Transnational Crime Research Articles

Transnational crimes: how nations should cooperate and why they don't*

AbstractChain‐form crime partnerships and intelligence sharing by national authorities to detect cross‐border partners create multiple externalities in the combat against transnational crimes and illicit trafficking. Cooperative enforcements that minimize global harms prioritize the country with lower intelligence production and/or superior detection capability. In equilibrium, as in practice, national enforcements are underbudgeted and might prioritize the wrong side – predominantly the high‐budget, high‐harm country. Governments might not share intelligence out of fear of importing enforcement burden, and harmonizing criminal sanctions alone might not be effective. Shocks on crime deterrence in a target country are first absorbed by source countries, implying weaker horizontal crime transfer effects than projected.

Вплив міграційних процесів на поширення транснаціональної легалізації (відмивання) майна, одержаного злочинним шляхом, у контексті предмету правопорушення

The article is devoted to the issue of studying the impact of modern migration and globalization processes of the economy on the spread of transnational crime in the context of the crime of legalization (laundering) of the proceeds of crime. The article also analyses the subject matter of legalization (laundering) of the proceeds of crime, as well as the most common phases and stages of committing legalization (laundering) with such property as a type of transnational crime. In search of the essential content of the concept of the subject matter of legalization (laundering) of assets obtained by criminal means, the author analyses the proposed approaches to this issue by scholars and court opinions, and as a result, the author proposes to use the collective concept of "property", meaning any assets obtained in whole or in part, and also both directly and indirectly as a result of a crime. The author establishes that the offense of legalization (laundering) of the proceeds of crime is of an international nature, and recently it has acquired the characteristics of a transnational crime. This is facilitated by the unimpeded movement (transfer) of assets of criminal origin to any jurisdiction. Globalization processes, which create conditions for cross-border laundering of criminal proceeds, have a significant impact on the spread and proliferation of money laundering. Key words: migration; globalization; legalization; money laundering; object of crime; transnational money laundering

Peran Imigrasi Indonesia dalam Melawan Kejahatan Transnasional, Penyelundupan Manusia dan Perdagangan Orang

People Smuggling and Trafficking in Persons is a transnational crime that involves many countries trying to work together to eradicate, fight and prevent these crimes. Indonesian Immigration as a government agency that has the function of supervising the movement of traffic in and out of the territory of a country, has a major role in eradicating crimes of people smuggling and trafficking in persons. The strategic geographical condition of Indonesia's territory allows people to be smuggled. There are many factors that influence the occurrence of this incident, one of which is geographical conditions and a high level of poverty and the lack of knowledge of Indonesian citizens related to crimes of trafficking in persons and people smuggling are factors that trigger the occurrence of crimes of human smuggling and trafficking in persons. The high number of perpetrators and victims of People Smuggling and Trafficking in Persons whose victims are Indonesian citizens is a spur and an urgency for Indonesian Immigration to take preventive and repressive measures in eradicating the crime of People Smuggling and Trafficking in Persons. The role of immigration is needed in dealing with this. Law number 6 of 2011 concerning immigration is the legal basis for carrying out the duties and functions of Immigration. One of the functions of immigration, namely supervision, is a major concern in eradicating crimes of People Smuggling and Trafficking in Persons. Supervision is carried out when Indonesian citizens apply for travel documents and supervision at Immigration Checkpoints either at seaports, airports, cross-border posts, or other places as places of entry and exit from the Indonesian Territory which are places where inspections of peop\\tory are carried out. Indonesia, as well as supervision at the borders of the territory of the Republic of Indonesia. Supervision is carried out to ensure that migrants enter and leave Indonesian territory legally through Immigration Checkpoints in accordance with Immigration Law Number. 6 of 2011 concerning Immigration.

A Transnational Crime of Grooming in the Polish Penal Code

A Transnational Crime of Grooming in the Polish Penal Code

Mitigating Developmental Disparities and Regional Instability through Public Policy Landscaping

