scholarly journals Law Enforcement Response To Human Trafficking According To Law No. 21/2007: Case Study in Benjina, Aru Archipelago Regency

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Ahmad Ali Fikri Pandela ◽  
Anhar Ansyory ◽  
Ulfatmi Ulfatmi
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Organized Crime ◽  
Legal Basis ◽  
Peace Officer ◽  
Comprehensive Study

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.

scholarly journals Government Institution Collaboration In Efforts To Handling Criminal Acts Of Human Trafficking In Indonesia Case Study: Literature Study For The Area Of East Nusa Tenggara Province

2019 ◽  
Vol 1 (2) ◽  
pp. 127-138
Author(s):  
Tunggal Bayu Laksono ◽  
Maidah Purwanti
Keyword(s):  
Human Trafficking ◽  
Organized Crime ◽  
Research Method ◽  
Provincial Government ◽  
Trafficking In Persons ◽  
Literature Study ◽  
State Institutions ◽  
Descriptive Research ◽  
Government Institution

Trafficking in persons is a criminal act of organized crime that occurs internationally. Indonesia, as one of the countries with the fourth largest population, has experienced this crime. One of the provinces that is the center of this biggest crime is East Nusa Tenggara. In this case, the Indonesian government through existing state institutions coordinates to eliminate the crime of trafficking in persons. Immigration as one of the agencies that deals with immigration traffic problems plays a major role in efforts to deal with the Crime of Trafficking in Persons. Coordination between one party and another is carried out by the provincial government of East Nusa Tenggara. However, improving coordination is a key point of success in handling the Crime of Trafficking in Persons. This research was conducted by conducting a literature case study which aims to find out more about the crime in question. This writing is done with a descriptive research method by describing the research results in a case study literature from various literatures used by the author.

scholarly journals Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Rechtsidee ◽  
2021 ◽  
Vol 9 ◽  
Author(s):  
Sekar Langit Jatu Pamungkas ◽  
Kuswardani
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Research Method ◽  
Legal Basis ◽  
Descriptive Research ◽  
Track Record ◽  
Asset Recovery ◽  
Qualitative Descriptive ◽  
The Law ◽  
Research Type

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption. 

A Convention for the Suppression of State Organized Crime

2018 ◽  
Author(s):  
Henri Decoeur
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Legal Basis ◽  
State Party ◽  
International Responsibility ◽  
Extraterritorial Jurisdiction ◽  
Domestic Law

Chapter 6 proposes the adoption and discusses the contents of a universal treaty by which states parties would undertake to criminalize state organized crime specifically, to adopt provisions in their domestic law to allow for more effective law enforcement, and to refrain from participating in or supporting organized criminal activities. The proposed treaty is designed to remedy certain of the limits of the existing law. First, it would provide an appropriate legal basis for prosecuting and punishing individuals involved in state organized crime. Secondly, it creates a broad obligation for states parties to establish both territorial and extraterritorial jurisdiction over the proposed crime, and widens the scope of the obligation aut dedere aut judicare, with a view to pressuring states parties genuinely to initiate proceedings against suspected offenders present in their territory. Thirdly, it opens the door for the international responsibility of a state party involved in organized crime.

scholarly journals Transnational Organized Crime in the Era of Globalization

2020 ◽  
Vol 14 (3) ◽  
pp. 431-440
Author(s):  
Nazim Aliyev ◽  
Andrey Borbat
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Organized Crime ◽  
Statistical Data ◽  
Transnational Crime ◽  
Economic Security ◽  
International Terrorism ◽  
Heterogeneous Structure ◽  
Negative Consequences ◽  
Transnational Organized Crime

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

scholarly journals IMPLEMENTATION OF IMMIGRATION FUNCTIONS AS IMMIGRATION LAW ENFORCEMENT IN THE FRAMEWORK OF NONPROCEDURAL MIGRANT INDONESIAN WORKERS

2019 ◽  
Vol 1 (2) ◽  
pp. 117-126
Author(s):  
Rahma Iria Mayang Anggreini ◽  
Anita Herlina
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Government Agency ◽  
Public Understanding ◽  
Immigration Law ◽  
Legal Service ◽  
Legal Basis ◽  
The Law

Indonesia is one of the largest contributors to migrant workers in ASEAN. The large number of Indonesians who have links to become Indonesian Migrant Workers or PMI have started to cause unrest with the criteria for non-procedural Indonesian migrant worker who work without using valid or incomplete documents. The existence of non-procedural migrant worker poses a greater risk of crimes that can occur to migrant workers, considering that they are non-procedural migrant workers who are not bound and protected by the law that works on Indonesian Migration Workers, namely Law Number. 18 of 2017. Membership is not the broad coverage of this legal basis, coupled with the low level of public understanding of the law, and the consequences of its mistakes and weak law enforcement are the main causes of the circulation of non-procedural migrant workers which eventually become victims of crimes that may occur such as exploitation, abuse, national, persecution, smuggling, and human trafficking to become victims of murder. Immigration as a government agency associated with indonesian migrant worker carries out its function partly as public and legal service. Law enforcement carried out by immigration officials, namely monitoring to providing criminal acts, is a form of law enforcement carried out by immigration to provide protection to PMI and prevent non-procedural PMI sending.

