Zeitschriftenartikel zum Thema „Human smuggling – Prevention“

Transnational crime has great potential in Indonesia, which is a developing country. Transnational crime is not only driven by free trade factors or weak law enforcement in Indonesia, but also by Indonesia's geographical area itself. In the midst of the nation's problems that are happening today are very much and require serious attention, one of the things that is of serious concern is People smuggling or human smuggling. This research is a normative legal research used in an effort to analyze legal materials by referring to legal norms set forth in statutory regulations. The results of the research show about how the criminal act of human smuggling is regulated in positive law in Indonesia and how the criminal responsibility for those who commit human smuggling crimes. From the research results, it can be concluded that the international community, including Indonesia, views people smuggling as a transnational organized crime that can threaten state security. The crime of human smuggling is regulated in the Immigration Law Number 6 of 2011. Criminal Liability for the Crime of People Smuggling is in accordance with Law Number 6 of 2011 Article 120.

The problem of preventing crime against migrants is updated. The urgency of issues related to preventing crimes against migrants as the main factor of criminality prevention in general is substantiated. The relevance of the topic is caused by the fact that in modern conditions, the attitude to migrants in accordance with the norms of international law is equally ambivalent. Migrants are exposed to numerous risks of victimization, and many of them suffer from victimization – sometimes repeatedly, and sometimes even systematically. Such risks of victimization can be classified together with their individual background of emigration and immigration. The two main types of criminal behaviour that is of interest to criminal policy – human trafficking and human smuggling – are addressed in the two Amendment Protocols to the UN Convention against Transnational Organized Crime (Palermo Convention): the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air. In the latter document, migrants are perceived as offenders, not as victims, especially in legal treatment of smuggling. This is justified by the fact that migrants represent a demand for smuggling services, and this demand is considered the main incentive for this branch of organized crime, including transnational one. However, current legal situation – both the international legal framework and the legal provisions applied in the main jurisdictions – does not reflect the victimological reality of migration. The distinction between human trafficking and people smuggling (trafficking) creates a significant gap in the treatment of victims. The same is true of public, political and academic discussions that tend to ignore the reality of migration, which is characterized by the fact that not only victims of trafficking, but migrants in general, are clearly vulnerable and are at multiple risks of victimization. The problem of preventing crime against migrants is that it is hardly possible to justify a politically motivated dividing victims of criminal acts into two groups (trafficking in persons and smuggling of migrants) in order to achieve two different standards of protection, especially in light of the enormous risks of victimization to which all migrants are exposed.

The news about human trafficking especially children in Indonesia is increasing both domestically and across borders. The crime also includes in the form of labor smuggling, immigrant smuggling, slave trade, women and children. One of the most serious and very complex issues is the impact it has on and directly related to the child’s fate. In 2016, the Ministry of Women Empowerment and Child Protection reported, there were 943 victims of human trafficking reported in 65 the media. Separately, the Indonesian Child Protection Commission officially identifies 307 child trafficking victims. It remains unclear whether these two processes lead to an investigation or provision of protection to victims. This research uses normative research method to find out the prevention of child trafficking crime and form of legal renewal about child trafficking. This study states that the prevention of child trafficking victims is by prevention, prosecution to traffickers, and protection measures against victims. In addition, there needs to be a renewal of criminal law which should also focus on the protection of victims of trafficking in persons so as to provide opportunities for victims to gain their rights.

Transnational crime in the territory of Indonesia is increasingly motivated by several pushes and pull factors. First, Indonesia's strategic position makes many people tempted to anchor to Indonesia to make Indonesia a transit country and live and develop. This is worrying because it cannot be denied that foreigners enter a country in an illegal way and cross borders. Second, state borders without immigration documents or other valid documents will create new problems, which of course, can lead to criminal issues. Of course, a policy of equitable borders and controls is the answer to this problem.Another thing that cannot be left out is that establishing a positive law that is firm and binding is the key to the success of this policy. This research study uses normative legal research methods with qualitative data collection juxtaposed with descriptive analysis techniques so that the existing problems regarding transnational crimes, especially human smuggling, can be presented comprehensively and informatively. Outreach to the community as the first informant is one of the keys to community-based surveillance and enforcement management. It is hoped that with the coordination and synergy of problems related to foreign nationals who are the perpetrators of human smuggling crimes, it is expected that it can decrease statistically so that the selective policy principle that is aspired is that only foreigners who provide benefits and have valid documents can enter Indonesian territory and give services to Indonesia's national progress.

