafficking, specifically gender discrimination and transnational crime, are associated with gender differences in concern and activation of the criminal justice system. These findings can guide future research on gender differences in crime concern and crime responses and call for research and policies that are sensitive to gendered effects of framing on public opinion about crime and criminal justice issues.

ТРАНСНАЦІОНАЛЬНА ОРГАНІЗОВАНА ЗЛОЧИННІСТЬ: РИСИ ТА НАПРЯМИ ПРОТИДІЇ

В статті розглянуто основні риси транснаціональної організованої злочинності, що визначаються широким колом чинників політичного, економічного та соціального характеру, які діють на міжнародному рівні. Надано аналіз характеристик та дефініцій цього явища, визначених у проведених в нашій країні наукових дослідженнях. Проаналізовано чинники, що визначають це явище, у тому числі ті, які пов’язані із процесами глобалізації та сприяють транснаціоналізації злочинності. Виокремлено ключові риси транснаціональних організованих злочинних угруповань, що забезпечують їх виживання та максимізацію злочинних прибутків. Наголошується, що такі угрупування мають складну побудову, ієрархічні моделі, у них чітко виокремлюється управлінське ядро та виконавча периферія. Автор указує, що останнім часом злочинні угруповання, які первинно виникали на фундаменті національної чи етнічної ознаки, об’єднуються, налагоджують взаємні зв’язки та встановлюють певні правила ведення свого злочинного бізнесу, більш-менш прийнятні для різних угруповань. Указується, що корупція в організованій злочинній діяльності розглядається як спосіб досягнення, у першу чергу, ринкових переваг та максимізації прибутку. На підставі проведеного аналізу надано пропозиції щодо удосконалення протидії транснаціональній організованій злочинності. Серед них: 1) активізація роботи правоохоронних органів; 2) адекватність правоохоронних дій реальному стану транснаціональної злочинності; 3) нарощування зусиль у боротьбі з етнічною злочинністю; 4) вдосконалення засобів правової протидії транснаціональній організованій злочинності; 5) подальший розвиток взаємодії правоохоронних органів України із правоохоронними органами зарубіжних країн; 6) вдосконалення системи протидії транснаціональній організованій злочинності та корупції всередині України.

Free Movement of Judgments in Cross-Border Money Laundering Crimes: A Legal Stance toward the ASEAN Legal Integration

Transnational money laundering is a global issue that requires international solutions. This paper examines the concept of Free Movement of Judgments which should be realized in the legal integration process of the ASEAN in order to overcome the negative impacts of money laundering. This research will analyze the regulation for criminalizing money laundering in the ASEAN and compare it with the criminal cooperation in the European Union. The ASEAN Treaty on Mutual Legal Assistance in Criminal Matters (MLAT 2004) is expected to be an alternative to an extradition treaty. If adopting the Free Movement of Judgements, judicial decisions of an ASEAN member country regarding transnational crimes of money laundering would be recognized and implemented in other member’s jurisdiction reciprocally. This adoption is expected to be an effective solution to overcome impunity in cross-border money laundering actors.

Terrorism and Cyberspace: A Phenomenon of Cyber-Terrorism as Transnational Crimes

The advancement of information technology is changing the pattern of radical group propaganda from conventional methods to the ways they use today, namely using the media and cyberspace, or what is also called as cyber-terrorism. The purpose of this study is to discuss the emergence of the currently experienced cyber-terrorism phenomenon. It is normative research through a literature study method by approaching statutes. The results of this study indicate that cyber-terrorism is a part of cybercrime that is qualified as transnational crime which refers to Article 3 of the United Nations Convention against Transnational Organized Crime. Currently, there are several laws/regulations regarding terrorism at the national, regional and international levels. However, these rules do not specifically regulate new developments in acts of terrorism through cyberspace or what is known as cyber-terrorism.

Why geographic information systems in spatiotemporal crime analysis? Attitude of Kenyan police officers

ABSTRACT Security management is becoming complex in today’s society due to increased transnational crimes, which are enhanced by technological advancements. To address this challenge, police agencies need to continuously adopt and effectively apply more innovative decision-support tools in policing. Kenyan police officers are however still using push-pins on paper-maps to analyze crime. The goal of this study was therefore to determine how crime is documented, mapped and analyzed in Kenya, and to assess Kenyan police officers’ attitudes toward adoption of Geographic Information Systems (GIS) in spatiotemporal crime analysis. A descriptive survey targeting 120 police officers was carried out at the Kenya National Police Service (NPS) headquarters in Nairobi. Only 94 subjects (78%) of the targeted sample responded to the study. The study reveals that crime recording by NPS is done on paper-based occurrence books (OBs), statistical analysis is executed on Ms Excel and spatial analysis is performed using paper-maps. Among the respondents, 70% believed GIS technology would be useful in spatiotemporal crime analysis while 57% were uncertain the technology would be easy to use. As such, 64% of the respondents were optimistic that they would be satisfied with GIS technology in spatiotemporal crime analysis. The study therefore concludes that although crime recording and spatial analysis were done manually, Kenyan police officers had an open mind towards adoption of GIS tools in spatiotemporal crime analysis. The study recommends sensitization about and training on GIS applications to Kenyan police officers as well as an evaluation of manual versus computer-based crime analysis tools to assess user-preferences.

Standardization of Integrated State Border Post Development

Border areas both on land and at sea as a border of national sovereignty universally have a very important and strategic role, both for national interests and for relations between countries (international). However, the problem that is cross-border in nature is global, especially facing transnational crime that is far more dangerous than military threats. Therefore, solving the problem across borders is not enough to be handled by the Republic of Indonesia itself, but rather by countries in the world to combat transnational crime. A practical and simple step is the need for an agreement between countries at the border to agree to safeguard and maintain cross-border boundaries safely and orderly. Standardization of Integrated PLBN Development includes technical standardization of PLBN buildings and standardization of Integrated PLBN management. In this activity, work will be carried out on the preparation of Integrated PLBN management standardization, which is standardization of the more popular PLBN work mechanism with the term Standard Operating Procedure (SOP) or Fixed Procedure (Protap) to facilitate PLBN officers in understanding PLBN SOPs and at the same time as a base line for basic improvements Future PLBN SOPs.

Managing Security: Reimagining ASEAN’s Regional Role

ABSTRACTThis article examines the prospects for a reimagining of the regional role of the Association of Southeast Asian Nations (ASEAN) in a period of hegemonic adjustment in Asia. It evaluates the options for ASEAN in a regional space that is being overshadowed by great power influence and rivalry. It considers the prospects for ASEAN to play an effective role, in view of the influence of great powers. The article examines the key drivers, limitations and obstacles to ASEAN’s regionalism. The article offers some comparative considerations with the European Union. A reimagining of regionalism to manage the challenges in the region is required, with a focus on non-traditional security (NTS). Specific challenges that ASEAN might be particularly well positioned to tackle are maritime security, preventive diplomacy and mediation, irregular migration, trafficking in persons, cyber security, counterterrorism, counter violent extremism and transnational crime.