Transnational Crime Research Articles

Application of Universal Jurisdiction Principles to Cross-Country Money Laundering

The fight against transnational crimes, particularly involving cross-border money laundering, requires a shift from a territorial to a universal jurisdiction approach. The aim of this investigation was to explore the practicality of universal jurisdiction principles in combating cross-border money laundering, which eludes effective criminal law mechanisms to arrest and prosecute offenders. Findings revealed that the crime of cross-border money laundering has not been considered one of the delicta juris gentium or international crimes, leading to an increase in the number of perpetrators who enjoyed refuge in various countries. Therefore, a universal jurisdiction approach is necessary to ensure that criminals are not immune to prosecution, and justice is served universally. As a result, every state must fulfill its obligation of arresting and prosecuting offenders wherever they may be found to uphold the law and universal justice. In conclusion, the need for a universal jurisdiction approach is crucial to combat the increasing threat of transnational crimes, particularly in the context of cross-border money laundering.

Infrastructure and authority at the state’s edge: The Border Crossings of the World dataset

The Border Crossings of the World (BCW) dataset explores state authority spatially by collecting information about infrastructure built where highways cross internationally recognized borders. This geolocated information is recorded using high-altitude imagery from 1993 to 2020. We describe how the data were collected, demonstrate the dataset’s utility, and offer advice and best practices regarding use of the data. These data present clear evidence of visible and long-term state investments in authoritative displays of states’ intention to ‘filter’ entry into and exit out of their national jurisdiction. Researchers can use these data to test theories on the causes and consequences of border hardening for security outcomes, border management cooperation, political violence, terrorism, trade and migration flows, transnational crime patterns, and human rights conditions. Because the data are precisely geolocated, they are easy to combine with existing spatial datasets.

Transnational Smuggling of Migrant Workers from International Law Perspective

Migrant worker smuggling is a transnational organized crime that harms countries of origin, transit, and destination countries. The smuggling of migrant workers in Southeast Asia, from Southeast Asia and heading to Southeast Asia is largely due to economic factors that cause the Immigration of workers to more economically advanced countries. Weak regulations and restrictions on border control and law enforcement also exacerbate this. The scope of this research regards international legal provisions related to migrant worker smuggling as an organized transnational crime and the legal obligations of each country, which becomes the object of migrant worker smuggling against smuggling based on an international legal perspective. This type of research uses a case approach and statutory normative legal research. Primary, secondary, and tertiary legal materials were used as legal material, then compiled for analysis to answer legal problems. The results of the research, which are findings related to the legal provisions of migrant worker smuggling as a transnational organized crime, are the United Nations conventions ratified by United Nations members, one of which is the United Nations Convention Against Transnational Organized Crime (UNCATOC). Migrant workers are carrying out cooperation capacity building along the smuggling route to sharpen data to obtain a more accurate picture of the situation at home, in the region, and globally.

Effects of Legislation Overlapping Regarding Transnational Crime

Globalization has a dominant role in the trade of goods/services, people, technologies, and information. The globalization targets are cultural, economic, and political globalization. Unintentionally, problems arise in society, such as transnational rights issues (transnational crime) caused by globalization. The most common transnational crime is sexual exploitation, which occurs in both men and women. Therefore, regarding the handling of TIP in Indonesia, complementary and correlated regulations or legislation are needed to eradicate TIP. Considering that currently, there are regulations that overlap with each other. As happened in the criminal act of trafficking in persons and the law on the protection of Indonesian migrant workers, the two laws should synergize to prevent, handle, and eradicate TIP. Thus, law enforcers can also be maximal in carrying out their duties, especially in taking action against TIP perpetrators.