Recent findings have indicated that both in-country trafficking (trafficking of individuals from rural areas to relatively affluent towns and cities) and external trafficking (trafficking of individuals from a given country to foreign countries) are prevalent in Ethiopia. In 2012, the government acceded to the Protocol to Suppress and Punish Trafficking in Persons Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime (The UN Trafficking Protocol, here after). With a view to giving effect to the requirements of this instrument, the government passed in to law Proclamation No. 909/2015 (The Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation), which is the most comprehensive of all laws adopted in Ethiopia to deal with human trafficking. Taking in to account the fact that human trafficking is exacerbated by the absence of regulatory framework on the employment of Ethiopian nationals in foreign countries, the govern-ment has also brought in to practice Proclamation No. 923/2016 (Ethiopia’s Overseas Employment Proclamation). This article has examined whether the above-mentioned laws of Ethiopia comply with international standards in dealing with prevention strategies.

The article is dedicated to the study of foreign experience of crime prevention of foreigners and stateless persons with the formulation of scientifically based prospects for its implementation in Ukraine. The relevance of the selected issues is explained by the following circumstances: firstly, in the conditions of the ongoing war, a significant part of the population of Ukraine was forced to emigrate abroad and can potentially become either subjects or victims of criminal offenses; secondly, international cooperation in the most dangerous types of criminality is increasing, in particular: smuggling, illegal trafficking of weapons, drugs, human trafficking (including involvement in prostitution), theft of cultural and historical values, etc.; thirdly, the identities of criminals (criminal offenders) – foreigners and stateless persons – have not been fully studied, especially their criminogenic behaviour in the conditions of modern national and world realities. It is emphasized that crime prevention of foreigners and stateless persons in Ukraine is impossible without a study of the positive experience of law enforcement agencies functioning in foreign countries, which assign a priority role in their activities to the prevention of criminal offenses in a certain area. The conducted research on the study of the experience of developed foreign countries in the field of crime prevention of foreigners and stateless persons provides grounds for determining the following forms of its implementation to preventive activities in Ukraine: 1) use of the experience of the USA and European countries in the preparation of conceptual legal acts in the field of crime prevention of foreigners and stateless persons; 2) use by law enforcement structures (in particular, the police) and non-state structures of civil society of positive foreign practices of crime prevention by foreigners and stateless persons; 3) use of opportunities for international cooperation in the field of combating criminality of foreigners and stateless persons, as well as preventing the commission of criminal offenses against these categories of persons who are on the territory of Ukraine. Key words: war, martial law, criminal offense, identity of a criminal (criminal offender), victim of a criminal offense, victimhood, determinants, forced migration, foreigners, stateless persons, criminality, smuggling, illegal weapon trafficking, illegal drug trafficking, prevention measures, subjects of prevention, law enforcement agencies, foreign experience, international cooperation, criminal proceedings, investigation, procedural actions.

This article is aimed at providing a solid empirical basis which can inspire the development of more informed strategies in the field of prevention of undocumented forms of migration across the Mediterranean. Besides, more traditional forms of human smuggling and trafficking, a new phenomenon has emerged especially along the Central Mediterranean route, i.e. trafficking in itinere, which affects people who had originally sought irregular travel services but then ended up in being kidnapped, tortured and kept in detention centres during their migratory path. Therefore, their irregular journey to Europe becomes the only way to survive. The methodology adopted draws from in-depth interviews with experts in Italy – especially prosecutors, law enforcements officers, representatives of NGOs and journalists -, the analysis of institutional reports and sources, as well as biographical accounts provided by migrants. The analysis critically addresses the countereffects produced by the hardening of borders and militarisation of sea routes in the Mediterranean area especially in terms of enhancement of the smuggling industry, increased human rights violations and clandestinization of migrants whose experiences and knowledge are too often underrepresented or misrepresented in the public debate. This results in a negative impact on migration policy-making and on the adoption of more effective measures aimed at addressing the governance of borders and the reception system in the EU. In conclusion, some recommendations are made, which call for a reconsideration of the distinction between economic and political migrants, an enhancement of the right to migrate which can guarantee safer forms of mobility toward the EU, a serious reconsideration of the politics of externalization of European borders with its extremely severe costs in terms of human rights, and a stronger valorisation of migrants’ actual needs, expectations and projects in the design of more effective policies aimed at improving the overall EU reception system.

