OVERVIEW OF TRANSNATIONAL ORGANIZED CRIME

 

 OVERVIEW OF TRANSNATIONAL ORGANIZED CRIME [1]

                                                       By: MJSaptenno

 

A. Introduction

         Talking about crime, it can be said that acts that are contrary to law, religion, morals and customs have been going on for a long time and are as old as humans on this earth.

            The development and modus operandi, or forms of crime, are shaped by the dynamics of society and the technological advances created by humans. Every opportunity is exploited by individuals, groups, and organized organizations, including the state, using any method or means necessary to achieve the goal.

           As long as humans are still enveloped by various desires or passions to satisfy themselves and groups that have the same ideology, whether to gain power, own wealth, destroy, cause trouble, kill other people or other groups, take revenge, and so on, then crime cannot be eliminated.

        Crime can only be eliminated, not completely, in our shared life as a nation or in relations between nations worldwide, because humans still possess evil traits. These evil traits need to be addressed in understanding our existence as human beings and viewing others as individuals with interests and requiring equal and proportional treatment.

         Crime is an interesting and sensitive issue to discuss, s[I]At the same time, crime is part of the reality of human life which has broad dimensions with areas of operation throughout the world.

        Transnational crime takes a wide variety of forms and exhibits complex characteristics. This has arisen as a result of globalization, human migration or movement, the rapid development of information, communication, and transportation technology, and the unstable global economy and politics. www.deplu.go.id )

          Transnational organized crime, driven by those who have a certain ideology, and should be approached with special methods, so that it does not develop and become entrenched in the world order, which is advanced and sophisticated in various fields.         

  Various facilities and technological advances that are available are always utilized to achieve desired goals or targets, even if this means sacrificing certain parties.

 

B. Forms of transnational crime

       Several forms of transnational crime can be stated as follows:

1. According to Law Number 5 of 2009 concerning Rectification  United Nations Convention on Transnational Organized Crime (UN TOC) categories of transnational crimes, namely

a. Money laundering

b. Corruption

c. Human trafficking

d. Smuggling

e. Migrants and production

f. Illegal trade in firearms

The Convention also recognizes that terrorism and drug crimes fall into the category of transnational crimes.

2. According to ASEAN Plan of Action to Combat Transnational Crime (ASEAN PACTC) forms of transnational crime, namely:

a. Illegal drug trafficking

b. Human trafficking

c. Sea Piracy

d. Arms smuggling

e. Money laundering

f. Terrorism

g. International Economic Crime

h. Cyber ​​Crime

The following developments emerged:

a. Theft and smuggling of cultural objects

b. Trade in human organs

        c. Environmental Crime (illegal logging, illegal fishing)

d. Cyber ​​crime

e. Computer related crimes ( www.deplu.gp.id  )

       All forms of transnational crime mentioned above evolve in accordance with the dynamics of the international community and will become increasingly uncontrollable unless strategic measures are taken to prevent or minimize the scope for movement of their pioneers and followers. Changing paradigms or perspectives also requires specific approaches, using elegant, non-frontal methods.

 

C. International efforts to combat transnational crime

       UN Secretary General Ban Ki Moon, said that the threat of transnational crime is increasing over time, but the capabilities of countries are limited. ( www.deplu.go.id )

       It's ironic, indeed, to say that nations struggle to confront organized forces that are sometimes difficult to detect due to sophisticated information technology and so on. Nations often face an enemy undercover because of their ability to deceive and fight through underground networks.

        Here, the involvement of various parties, including the community, is actually needed to always be alert and vigilant against challenges, obstacles, threats and disturbances and to care about national and international security.

        Facing the threat of international crime requires a strong commitment and shared will from all countries and various related components, which have an interest in creating global security, security in certain regions, as well as domestic security in each country.

 International efforts made so far include:

1. Cooperation

2. Partnership and solidarity of dialogue partner countries

The scope of cooperation developed so far is:

                       1. Intelligence information sector for law enforcement purposes

                       2. Joint operations

                       3. Establishment of a Liaison Office

       4. Cooperation assistance for the development of human resources and equipment ( www.deplu.go.id  )

Partnerships and solidarity are consistently implemented by various countries, with the primary goal of eradicating and preventing the spread of transnational crime. While significant progress has been made, there are also numerous obstacles that require collaborative efforts.