POTENTIAL TECHNOLOGICAL INTERVENTIONS IN TRANSNATIONAL CRIME FROM THE PERSPECTIVE OF CRIMINAL LAW IN INDONESIA

Any crime can essentially become a transnational crime, as long as it contains foreign elements. Transnational crimes can also occur in all countries around the world. Therefore, transnational crime is a common problem of nations around the world, and one of the mechanisms that can be used to address it is through international conventions and treaties. The era of the fourth industrial revolution is a knowledge-based era, where various alternatives for fulfilling human needs are more knowledge-based. It is an era characterized by massive utilization of digital technology and artificial intelligence in various aspects of human life. The dark side of the fourth industrial revolution era is that the rapid development of science and technology is not only utilized for improving human quality of life and happiness, but also misused to commit crimes. The problem of this research is whether the criminal law in Indonesia is able to solve legal problems related to transnational crimes committed using advanced science and technology.This research is normative juridical research, using secondary data which is then categorized into primary, secondary, and tertiary legal materials, which are then analysed qualitatively. The research approach used is a combination of legal and conceptual approaches.The results of this research are that Indonesian criminal law is only able to enforce criminal law within the jurisdiction of Indonesia. Although assisted by international conventions and treaties, Indonesian criminal law has not been able to enforce the law against transnational criminals who are outside the jurisdiction of any country. Indonesian criminal law can only enforce the law against conventional legal subjects (individuals or corporations), but cannot enforce the law against contemporary legal subjects created by science and technology, such as artificial intelligence, even if such artificial intelligence has clearly committed a criminal act.

Future Challenges of China-Lao Railway on Lao’s Economic and Social Development

This paper tends to examine the impact and challenge of the China-Lao Railway that has been operating since December 2021 on Lao’s economic and social development. As a landlocked country, Lao has been facing difficulties in boosting its economic and human improvement due to the lack of infrastructure and development capacity. However, Lao is also geographically strategic because its position is in the middle of the Indo-China area. It makes Lao eagerly wants to be a land-linked country through the railway that connects China and other countries in the region. Under the project Belt and Road Initiative, Lao, for the first time, has a high-speed railway that links the capital city, Vientiane, and Boten, the China-Lao border, and further connects Kunming, the Chinese provincial capital. After one year of implementation, the positive impact has been felt by Laotians such as the tourism sectors, goods flow, and education sectors. However, land compensation and environmental issue are the negative impacts that Laotians encounter. Lao also might face some challenges to sustaining this railway’s benefits namely a debt trap, transnational crime, and severe corruption.

MODERN TRENDS TO COMBAT AGAINST CYBERCRIME

Cybercrime is an important challenge faced by specialists in international and criminal law, because of the difficulty in determining their nature and elements, and the consequent criminal, civil, or international responsibility, as some states resort to them to have dominance over the armed conflict issue, or to pose political or military threats. The researcher indicated the difficulty to include cyber crimes in the current international legal framework due to their nature and the absence of a formal and final legal declaration agreed on. The researcher recommends the establishment of public-private sectors partnerships, at multi levels to fight cybercrime, as they are transnational crimes.

THE RULE-OF-LAW STATE: MODELING, DEVELOPMENT PROSPECTS

The concept of the rule-of-law state in Russia, analyzed by F.A. Vestov and other authors, remains relevant today. The existence of numerous historical and legal approaches to the category of «rule-of-law state» is impressive. Taking into account the rapid changes in Russia’s foreign and national policy, significant scientific results can be obtained by analyzing the values of the rule-of-law state. This analysis is interesting, in particular, in the area of state counteraction to transnational crimes. The purpose of the research is to identify innovative trajectories for the development of the concept of the rule-of-law state, to develop algorithms for solving some modern problems. The following research methods are applied: observation, comparison, experiment, abstraction. The main conclusions: for a long period of national history, the only methodology of Marxism-Leninism was used to analyze the category of the rule-of-law state. It may be promising to compare the scientific achievements of the past period of history with the results of modern researches carried out using other methodologies. The maximal rejection of the class approach in the analysis of the values of the rule-of-law state can give a serious impetus to the further development of this theory. The inverse phenomena of globalization – anti-globalization that came to Russia after the processes of globalization can also have a significant impact on the interpretation of the concept of the rule-of-law state. This is particularly evident in the analysis of the process of organizing and implementing the fight against transnational crimes. The analysis of this sphere of social relations requires a new look at the concept of the separation of powers in modern Russian reality.