Indonesian strategic archipelago allows rapid migration of goods and services to its neighbor countries. Along with goods and services, the wide coastal area also facilitates migrant worker to enter and exit Indonesia through several ports. First and foremost interference on the borderless coastal boundary is Illegal, Unreported and Unregulated (IUU) Fishing. The IUU foreign fishing vessels frequently transporting illegal migrant worker obtained through human trafficking, people smuggling, forced labor, child exploitation, torture, and discrimination. This practices can then be categorized as one of the transnational organized crime at sea. This paper focuses on the studies of notorious cases of human trafficking on IUU Fishing. This journal will also observe the lack of prevention measure of transnational crime on UNCLOS and utilization of bilateral and multilateral treaties on IUU Fishing.

The police have the responsibility to balance public protection from harm by respecting the human rights of suspects during prevention and investigation. However, it is difficult to achieve absolute balance because it is determined based on the police because the process or model of crime control, especially in the case of special investigative techniques, is a confidential investigation of serious crimes based on the principles of legality, necessity, proportionality, and adequate protection. The purpose of the doctrinal article evaluates the role of special crime investigation techniques for human trafficking in Ethiopia. Data is collected through document review and interviews with crime investigators, intentionally and in direct contact. Qualitative research and descriptive design. The collected data is analyzed thematically. Research findings that there are some special investigative technical provisions in FDRE criminal justice policies, human trafficking and smuggling of migrant proclamations. However, this legal basis is not as comprehensive as specific types of investigation techniques, who did it and for how long, the requirements for doing this were not answered. Therefore, the House of Representatives must make a law covering all specific investigative techniques for human trafficking in Ethiopia. The Attorney General must also create public awareness about it.

The police have the responsibility to balance public protection from harm by respecting the human rights of suspects during prevention and investigation. However, it is difficult to achieve absolute balance because it is determined based on the police because the process or model of crime control, especially in the case of special investigative techniques, is a confidential investigation of serious crimes based on the principles of legality, necessity, proportionality, and adequate protection. The purpose of the doctrinal article evaluates the role of special crime investigation techniques for human trafficking in Ethiopia. Data is collected through document review and interviews with crime investigators, intentionally and in direct contact. Qualitative research and descriptive design. The collected data is analyzed thematically. Research findings that there are some special investigative technical provisions in FDRE criminal justice policies, human trafficking and smuggling of migrant proclamations. However, this legal basis is not as comprehensive as specific types of investigation techniques, who did it and for how long, the requirements for doing this were not answered. Therefore, the House of Representatives must make a law covering all specific investigative techniques for human trafficking in Ethiopia. The Attorney General must also create public awareness about it.

Indonesia is one of the countries with abundant natural resources, this can be seen from the abundant human resources that are able to improve the management of existing natural resources. This is also emphasized in Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (UUD RI 1945). A different fact is faced by small communities in the border area between Nusa Tenggara Timur Indonesia and Timor Leste. The problem is that the small communities there are not unable to enjoy subsidy relief due to wrong targets but because of smuggling carried out to neighboring countries. In several criminal cases that occurred in the border area between East Nusa Tenggara and Timor Leste, one of them was the Indonesian National Armed Forces (Satgas Pamtas) RI-RDTL East Sector Border Security Task Force, Yonif Raider 408 / Sbh, thwarted the smuggling of thousands of liters of fuel oil. (BBM) in the RI-RDTL border area.There have been many efforts made by the government to improve the welfare of its citizens by utilizing existing natural resources, especially in the oil and gas sector, one of which is in terms of access to energy consumption through fuel oil (BBM) subsidies which are still being debated. Some are of the view that state assistance must be maintained, but on the other hand, they still think that fuel subsidies are still not on target. A different fact is faced by small communities in the border area between Nusa Tenggara Timur Indonesia and Timor Leste. In addition, at the opening of the International Convention on Indonesian Upstream Oil and Gas 2020, which was organized by SKK Migas, the Government also supported the improvement of the investment climate in Indonesia's upstream oil and natural gas (oil and gas) sector, amid a decline in national oil and gas production and sluggish movement of strategic industries due to the the Covid-19 pandemic.