Since government is the universally-accepted system that is responsible for midwifing the development and progress of nations and governance is mainly delivered through the making and implementation of public policy, it is imperative to develop a strategic policy view of the root-cause(s) of the bad governance that triggers the developmental disparities within and between nations which invariably engender national and regional instability across many corners of the globe. Developmental disparities within and between nations are especially important as the primary causes of national and regional conflicts as well as trans-national migration and sundry trans-national crimes such as human trafficking. In this article, I argue that public policy is so central to governance and pivotal to national development and progress that it must be recognized as the powerful force that can either unite polities around the pursuit of development and progress or leave them deeply-divided and starved of much-needed development. The crux of this argument is that national development and progress are impossible without national unity and regional stability. My second argument is that commitment to the practice of policy-led governance should be considered doubtful unless it can be proven by the prioritization of the institutionalization of Public Policy systems that are designed to, first and foremost, foster national unity and regional stability. The mission of this article is to introduce the novel concept of Public Policy Landscaping as the strategic means of making the governance landscape suitable for the development and deployment of the environmentally-sensitive public policy systems that can be relied upon to unite policy-led entities around the pursuit of national and regional development. Public policy does to the governance what landscape architecture does to natural land and this means that any neglect of public policy landscaping is bound to leave the governance landscape in a poor state that will invariably impede good policymaking and policy implementation.

INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL): HISTORY AND CURRENT TRENDS OF ACTIVITY

The article deals with the historical milestones of the International Criminal Police Organization as well as the current trends in its activity. The main historical prerequisites for the creation, development and functioning of the International Criminal Police Organization (Interpol) are highlighted, including the historical prerequisites for the creation of the National Central Bureau in Ukraine. The role and significance of the International Criminal Police Organization (Interpol) in international cooperation in the fight against general criminality in the context of its legal, technical, and organizational evolution are considered. The main modern trends in the activity and cooperation of the organization are analyzed. The author underlines that Interpol is an intergovernmental organization that facilitates international police cooperation and the main mission of it to promote global police cooperation, prevent and combat international crime, and provide a range of policing services to its member countries. The organization initially focused on facilitating the exchange of criminal intelligence between member countries, but over time, it has expanded its mandate to include a range of activities related to international law enforcement. Currently, Interpol has 195 member countries, making it the world’s largest international organization. One of the key challenges facing Interpol is balancing the needs of its member countries with the need to respect individual rights and privacy. Another important trend in Interpol’s work is the growing focus on cybersecurity and the prevention of cybercrime. It is also analyzed the current structure of Interpol and the role of each structure, the process of the establishment of the National Central Bureau in Ukraine, and the interaction of Interpol with other world organizations. Interpol has been working for almost a century to promote international police cooperation and the fight against transnational crime. With the increasing interconnectedness of the world and the rise of new forms of crime such as cybercrime, Interpol’s role in facilitating cross-border law enforcement cooperation and preventing international crime is expected to become even more significant in the coming years.

Rural cocaine elites and resilient clandestine connections in Peru's high Amazonia

In the ‘global age’, drug trades have become ever more seen as dynamic, flexible and fluid, since transnational crime nodes allegedly use a plethora of routes or pathways through which to move these ‘illegalized’ commodities. Most research on the subject centers around such global metaphors and lesser on the rural source contexts. Countless debates therefore have turned a blind eye to the development of the cocaine trade in Peru's ceja de selva (High Amazonia). Based on research in the Tocache Province, where smaller but also pivotal and more observable actors, groups and networks operated, this study follows the cocaine trade's ‘movements’ in a rural context to understand how these activities became an expression of dynamic formations of order, control and governance. By connecting the changes in these local power structures to the area's shifting associations with cocaine's global commodity chains, it will be shown that rural drug trades, in fact, are both incessantly in motion while simultaneously deep-rooted in specific locations.

Upaya ASEAN dalam Menangani Kejahatan Transnasional Perdagangan Narkoba, Perdagangan Manusia dan Terorisme di Kawasan Asia Tenggara

The pattern of relations between nations and increasingly complex foreign policies have also encouraged the development of transnational crime. These developments require countries around the world to have universally recognized legal instruments based on international practice within the framework of implementing national law and promoting international security to combat and eliminate transnational crime. One legal instrument that is universally recognized is the extradition treaty, which in this case will be studied regarding its form of implementation in the Southeast Asia region. This research uses qualitative methods to explain the implementation of the extradition treaty in dealing with transnational crimes in the Southeast Asia region. The concept of multilateral cooperation is used to analyze this study. The research results show several ASEAN efforts in dealing with transnational crimes such as drug trafficking, human trafficking and terrorism crimes through various multilateral cooperation related to handling these crimes. The author concludes that these various efforts have not been achieved optimally considering that ASEAN has the principle of non-intervention so that regional cooperation regarding transnational crime cannot be fully implemented. The author also sees that economic factors influence whether transnational crime cases are large or not considering that these crimes are committed mostly because of economic factors.

