scholarly journals PENGUATAN UPAYA PENEGAKAN HUKUM “KEJAHATAN TERKAIT DENGAN PERIKANAN” MELALUI REGIONAL COOPERATION AGREEMENT AGAINST CRIMES RELATED TO FISHERIES

2020 ◽  
Vol 32 (1) ◽  
pp. 106
Author(s):  
Ayu Mawar Rini
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Regional Cooperation ◽  
Cooperation Agreement ◽  
Transnational Organized Crime ◽  
Practical Solution ◽  
Market Approach ◽  
The Law

AbstractThe research aims to analyse the urgency of the establishment of the Regional Cooperation Agreement Against Crimes Related to Fisheries. Considering the broad and emerging nature of Crimes Related to Fisheries, however, could not be solved accordingly by finding the recognition of IUUF as the form of Transnational Organized Crime. The initiative on establishing such agreement with the regional and market approach is trusted as the first practical solution taken by Indonesia to reduce the existence of Crimes Related to Fisheries, which at the same time strengthening the law enforcement for such crimes within the region. IntisariPenelitian ini bertujuan untuk menganalisa urgensi pembentukan “Perjanjian Kerjasama Regional Melawan Kejahatan Terkait dengan Perikanan”. Sifat “Kejahatan Terkait dengan Perikanan” yang luas serta terus berkembang tidak dapat serta merta diatasi dengan pengategorian IUUF sebagai bentuk dari Transnational Organized Crime. Inisiatif pembentukan perjnajian kerjasama dengan basis pendekatan kawasan dan pendekatan kawasan dipercaya mampu menjadi langkah awal bagi Indonesia serta menguatkan penegakan hukum untuk mengurangi kejahatan terkait di kawasan regional.

scholarly journals Sports Betting-Motivated Corruption in Australia: An Under-Studied Phenomenon

2016 ◽  
Vol 4 (1) ◽  
pp. 61 ◽  
Author(s):  
Reynald Lastra ◽  
Peter Bell ◽  
Christine Bond
Keyword(s):  
Law Enforcement ◽  
Literature Review ◽  
Organized Crime ◽  
Criminal Behavior ◽  
Sports Betting ◽  
Transnational Organized Crime ◽  
Theoretical Perspectives ◽  
Gambling Law ◽  
Organized Crime Groups ◽  
Gambling Culture

With the continual rise of gambling methods there is a need to better understand sports betting-motivated corruption in the Australian context. This literature review highlights seven predominant themes: the Australian gambling culture, betting opportunities available, the threat of sports betting to the integrity of sport, corruption in sport, involvement of transnational organized crime groups in sports corruption, the theoretical perspectives used in sports corruption research, and anti-corruption strategies which are important in the prevention and law enforcement of this criminal behavior. The review identifies significant gaps in existing knowledge surrounding sports betting-motivated corruption, highlighting the need for further research in this area.Keywords: corruption, sports betting, gambling, law enforcement, sports integrity

scholarly journals The Value of International Law in Combating Transnational Organized Crime in the Asia-Pacific

2015 ◽  
Vol 7 (1) ◽  
pp. 39-60 ◽  
Author(s):  
Tom OBOKATA
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Organized Crime ◽  
Technical Assistance ◽  
Mutual Recognition ◽  
Asia Pacific ◽  
Transnational Organized Crime ◽  
Making A Difference ◽  
United Nations Convention ◽  
International Instruments

AbstractThis paper explores the value of international law in combating transnational organized crime in the Asia-Pacific, with particular reference to the United Nations Convention against Transnational Organized Crime. It begins by highlighting the definitions of organized crime under national and international law. It then analyzes the extent to which states in the Asia-Pacific have implemented the Convention, focusing on harmonization of national criminal laws and procedures, mutual recognition of law enforcement decisions and measures, as well as provision of technical assistance. The paper also touches upon the protection of the human rights of victims and perpetrators of organized crime. The main conclusion reached is that, although the implementation of international instruments pertinent to transnational organized crime has not been an easy task in the Asia-Pacific, they are slowly but surely making a difference on the ground. Therefore, their value should not be dismissed completely.