ASEAN POLICIES IN RESPONDING TO MIGRATION PHENOMENA AND PREVENTING TRANSNATIONAL CRIME

Migration and transnational crime are global phenomena that affect this study. The aims of this study are to identify and analyze the policies adopted by ASEAN in dealing with the phenomenon of migration and prevention of transnational crime which is a global problem. This policy has a significant impact on security and stability in the ASEAN region. Through evaluating the effectiveness of their implementation, this study also aims to evaluate the extent to which these policies have been successful in maintaining peace and security in the region. By extending this abstract, this research will investigate the strategy, legal framework, and concrete steps taken by ASEAN to address the challenges of transnational migration and crime. This analysis is expected to provide in-depth insight into the role and impact of ASEAN policies in dealing with this problem, as well as provide recommendations for future policy improvements.

The Information Age: Transnational Organized Crime, Networks, and Illicit Markets

In his landmark trilogy, The Information Age: Economy, Society and Culture,sociologist Manuel Castells argued that networks, information technology, and global economic flows were altering the nature of politics, power, and states. This article examines the network dynamics Castells wrote about in relation to transnational crime and illicit economic markets. The article further explores Castells’s influence on the study of transnational organized crime, illicit networks, and the global illicit economy.

Milestones of international cooperation in preventing and countering illicit drug trafficking

Drug trafficking is considered by contemporary academics to be one of the most widespread forms of organized transnational crime. The unstable regional political situation, corruption, armed conflicts, poverty, and other factors are recognized as contributing to the expansion of this phenomenon. The United Nations has aimed to channel state cooperation in eradicating the drug scourge. Among the most effective tools in this regard are the creation of the United Nations Office on Drugs and Crime and the adoption on 15 November 2000 of the United Nations Convention against Transnational Organized Crime. In this article, we aim to analyze the forms of inter-state cooperation in the prevention and combating of illicit drug trafficking and their impact on the phenomenon under investigation; also, we will analyze the legal nature of drug trafficking as an act that infringes on the interests of the modern international community.

Peran Pos Lintas Batas Negara Motamasin dalam Mengatasi Imigran Ilegal di Wilayah Perbatasan RI-RDTL

Transnational crime is defined as a criminal act or crime that crosses the borders of a country and can threaten the sovereignty of that country. Based on the United Nations Convention on Transnational Organized Crime (UN TOC), illegal immigrants are included in one of the transnational crimes. This study aims to examine the role of the Motamasin PLBN in overcoming the problem of Illegal Immigrants in the border region of the Republic of Indonesia and the Democratic Republic of Timor Leste. In the description, this study uses a qualitative method, and the concept of transnational crime and the concept of the role of the state. PLBN as a border gate was built as an effort to maintain order in border areas so that as a representation of the state in areas bordering other countries, PLBN takes an important role in upholding state sovereignty and improving the welfare of people in border areas. In dealing with Illegal Immigrants, PLBN Motamasin acts as a coordinator and facilitator between immigration and neighboring country cross-border posts to carry out various Immigration Administrative Actions against foreigners who violate the Indonesian Immigration Law.

Indonesia-Malaysia Cooperation against Transnational Crime in Security and Defense Threats at the Border

Indonesia-Malaysia Cooperation against Transnational Crime in Security and Defense Threats at the Border

TOWARD EFFECTIVE OF ASEAN MUTUAL LEGAL ASSISTANCE IN COMBATING NON TRADITIONAL SECURITY THREAT IN SOUTHEAST ASIA REGION

The issue of non traditional security is currently one of the changes in studies in international security. One of the changes is from state security to human security. A form of real threat to human security is transnational crime. Therefore, in dealing with transnational crime, coordination between law enforcers in each country is needed by implementing international law. This article uses the approach of liberalism with a qualitative descriptive research approach (literature study) The research findings explain that the lack of domestic law enforcement in ASEAN countries causes transnational criminals to break away from domestic law and flee to other countries, causing fears of new threats in the country where the refugees are fleeing. In essence, there is no country that is able to stand on its own to resolve this transnational crime case. Therefore, multilateral cooperation between countries is needed. ASEAN, which in this case is a Southeast Asian multilateral institution must regulate strategies through MLA (Mutual Legal Assistance in criminal matters).