PROSPEK HUKUM PIDANA INTERNASIONAL DAN TANTANGAN POLRI

Changes and developments in the national, regional, and global environment have triggered the rapid development of transnational crime, in this context, the Indonesian National Police (Polri) with the authority to act as state apparatus and law enforcer is the spearhead and front guard of the criminal justice system in eradicating transnational crime. Related to the foregoing, the applicability of International Criminal Law and its application in Indonesia is still an unresolved problem. In connection with the above, in terms of reviewing and analyzing related to the prospects of international criminal law and challenges to the Indonesian National Police, the author use normative juridical research methods using library research. The Juridical-Normative research method is a research method that places legal principles and legal rules as a touchstone to assess whether there was actually a violation or not. So, it can be concluded that there is a need to strengthen and develop international criminal law which is supported by comparative studies and activities in the framework of comparative law or comparative study of international criminal law studies at S1 STIK-PTIK. In the Elucidation of Article 7 of the Human Rights Court Law, it is stated that “the crimes of genocide and crimes against humans in this provision are in accordance with the Rome Statute of the International Criminal Court (Article 6 and Article 7)”. This provision raises the consequence that the legal spirit, interpretation, elements, and application must follow and comply with the provisions contained in the ICC Statute. In the course of the following, several serious human rights violations have been examined and tried based on the Human Rights Court Law with the establishment of an Ad Hoc Human Rights Court, such as the East Timor Post-Ballot case and the Abepura case.

SECURITIZATION OF ILLEGAL IMMIGRANTS ON THE SOUTH BORDER OF THE UNITED STATES BY PRESIDENT DONALD TRUMP: FOREIGN POLICY CHANGES

The United States is a country that implements a free and most open immigration foreign policy in the world as evidenced by the acceptance of hundreds of thousands of regional and international immigrants each year. The government that is given the responsibility to lead the country will give priority to immigration issues to be formulated in foreign policy. In the era of President Donald Trump, the issue of immigrants was focused on solving the problem of illegal immigrants at the Southern border with an America First approach and securitization measures. This research will focus on the factors that became the basis for President Donald Trump's consideration of securitization in order to change United States immigration policies, using the framework of The Politics of Foreign Policy Change, namely the identification of global and domestic conditions with political and economic elements as factors that underlying changes in a country's foreign policy. This study argues that President Trump's securitization actions in the context of changing US immigration policy are based on global political conditions, namely the presence of transnational crimes such as identity fraud, drug smuggling, and criminal acts. Global economic conditions, related to immigrants with low wages undermine the standard minimum wage for American workers. Political domestic factors are related to the fulfillment of President Trump's campaign promise to protect the homeland and people of the United States from the threat of illegal immigrants on the southern border. Domestic economic factors are related to American jobs which are occupied by illegal immigrants by falsifying their identities at companies and impacting the loss of the right to social security for United States citizens.
 
 Keywords: Foreign Policy Changes, Immigration Policy, Securitization.

Transnational Organized Crime and Future Threats in Bangladesh: Comparative Combating Measures

Bangladesh is a South Asian country having become independentrecently and confronting countless crimes, and transnational coordinated crimeis one of them. With the proliferation of criminal associations and theaccessibility of present-day digitalization, the level of transnational danger hasincreased in an alarming way, where just a coordinated and elevated degree ofglobally approved cooperation can resolve the issue. Transnational organizedcrime increases border tensions and danger also. In this paper, I will focus on afew explicit transnational crimes occurring in Bangladesh and how those canbe a future danger to the existence of this country. Border hostility, armsdealing, drug trafficking, and illegal human exploitation have been persistentsecurity dangers to the country. I will likewise concentrate on some combatingmeasures taken by the EU to control transnational organized crimes and acomparative discussion of how Bangladesh ought to step up measures tocontrol such crimes in the future.

Regional Response As Indonesia's Coordination Effort To Maritime Violence In The Malacca Strait

As a maritime nation, Indonesia considers maritime governance important in all maritime areas. This includes not only vessels sailing in Indonesian territorial waters and routes in Indonesian waters, but also Indonesian-flagged vessels sailing abroad and Indonesian crew sailing abroad. The Strait of Malacca is one of the most dangerous sea lanes in the world and a target for transnational crime. Located between the coastal states of Indonesia, Malaysia and Singapore, to the north of the Indonesian island of Sumatra and to the south of Malaysia, the Malacca Strait is 600 miles long and is a major transit corridor connecting the Indian Ocean and the South China Sea. In the maritime violence ecosystem, there are types of maritime crimes consisting of maritime terrorism, maritime armed crime, and other maritime crimes. Cooperation to combat maritime violence in the Malacca Strait can take the form of cooperation between states, cooperation between NGOs, or cooperation between security sector actors, such as border guards and police, with a focus on prevention and protection. There are several coordinated patrols between Indonesia and other countries to combat maritime violence in the Malacca Strait. For example, bilateral cooperation between Malacca Strait littoral states and user states, to establishing a cooperation framework between Indonesia and the International Maritime Organization that focuses on the issue of maritime threats.