scholarly journals The Phenomenon of Human Trafficking in Indonesia: A Case Study in Kupang, East Nusa Tenggara, Indonesia

2021 ◽  
Vol 4 (2) ◽  
pp. 92-102
Author(s):  
Gerald Theodorus L. Toruan ◽  
Daryono
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Law Enforcement Officers ◽  
Intensive Training ◽  
Study Approach ◽  
The Family ◽  
Law Enforcement Officials ◽  
The Many ◽  
Low Educated

Human trafficking cases are now a serious problem in Indonesia. This problem has reached remote areas. Victims of People Trafficking Crimes (TPPO) come from low-educated and poor families. The beginning of this victim is because an invitation from someone, usually from the family itself persuades the prospective victim to work in the land of people in the hope of earning a large income to change the family life. Most of the TPPO victims are about 15-20 years old and do not finish school, they are tempted by the promise of working abroad. In reality, what is promised is not realized. Kupang is one of the many regions in Indonesia that is the largest TPPO victim sender area in Indonesia. TPPO cannot be eradicated because of the involvement of Law Enforcement Officials in Indonesia, in addition to the lack of understanding of law enforcement officials related to the use of TPPO legislation. This study uses a qualitative method with a case study approach, the location of data collection is in Kupang, East Nusa Tenggara. This study concluded that TPPO law enforcement in the area is still not running to the maximum, some shortcomings occur in the field in addition to the inconsistency among law enforcement officials. As for the recommendations of this study is the need to provide intensive training for Law Enforcement Officers to have a good understanding of TPPO, the head of law enforcement officials must dare to dismantle the mafia practices of people trafficking in their institutions.

The Experience of Taking Control over the Illegal Turnover of the Sturgeon Fishes, Committed by Forms of Organized Crime, Applied Abroad

2016 ◽  
Vol 6 (2) ◽  
pp. 270 ◽  
Author(s):  
Darkhan Amangeldievich AMANGELDIYEV
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Criminal Responsibility ◽  
Local Population ◽  
Legal Basis ◽  
Government Control ◽  
High Demand ◽  
Major Threat ◽  
Illegal Fishing ◽  
Sturgeon Species

The presented article takes a look at the problems of resisting the illegal turnover of the sturgeon fishes, committed by forms of organized crime. At present, when the moratorium on fishing the sturgeon species in the Caspian has been adopted, poaching continues to be the only source of the illegal turnover of the products, made from the sturgeon fishes, and at the same time, it is the major threat to the sturgeon populations, and the poaching takes organized forms. The author considers the causes and circumstances that lead to the emergence of organized forms and committing illegal fishing of the sturgeon fishes in the Ural River and the part of the Caspian that belongs to Kazakhstan, and why the illegal turnover of sturgeon flesh and roe persists. Among the main causes of the illegal turnover and poaching, the author names the unemployment problems of the local population, the high demand on the products made from the sturgeon fishes abroad, the insufficient government control over the issue. The experience of implementing some organizational and law-enforcement measures has been examined, that are applied in different states, in order to prevent the poaching violations, as regards the sturgeon fishes and the illegal turnover of the sturgeon products. As the directions of improving the legal basis, introducing harsher criminal responsibility for poaching is suggested, and a set of organizational measures for putting an end to the illegal turnover of the products from the sturgeon fishes.

scholarly journals It takes two to tango: The state and organized crime in Russia

2016 ◽  
Vol 65 (3) ◽  
pp. 411-426 ◽  
Author(s):  
Svetlana Stephenson
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Social Order ◽  
Secondary Data ◽  
The State ◽  
Gang Members ◽  
Law Enforcement Agencies ◽  
Criminal Networks ◽  
Criminal Gang

The article analyses the evolution of the state–organized crime relationship in Russia during the post-Soviet transition. Using a case study conducted in Tatarstan, which included interviews with criminal gang members and representatives of law enforcement agencies and analysis of secondary data, it argues that instead of a pattern of elimination or subjugation of Russian organized crime by the state, we see a mutually reinforcing ensemble which reproduces the existing social order. While both the strengthening of the state and organized crime actors’ own ambitions led to their increasing integration into political structures, a complex web of interdependencies emerged in which actors from criminal networks and political authorities collaborated using each other’s resources. This fusion and assimilation of members of the governing bureaucracy and members of an aspiring bourgeoisie coming from criminal backgrounds were as much the result of consensus and cooperation as of competition and confrontation.

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