Therefore, comprehensive, repressive, and preventative measures must be taken. In law enforcement, for example, it has been shown that harsh punishments do not always deter transnational criminals. Densus 88's actions, which consistently shoot terrorists dead, have not had a significant deterrent effect; instead, they have fueled antipathy and given birth to a new generation that may be more radical. Therefore, it is necessary to find appropriate therapies or alternative solutions that will be effective in combating or eliminating transnational crime.

In the face of rampant corruption cases, where the proceeds of corruption are being smuggled abroad, awareness-raising, prevention, and efforts to recover stolen state funds are essential, not the primary focus being on imposing the harshest possible penalties. What's the point of harsh penalties if state funds continue to be emulated through unlawful means? Precedents need to be created that benefit the state and society, rather than adding to the burden on the state and impoverishing the people due to corruption.

Similarly, the approach that must be taken in other cases of transnational crime is likely to be more relevant than a repressive approach.        

In relation to efforts to combat transnational crime, strategic steps that can be taken include equitable development for the welfare of all people. The principles of justice need to be disseminated comprehensively in all aspects of national life so that they can be felt proportionally by all levels of society. Strive to build global awareness about the protection and respect for human existence and humanity, as well as the enforcement and fulfillment of human rights. Build a just global economic and political order, where large countries do not dominate poor and developing countries.

One issue that requires special attention from the Indonesian nation is national vigilance, which must continue to be fostered. We must not be complacent in the face of every threat of transnational crime. The government does not always have to resort to repressive measures, but in certain circumstances and cases, preventive measures must be prioritized.

Building solidarity not only among fellow countries who are victims of transnational crimes but also seeking to embrace various organizations and individuals who are involved in transnational crimes with certain methods or ways, as part of efforts to build a safe and peaceful world order.

 In every policy and activity, the government and society must remain consistent and consistent in their words and actions. This way, all efforts can minimize or at least combat various transnational crimes. This means that as rulers or governments, words and actions must be aligned, consistent, and consequential. .

 The seeds of crime continue to grow and haunt the life of the nation and state, as well as the international community. Therefore, repressive and comprehensive policies and measures must be implemented, while maintaining the recognition that transnational crime is a common enemy that requires study and alternative solutions.

 

D. Implementation of international conventions related to transnational crimes.

              In relation to the implementation of the international convention on Transnational Crime, it turns out that there are several activities that have provided benefits for domestic security and regional security, for example efforts to prevent and combat piracy at sea, terrorism, money laundering and so on.

                Many aspects of the convention's mandate have not been properly implemented. Therefore, strong political will and commitment from the government are needed to build internal strength and foster better cooperation in the future. All available potential must be fully utilized if the convention is to benefit our shared security interests.

             In Indonesia, what's happening is consistent inconsistency. We're inconsistent in many ways, and when problems arise, everyone seems to take every opportunity to do whatever they can, even if it's rushed, ultimately resulting in less than optimal results. Continuity across all policies is expected to be integrated and bring about significant change.  

                 The implementation of international conventions must be based on awareness and proper principles of application, so that they can become a reference in building a new world order that is just and prosperous without any barriers that separate humans based on certain tribes, ethnicities, religions and races.

 

  E. Several forms of transnational crime that occur in the region

Regions within the Unitary State of the Republic of Indonesia, especially regions that directly border neighboring countries, or regions that have special characteristics, are very vulnerable and have the potential for transnational crimes.

Meluku Province is one of the provinces characterized by an archipelago, with a vast sea area of ​​approximately 96.4% while 3,6% is land area, it can be said to have the potential for transnational crime.

 

          Some forms of transnational crime that occur in the Maluku region include:

a. Illegal Oil

b. Illegal Fishing

c. Illegal Logging

d. Drug Smuggling (Narcotics and Illegal Drugs)

e. Terrorism

f. Trafficking

The Maluku region also has the potential for illegal firearms smuggling from other countries due to its vast seas.

One thing that needs to be studied is the crime of theft of natural resources using high/sophisticated technology, for example sucking up gas and oil, in border areas between countries in certain provinces.

 

F. Closing

These are some of the main points that can be put forward as discussion material, hopefully they are useful.