Indonesia is one of the countries with abundant natural resources, this can be seen from the abundant human resources that are able to improve the management of existing natural resources. This is also emphasized in Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (UUD RI 1945). A different fact is faced by small communities in the border area between Nusa Tenggara Timur Indonesia and Timor Leste. The problem is that the small communities there are not unable to enjoy subsidy relief due to wrong targets but because of smuggling carried out to neighboring countries. In several criminal cases that occurred in the border area between East Nusa Tenggara and Timor Leste, one of them was the Indonesian National Armed Forces (Satgas Pamtas) RI-RDTL East Sector Border Security Task Force, Yonif Raider 408 / Sbh, thwarted the smuggling of thousands of liters of fuel oil. (BBM) in the RI-RDTL border area.There have been many efforts made by the government to improve the welfare of its citizens by utilizing existing natural resources, especially in the oil and gas sector, one of which is in terms of access to energy consumption through fuel oil (BBM) subsidies which are still being debated. Some are of the view that state assistance must be maintained, but on the other hand, they still think that fuel subsidies are still not on target. A different fact is faced by small communities in the border area between Nusa Tenggara Timur Indonesia and Timor Leste. In addition, at the opening of the International Convention on Indonesian Upstream Oil and Gas 2020, which was organized by SKK Migas, the Government also supported the improvement of the investment climate in Indonesia's upstream oil and natural gas (oil and gas) sector, amid a decline in national oil and gas production and sluggish movement of strategic industries due to the the Covid-19 pandemi.

This theoretical review paper examines the trafficking of women and children in Nepal caused by oppression and socio-economic marginalization and unpacks human trafficking from neoliberal and neoconservative paradigms. It does not discuss human smuggling but instead provides a critical examination of the forces contributing to human trafficking in Nepal according to the neoliberal and neoconservative paradigms. It begins with a brief overview of human trafficking in Nepal and then explores the international frameworks related to human trafficking. It then briefly examines the “4 P” strategy – prevention, protection, prosecution and partnerships – related to anti-human trafficking efforts and identifies gaps in practice/policies. It concludes with a critical discussion of the implications for social work. The paper also stresses that anti-trafficking intervention programs and approaches must be accountable and responsive to the aspirations, strengths, wisdom and experiences of the specific community and be sensitive to the external and internal forces contributing to the trafficking they seek counter. It claims that there is a need for participatory action research that invites trafficking survivors to engage in critical dialogue and conversation and help develop integrative strategies to address human trafficking in Nepal. To write this paper, the author critically reviewed secondary data, including qualitative and quantitative studies and NGO publications, but does not claim to provide a comprehensive or systematic analysis of evidence.

Purpose of the study: The police have the responsibility of balancing the protection of the public from harm with respecting the human right of the suspect during the prevention and investigation of crimes. However; it is difficult to strike absolute balances since it is determined based on government police is due process or crime control model especially the case of special investigation techniques, which are the covert means of investigation of serious crime and criminals based on the principles of legality, necessity, proportionality, and adequate safeguard. The purpose of this doctrinal article is to evaluate the role of special crime investigation techniques for drug trafficking in Ethiopia. Methodology: Data were collected through document review and interview crime investigators, who were selected purposively since they have a direct relation. This is qualitative research and descriptive design. The collected data were analyzed thematically. Findings: The findings of this research revealed that there are some provisions of special investigation techniques in FDRE criminal justice policy, anti-human trafficking, and smuggling of migrant proclamation. However, these legal bases are not comprehensive such as the types of special investigation techniques, who conduct it, and how long the requirements to conduct these were not answered. Application: Therefore, the house of people representative should enact all-inclusive law on special investigation techniques for human trafficking in Ethiopia. The general attorney also should create awareness to the public about it. Novelty: Human trafficking investigation is challenging ous in Ethiopia, and nobody studied it. Therefore, this study may use as reference material for students’; the government may use it as input for policy and lawmakers.

From past to present, global compressions on human and environmental systems are more likely to increase than ever before in human history. With the science and technology advancement, we are living in the age of the global village that enables more convenient and brings us closer together. However, this also means that human being is suffering from global environmental crisis including the threat of war, economic crises, racial conflicts, environmental degradation, and environmental crime. This paper represents library-based work to date in Buddhist contemporary and useful perspectives and strategies on environmental protection and prevention in the backdrop of growing consumerism and capitalism influenced by western cultural in post-globalization era. Comparing to other countries, Thailand faces various environmental problems and some of them could become to environmental crime such as illegal wildlife trade; smuggling ozone-depleting substances; illicit trade in hazardous waste and pollution; illegal mining; illegal, unregulated and unreported fishing; illegal logging and associated trade in stolen timber. Since Thailand is one of largely Buddhist practical countries, measures to conserve the environment can draw on the principles and precepts of Lord Buddha’s teachings, known as Tripitaka. In Lord Buddha’s lifetime, environmental problems were not salient, but surprisingly, Lord Buddha recognised such problems because they are related to natural law. Accordingly, he established disciplinary rules for monks to live as models of not destroying the environment. The five precepts of Buddhism are the examples of the main principals in Buddhism which is regulations regarding the relation with environmental crime protection and humanity.