scholarly journals Praktik Illegal Transhipment di Laut Lepas Berdasarkan Hukum Laut Internasional

2019 ◽  
Vol 31 (1) ◽  
pp. 75
Author(s):  
Cindy Vira Yunita
Keyword(s):  
Dispute Resolution ◽  
Organized Crime ◽  
Southeast Asian ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Transnational Organized Crime ◽  
Resolution Process ◽  
Regional Association ◽  
The Law ◽  
Criminal Groups

AbstractIllegal transhipment practice is a serious problem because it is included in the theft mode of fish, which is by transferring the cargo of fish that occurs in the middle of the high seas from one ship to foreign ships without reporting the catch. It categorized as one form of the criteria for Transnational Organized Crime/TOC, includes crimes committed in one country, but involves organized criminal groups from more than one country. This paper will construct how the dispute resolution process must be carried out if it consists of UN procedures, UNCLOS 1982 by "International Tribunals for the Law of the Sea (ITLOS)" and the Association of Southeast Asian Nations (ASEAN) Regional. The type of research used is normative juridical.  IntisariPraktik illegal transhipment merupakan suatu permasalahan yang serius karena termasuk dalam modus pencurian ikan, yaitu melalui pemindahan muatan ikan yang terjadi di tengah laut lepas dari satu kapal ke kapal asing tanpa melaporkan hasil tangkapannya tersebut. Dikategorikan sebagai salah satu bentuk kriteria Transnational Organized Crime/TOC, meliputi kejahatan yang dilakukan di satu negara, akan tetapi melibatkan kelompok kriminal terorganisasi yang berasal lebih dari satu negara. Tulisan ini akan mengonstruksikan bagaimana proses penyelesaian sengketa yang harus dilakukan bilamana terdiri atas prosedur PBB, UNCLOS 1982 oleh “International Tribunal for the Law of the Sea (ITLOS)”, dan Regional Association of Southeast Asian Nations (ASEAN). Jenis penelitian yang digunakan ialah yuridis normatif. 

scholarly journals Application of the Covert Measures with the Focus on Kosovo Legislation

2015 ◽  
Vol 2 (1) ◽  
pp. 68
Author(s):  
Kadri Arifi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
National Security ◽  
Organized Crime ◽  
High Sensitivity ◽  
Law Enforcement Agencies ◽  
Security Services ◽  
The Law ◽  
High Level ◽  
Early Detection And Prevention

The sophisticated forms of the organized crime, the high level of risk, complexity and threatening potential of the terrorism, impose the need (among other measures) for the application of covert investigative measures, among other the interception of telecommunications in order to prevent and combat these threats. Measures and traditional methods used by security institutions and law enforcement agencies do not provide adequate results and this raises the need and necessity for application of covert measures. In particular, the application of covert investigative measures for the security services as a measure, is necessary and essential for early detection and prevention of activities that affect the national security, while for the law enforcement agencies, the covert measures are used as a prevention and investigation measure of serious criminal acts and terrorism, but also as a measure to provide evidence for investigative processes. There is no doubt about the high sensitivity that the application of covert measures has in relation to human rights and freedom, respect and protection of which is the duty of the state and represents not an easy challenge for several reasons. In this regard, the application of covert measures should be limited by the law and their application in accordance with the law is a precondition for respecting human rights and freedom.

scholarly journals The Experience of the International Cooperation in Organized Crime Combating

2020 ◽  
Vol 11 ◽  
pp. 4-8
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Organized Crime ◽  
Practical Importance ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Transnational Organized Crime ◽  
Legal Method ◽  
Russian Law ◽  
Drugs And Crime

Purpose. Explore the experience of international cooperation against organized crime and identify key positions for improving Russia’s interaction with other countries in this area. Methodology: the basic method of the presented scientific research was the comparative legal method, within the framework of which a diachronic and synchronous, normative and functional comparison of the experience of cooperation in the fight against organized crime was carried out. Conclusions. 1. Without international cooperation, success in the fight against organized crime is impossible. 2. The legal basis for international cooperation in the fight against organized crime is the UN Convention against Transnational Organized Crime of November 15, 2000. 3. An important component of international cooperation in this area is the relevant international organizations: a) UN Office on Drugs and Crime; b) Interpol; c) Europol. 4. Proposals for international cooperation in combating organized crime, which are enshrined in the corresponding US Strategy, are of interest. 5. For Russian law enforcement agencies, the overall coordination of their efforts in international cooperation is of great importance. Scientific and practical significance. The conclusions contained in the article are of practical importance for analyzing the effectiveness of international cooperation in the fight against organized crime.