The Strategic Role of Indonesian Customs on Monitoring The Carrying of Cash in Relation to Money Laundering

One form of threat to a country in the era of globalization is a non-military threat in the form of transnational organized crime, a threat that clearly harms many parties and threatens the national security of a country. One form of organized transnational crime is money laundering. Money laundering that involves an organization that requires crossing countries to inject funds from the proceeds of its crime. In this condition, the state must pay special attention to monitoring the carrying of cash currency in border areas. The Directorate General of Customs and Excise as the customs agency in Indonesia must be able to contribute to the supervision of the carrying of cash and other payment instruments in order to protect the Indonesian state from the threat of transnational crime that is both citizens and the global economy.

Information security against the threats of transnational organized crime

The article is devoted to the study of information security against the threats of transnational organized crime. Organized crime is a potential and major threat to the national security of our country. The relevance of the research topic is determined by the fact that transnational organized crime is not only a potential, but also a real threat to national security, state sovereignty, and the provision of human and citizen rights and freedoms. Transnational crime is a phenomenon that is not only not limited to the borders of one state, but also affects the global security of humanity.
 Transnational organized crime is a significant problem for the development of Ukraine as a democratic, social and legal state with the irreversibility of Ukraine's European and Euro-Atlantic course. At the same time, the issue of the commission of criminal offenses by organized crime is one of the most complex and problematic both in the theory of criminal law and in judicial and investigative practice.
 Attention is drawn to the fact that since the full-scale invasion of the Russian Federation, the issue of ensuring information security, as a component of national security, has acquired a new meaning, and therefore requires research and resolution.
 The article focuses on issues of legislative consolidation of the concepts «information security», «national security», «transnational organized security». The main provisions of the normative legal acts establishing these concepts were analyzed, as well as threats to national security and problems of organized crime were determined.
 The United Nations Convention against Transnational Organized Crime, November 15, 2000, approved by resolution 55/25 of the General Assembly regarding the consolidation of the concept of «transnational organized crime», «crime of a transnational nature» was analyzed.

KERJA SAMA DIREKTORAT JENDERAL BEA CUKAI (DJBC) DENGAN THE GENERAL ADMINISTRATION OF CHINA CUSTOMS (GACC) DALAM UPAYA MENGATASI PENYELUNDUPAN NARKOBA DI INDONESIA

Illegal drug smuggling is an organized transnational crime which needs to be handled since it has a global scope. Indonesia as a sovereign nation has an obligation to protect its national interest to eradicate any drug smuggling activity into Indonesian territory. Indonesia has been doing various efforts, domestically and internationally, to make this goal a reality. In the international aspect, Indonesia is cooperating with China in the customs field. Indonesian Direktorat Jenderal Bea Cukai and General Administration China Customs cooperate in an effort to eradicate numbers of illegal drugs smuggled to Indonesian soil.The purpose of this research is to describe and provide understanding about forms of international cooperation between Direktorat Jenderal Bea Cukai and General Administration China Customs. Research method used in this research is the qualitative method. This research is descriptive and analytical in nature. Concepts utilized in this research are non-traditional security and international cooperation, specifically transgovernmental networks. The results of this research shows that Direktorat Jenderal Bea Cukai and General Administration China Customs have done several efforts in information, knowledge, and assistance with each other to eradicate illegal drug smuggling as an organized transnational crime.