The national sal forest, includes the Modhupur Reserve forest, which takes up 76% of the total space. Along with a variety of tree species, this forest is rich in biodiversity. This forest is also threatened by forest crime since it has attracted the attention of grabbers. The scope of forest crime in the Modhupur Reserve Forest was examined in this study. Other objectives include understanding the causes and consequences of forest crime on the ecosystem and humans, as well as the role of law enforcement in forest crime prevention. The study adopted a quantitative methodology and collected data using a non-probability purposive sampling technique. A total of 150 people between the ages of 18 and 83 were collected from the Modhupur Reserve Forest in Tangail. The study' main findings include the smuggling of Sal, Gujjar, and Acacia, deforestation and squatting on forestland, as well as the trafficking of endangered and rare animals and flora. The primary factors that substantially contribute to the growth of forest crime include corruption and dishonesty among forest employees, security personnel, authorities, and even locals. The presence of forest crime jeopardizes both human and natural equilibrium. Acute environmental problems and livestock survival have a significant association. Water scarcity, air pollution, and an increase in natural calamities are just a few of the severe environmental issues that Modhupur people are currently dealing with. Additionally, police involvement is insufficient to eliminate forest crime.

<p>The harm reduction program is a program that aims to assist inmates who use syringes (IDU's) in overcoming dependence on narcotics medically and to prevent the adverse effects caused by narcotics abuse. Where in general the use of heroin is done by injecting using a syringe alternately, or known as "For Wet" This can cause a new problem that is greater that the outbreak of the HIV/AIDS virus. Most prisoners use injecting narcotics before entering prison and have been infected with the HIV virus, so the risk of transmitting HIV/AIDS to other prisoners is very high. The tendency of the number of relapses (reuse) by prisoners who are in the period of coaching is quite high despite the efforts of strict supervision in the security sector, but in fact in several prisons/detention there is narcotics smuggling in various modes. For this reason, the Indonesian Ministry of Law and Human Rights through the Directorate General of Corrections organizes the P4GN program (Prevention of Eradication of Narcotics Abuse and Circulation) in prisons and detention environments by promoting the principle of "Total Abstinence" meaning that no use of any type of narcotics during coaching in prisons and prisons. But for the type of metadone, which is a type II narcotics can be tolerated because it is used for the purpose of treatment/healing of narcotics dependence and is also a government program implemented by the Ministry of Health as the leading sector.</p>

Transborder crimes are criminal activities that transverse borders of two or more countries. Notable crimes that flourish across Nigerian’s borders are illicit drug trafficking, Terrorism, proliferation of small arms and light weapons ( SALWs), Human trafficking, internet fraud, oil theft, smuggling of goods among others. All these activities have precipitated security and economic complications across West Africa sub region. The 2022 Global peace Index ranked Nigeria 143 among 163 independent Nations and Territories according to the level of peacefulness while Cato Institute a Washington DC based public policy research organization rated Nigeria as the most unsafe place on earth after Iraq. This phenomenal rise of criminal ratings of Nigeria had attracted local and international attentions of scholars, policy makers and governments. Thus, this study investigates Transborders crimes in Nigeria using qualitative research methodology by reviewing the existing literature and conducting in-depth interviews of 85 informants selected randomly from government establishments and among stakeholders in Nigeria. The study relied on rational choice theory and behavioural theory as theoretical frameworks. The study revealed that Transborder crimes thrive across the West African nations because of many factors which include but not limited to the implementation of ECOWAS protocol on free movement of persons and goods, porous borders, youth unemployment, poverty, poorly trained and ill-equipped security personnel, corruption, poor inter-agency coordination and collaboration. The study concluded that despite various measures by the Nigerian government and International organizations like ECOWAS, UNO, AU to checkmate the scourge, the desired results have not been achieved. The study therefore recommended effective border monitoring and management, job creation, community policing initiative, increased military actions and surveillance, among others as panacea to Transborder crimes detection, reduction and prevention.