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. 

scholarly journals Cooperation Between Albania and Kosovo and Its Impact in Strengthening the Rule of Law Against Transnational Organized Crime, 2008-2015

2016 ◽  
Vol 6 (1) ◽  
pp. 85 ◽  
Author(s):  
Bajram Ibraj
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Organized Crime ◽  
Security Threats ◽  
Transnational Organized Crime ◽  
The Rule Of Law ◽  
The Republic ◽  
Problem Solvers ◽  
The Eu

Transnational organized criminal activities and local activities have affected both countries, Albania and Kosovo. Meanwhile, transnational crime with transnational and local base Albania-Kosovo, is of interest and influence, therefore, it is suggested that the cooperation between the Republic of Albania and the Republic of Kosovo in this regard be serving in law enforcement institutions in Albania and within law enforcement institutions in Kosovo. Transnational organized crime, terrorism, corruption and money laundering are global security threats and local, regional and international sources of crises. Organized crime knows no nationality, no countries, borders, homeland, race, ethnicity, religion and religious beliefs. That is why it is required cooperation in the fight against transnational organized crime and transnational organized crime to be implemented permanently with the main goal of the strategy implementation, action plans, joint operations between the two countries, Albania and Kosovo. Important role in this association play their respective law enforcement institutions such as the police of the two countries, prosecutions, courts and other institutions. While international cooperation is realized with major international organizations like the UN, the EU, Interpol, Europol, SECI center etc. During the years 2002-2015 between the governments, ministries of internal and Police of the Republic of Albania and the Republic of Kosovo hav signed several agreements, memoranda of understanding and common protocols. Interstate and transnational cooperation through the tabulation and graphs presented and seek to build strategies, institutions, measures, operations and joint actions with preventive, managers and common problem solvers of security and the fight against transnational organized crime. Consolidation of security in Albania and Kosovo, is closely associated with the construction, consolidation and functioning of the rule of law, and the rule of law, reaching freedom and respect for fundamental human rights. Albania-Kosovo cooperation significantly affects the strengthening of the rule of law against transnational organized crime. This cooperation is a necessary precondition for the prevention of conflicts and internal, external and regional crises, in order to achieve security and human rights and freedom.

The Fate of the Western Balkans regional security Subcomplex - the Necessity of regional Cooperation

2020 ◽  
Vol 1 (2) ◽  
pp. 49-64
Author(s):  
Petar Djukić ◽  
Darko Obradović
Keyword(s):  
Federal Republic ◽  
Organized Crime ◽  
Regional Cooperation ◽  
Regional Security ◽  
Western Balkans ◽  
Illegal Migration ◽  
Transnational Organized Crime ◽  
Security Community ◽  
The Past ◽  
Full Picture

We refer to the Western Balkans as a regional security subcomplex that is only part of a wider, European complex. It consists of all the states of the former Socialist Federal Republic of Yugoslavia, except Slovenia, including Albania. It is a region that had a very turbulent past and which is still, in many ways, specific. Relations between the countries of the Western Balkans are determined by unresolved issues from the past, very intense regional security dynamics, as well as projections of the interests of global powers. However, even in such circumstances, regional cooperation is imperative in the fight against terrorism, illegal migration, transnational organized crime, and other serious threats and challenges to regional security and stability. The paper will present the basic geopolitical and security characteristics of the regional security subcomplex Western Balkans. Based on that, we will be able to get a full picture of the necessity of regional cooperation in the Western Balkans in the light of Euro-Atlantic integration and the construction of a kind of security community in the region.

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