THE EFFORTS OF THE MARITIME SECURITY AGENCY IN PREVENTING TRANSNATIONAL CRIME AT THE STATE FRONTIER ARE VIEWED FROM THE STRATEGIC POSITION OF THE RIAU ISLANDS

Indonesia is an archipelagic country that has abundant potential marine resources which have the potential to cause exploitation and create vulnerability to transnational crimes. One of them is the Riau Archipelago, the outer archipelago of Indonesia. It is directly adjacent to Singapore and Malaysia, a crossroads for international shipping that makes it a strategic place. Because of this strategic location, security is needed by the authorized institution. In this case, the author intends to analyze BAKAMLA's efforts in securing the waters of the Riau Archipelago. This paper will analyze BAKAMLA's strategy for preventing transnational crimes at national borders in terms of the strategic position of the Riau Archipelago using the theory of threat and national defense. The writing method used is a descriptive qualitative literature study

UPAYA PENANGKAPAN PELAKU TINDAK PIDANA KORUPSI YANG KABUR KE LUAR NEGERI

This research was conducted with the aim of unraveling the efforts that can be made in arresting corruption criminals who fled abroad. Using normative juridical research methods, the author will present a legal study based on positive law in force in Indonesia, which will then be further elaborated in this study. Corruption Crime is a special criminal act which has different arrangements compared to general criminal acts, it is contained in UU No. 31 of 1999 concerning the Eradication of Corruption Crimes as amended by UU No. 20 of 2001 concerning Amendments to UU No. 31 of 1999 concerning the Eradication of Corruption Crimes. In efforts to arrest perpetrators of corruption crimes who flee abroad, it can be done with applicable procedures, namely; extradition treaty contained in Law No. 1 of 1979 on Extradition, and also through the Mutual Legal Assistance agreement contained in Law No. 1 of 2006 on Mutual Legal Assistance in Criminal Matters, UU No. 15 of 2008 on Ratification of the Treaty on Mutual Legal Assistance in Criminal Matters, dan ASEAN Mutual Legal Assistance in Criminal Matters 2004. In the context of corruption crimes, this Extradition Treaty is used as an effort and procedure for arresting perpetrators of corruption crimes who commit corruption crimes outside the territory of the state jurisdiction, And it is also used as an effort to arrest perpetrators of corruption who flee outside the jurisdiction of a country, so that this extradition treaty is an alternative that can be taken by law enforcement officials to arrest perpetrators of corruption crimes. In the context of corruption, Mutual Legal Assistance is an arrangement for cooperation between countries (bilateral and multilateral) in preventing and eradicating transnational crimes, especially corruption crimes.

Analysis of Cross-Border Cash Carrying (CBCC) Threat Countermeasures From A Customs and Strategic Intelligence Perspective

This research departs from the problem of potential losses in Indonesia stemming from the actions of Cross Border Cash Carrying (CBCC). In 2018 it was estimated that there were 12 trillion rupiah suspected of entering Indonesia unreported and suspected to be a criminal practice of money laundering (TPPU) and financing of terrorism activities. To that end, this article aims to provide an overview of how CBCC threat countermeasures from a strategic customs and intelligence perspective. Using a qualitative approach, this article analyzes the problem using descriptive methods. The data sources used are secondary data derived from open sources such as news articles, academic research journals and institutional documents related to the problem under study. The results showed that the CBCC threat in addition to having an impact on economic aspects is also strongly related to the threat of other transnational crimes such as narcotics trafficking and terrorism financing. Therefore, this CBCC threat cannot be underestimated and must get an appropriate approach to overcome it. From a customs and strategic intelligence standpoint, surveillance of CBCC practices requires a wealth of data from multiple points of view to provide comprehensive mapping of the problem. In addition, appropriate intelligence data exchange media is needed so as to enable every surveillance agency, especially the DGCA, to have easy access to any data needed for surveillance and enforcement. In addition, regulatory improvements and strengthening the legal foundation continue to be pursued to support the effectiveness of enforcement in the field.