Indonesia's Defense Strategy Against Transnational Crimes of the Abu Sayyaf Group in the Sulu Archipelago

Southeast Asia, especially Indonesia, is a region where there are many cases of attacks by armed pirate groups. One of the points is in the Sulu Sea which is included in the territorial waters of the Philippines. The waters of the Sulu Sea are directly adjacent to several areas of Indonesia, namely Kalimantan and Sulawesi, so it is not surprising that terrorist groups from the Philippines carry out acts of piracy/jacking of ships originating from Indonesia. The Abu Sayyaf group, which started its criminal activities in the 1990s, hijacked slow-vehicle loaded ships and took hostage crew members who passed through the area. This paper will be prepared using a qualitative descriptive method. This paper will focus more on explaining and providing an overview of the forms of defense strategy carried out by Indonesia in dealing with the problem of transnational crimes by the Abu Sayyaf group. This research data was obtained based on literature review sourced from previous research in the form of journals, books and other scientific works that are relevant to the topic of discussion. The result of this paper is that the Abu Sayyaf Group threat is asymmetrical, coming from non-state actors facing state actors. The Abu Sayyaf group has an interest in establishing an Islamic state in the Philippines and to maintain the existence of its group, the Abu Sayyaf group takes hostage actions by asking for ransom. In order to deal with these non-military threats, the Indonesian national defense strategy is not only carried out by means of the military, but is carried out by relying on 3 (three) main pillars, namely the use of defense force, international cooperation, and the development of defense forces. In facing the threat of the Abu Sayyaf Group, Indonesia has prioritized the pillars of international cooperation even though there have been options for the development and use of defense forces and also the development of defense forces as a deterrent factor to minimize threats.

TYPE OF LEGAL ASSISTANCE IN CRIMINAL CASES CREATION OF JOINT INVESTIGATION TEAMS − ON THE EXAMPLE OF EU COUNTRIES

Cooperation between EU States in combating crime and preventing transnational crimes in the field of legal assistance in criminal cases is developing from year to year. Within the framework of parallel cooperation, a mechanism related to the creation of joint interrogation groups and the regulation of their activities has already been formed as a means of promoting mutual assistance in criminal cases between EU Member States. However, the early experience of using joint interrogation groups established between the member States of the Union has shown that the direct implementation of such cooperation is fraught with difficulties. In the article, the author reflected on the history and current state of joint interrogation groups in the EU. Legal analysis of accumulated experience in this field. It is the activity of joint investigative groups that is today one of the developing areas of criminal justice as a modern type of cooperation in the implementation of legal assistance

‘Follow the Money’

Given the wide reach of transnational crimes and the illegal flow of money, policing at an international level has become a new frontier for authorities who aim to control these threats. The United States has taken the center stage in this effort ever since the proclamation of the war on drugs and the continuing war on terror by promoting the ‘follow the money’ principle as a fundamental strategy to be adopted worldwide. In this paper, we will focus on US efforts to expand the anti-money laundering agenda and policies to Latin America, mobilizing the policy diffusion approach. By incorporating this thinking tool, we also aim to highlight the United States hegemonic position when establishing agendas and priorities internationally. Therefore, we will trace US official documents describing strategies, practices and policies aimed at promoting anti-money laundering policies in Latin American institutions through coercion, competition, learning and emulation mechanisms. By promoting training events and formulating evaluation mechanisms, the US has stimulated Latin American countries to elaborate their own law enforcement efforts inspired by these same paradigms.

The Legal Dynamics of Aru Fisherman in Improving Catch Welfare and Competition with Vessels from Outside Maluku

The identification of transnational crimes is crucial not only because of the increasing cases of illegal fishing in Indonesia, which involve legal issues from other countries and call for effective law enforcement. concentrate on the welfare of catches produced by local Aru Islands fishermen. The descriptive analysis method is the research methodology used. By using a normative legal approach, data collection strategies use literature studies and documentary studies while the type of research used is qualitative research with primary and secondary data sources. The findings of this study are throughout 2017 until now the government has made efforts as much as possible on the fate of marine and local fishermen in the people of the Aru Islands district, seeing that all policies regarding the regulation of regional maritime boundaries no longer include the authority of the regional government but the duties and responsibilities of the Provincial Government.

Analisis Penerapan Kerjasama Penanganan Terorisme Antara Indonesia Dan United Kingdom dengan Pendekatan Strategi 4 Pilar Kontra Terorisme

Terrorism is a transnational crime that endangers world peace and security. The terrorist danger is imminent in Indonesia and the United Kingdom. One of the efforts to counter terrorism is by establishing international cooperation. The latest counter-terror cooperation carried out by BNPT is with The Homeland Security Mission of the United Kingdom of Great Britain and Northern Ireland. As a new collaboration, more in-depth studies are needed regarding the implementation of this work. Therefore, researchers conducted research related to the Implementation of BNPT RI Counter Terrorism Cooperation with The United Kingdom. The theory used is neoliberal institutional theory and the concept of counter terrorism. The concept of counterterrorism as defined by the United Kingdom CONTEST document in 2018 is utilized in this study to examine the research topic. The concept consists of four strategic pillars namely prevent, protect, prepare and pursue. The researcher’s finding confirmed that the collaboration was conducted in accordance with the agreement. The forms of activities that have been implemented are Joint Working Groups, visits to the Royal College of Defense Studies, Expert Group Meetings on Prevention of the Terrorist Use of the Internet and Joint Overseas Protect and Prepare Representative Meetings. The implementation of partnership to combat terrorism in line with the four pillars of the counter-terrorism framework namely prevent, protect, prepare, and pursue.

Mutual Legal Assistance International Agreement in Eradicating Transnational Crime

Transnational crime can be said to be one of the threats that has quite a big impact on Indonesia's security. So that there are no more obstacles in eradicating transnational crime, cooperation between countries is needed through Mutual Legal Assistance (MLA) agreements. The application of mutual legal assistance is implemented to increase the effectiveness of cooperation in eradicating transnational crimes. The existence of an international Mutual Legal Assistance agreement that functions to carry out cooperation between countries, which includes investigations and examinations at trials until the implementation of court decisions, can complement the enforcement of extradition agreements

Road to ASEAN Political Security Community Vision 2025: Understanding Convergence and Divergence in ASEAN Voting Behaviors in the UNGA

While the ASEAN Political-Security Community (APSC) Blueprint 2025 envisages a centrality of regional architecture in responding to security challenges in the region, divided positions among the member states – mostly visible in the South China Sea dispute – have deepened the pessimism on the fate of APSC. Notwithstanding the persisting intra-ASEAN disunity, the organization has been projecting the goal of ASEAN centrality in the global political arena. The goal highlights ASEAN’s emerging role as the ‘hub’ of regional cooperation in Asia-Pacific hence cohesion is highly expected. This paper aims to examine ASEAN cohesion and how it aligns with the institution’s community-building project. To this aim, it primarily looks at the pattern of divergence and convergence in ASEAN voting behavior across security issues discussed in the UN General Assembly. It also underscores the underlying factors behind the emerging patterns. Using Agreement Index (AI), this paper found that ASEAN member states’ voting highly converges on colonialism, the law of the sea, the Mediterranean region, military expenditures, outer space, peace, and transnational crimes. Alternatively, voting diverges on resolutions related to arms transfer, counterterrorism, and armed conflict. Contributing factors to this pattern include member states' preferences, the identity, value, norms, and cognitive prior of the regional organization, as well as alliance and major powers’ preferences.

TRANSNATIONAL CRIME MAPPING MONEY LAUNDERING CASE STUDY: THE AUTHORITARIAN REGIME OF PM NAJIB RAJAK IN THE 1MDB SCANDAL

The UN estimated US$800 billion to US$2 trillion is laundered every year. But unfortunately, about 90% of this amount remains undetectable to this day. This money laundering activity performs money laundering services on behalf of other people as their core business and is usually carried out in a different country. In this case, of course, money laundering becomes a complex transnational crime. This crime is widespread throughout the world, including in Malaysia. Malaysia is a country with an upper-middle-income economy that is very open to exposure to various threats of money laundering. According to Money Laundering Risk in 2022 data by the Basel Institute of Governance, Malaysia ranks 54th out of 128 countries with a score of 5.33 where a score of 10 indicates the highest risk. Even though Malaysia has the instruments to detect criminal acts, unfortunately, cooperation and political will are still considered lacking, making it difficult to eradicate it. This paper was compiled to identify money laundering in transnational crimes, and also to analyze the model of condition and model of operation in the 1MDB corruption case.