It has been for several decades now that criminological literature has addressed the issue of crime prevention in societies. Helena Kołakowska-Przełomiec argued in 1984: “While trying to formulate a definition of crime prevention, on no account should we disregard the fact that a criminal offence may be committed only by an individual who lives in a certain specific setting, in a society. Crime prevention can therefore be associated with the conditions of the external world in which a person lives, the constraints of social interactions, interpersonal relations, as well as with the person’s own identity, selfdevelopment, lifetime experience, attitudes, aspirations, and the scope of individual activities. Accordingly, crime prevention may be associated with all that effectively makes up the fabric of an outside world in which the person lives, with the overall diversity of human activity, groups of people, and individuals. Indeed, such activity may be closely linked to crime prevention, or only indirectly related to it, or it may also be very far removed from crime prevention. Crime prevention may also exist objectively, without any human activity linked to it whatsoever (e.g. in a mountainous area devoid of roads it is effectively impossible to commit traffic offences).” The author formulated the following definition: “crime prevention is construed as any and all actions which might lead, be that directly or indirectly, to inhibiting the incidence of criminality at large, of criminal offences, and the development of criminal phenomena all over the world.” Ten years later, another definition of crime prevention was proposed by Janina Czapska: “crime prevention should to be construed as all measures aimed at reducing the overall crime incidence and load, either by limiting the circumstances conducive to committing criminal offences, or by exerting an impact on a potential perpetrator, as well as on all members of a society.” In a document of 2002 promulgated by the UN Economic and Social Council, crime prevention is construed as a set of policies and measures that “seek to reduce the risk of crimes occurring, and their potential harmful effects on individuals and society, including the fear of crime.” Modern Europe is a world of people who keep migrating, moving between countries. The presence of foreign nationals (i.e. those who are not the nationals of a particular country) in each of the EU Member States is a natural phenomenon, as they are the EU citizens and the third-country nationals. Criminal offences committed by foreign nationals are also natural enough, from random offences to fully premeditated ones, from minor offences to serious crimes, from common offences to criminal offences specific to foreign nationals in a particular country and during a specific period, committed under certain social, economic and political conditions. In Poland, police crime statistics have taken due note of foreign nationals as suspects since 1984. The proportion of foreign nationals to suspects in total in the period spanning 1984–1988 ranged from 0.1% to 0.5%. This proportion increased throughout the 1990s, from 0.8 in 1991 to 1.8% in 1996, and then to 2.02% in 1997. A decrease in this proportion was noted – 1.6% in 1998, 1.3% in 2000, 0.67% in 2004, and 0.43% in 2012. Foreign nationals suspected of committing criminal offences in Poland in the first decade of the 21st century come from 61 countries. 30% of them are EU citizens. The most numerous are citizens of Germany, Lithuania, Romania, Bulgaria and the Czech Republic. Foreign nationals from non-EU countries constitute 70% of all foreign national suspects, among which the most numerous come from the neighbouring countries: Ukraine, Belarus, the Russian Federation and Armenia. In short, foreign nationals suspected of committing criminal offences in Poland originate from the neighbouring countries: Ukraine, Belarus, Germany, Lithuania, and Russia. The overall picture of criminal offences committed by foreign nationals in Poland in the first decade of the 21st century is as follows: a negligible share of foreign suspects in the human crime category, a high proportion in the specific offences category, i.e. driving while under the influence of alcohol or drugs, whereupon, in the absence of a natural person victim, the only ‘aggrieved’ party is public order, i.e. road traffic safety. The high share of foreign suspects in the offences against the credibility of documents means that foreign nationals who hold residence in Poland, or who enter Poland, make use of forged IDs or travel documents. The overall picture that emerges from the police crime statistics still needs to be supplemented by such rare events as terrorist crime, crime committed in organized groups, or hard to detect crimes, e.g. illegal cigarette or illicit drug manufacturing. In line with the definitions cited above, with regard to each particular type of criminal offence committed by foreign nationals, an appropriate strategy needs to be determined. In each individual case and for each type of crime a separate listing of crime risk factors should be compiled. Smuggling (duly registered by the Customs Service) seems one of the ‘favourite’ types of a criminal offence committed by foreign nationals in Poland (even though Polish nationals also perpetrate this kind of crime). Smuggling takes place both at border crossings and elsewhere, along usually rather desolate, woodland areas straddling a state border, not subject to heavy patrolling by border guard troops. Moving contraband across the border stands to bring substantial profits to all parties involved. In 96% of cases, the contraband commodity of choice are the tobacco products. Foreign nationals are also registered in Poland as the perpetrators of business-related crimes: criminal offences aimed at obtaining material benefits at the expense of other parties involved in business activity. Judicial statistics indicate that foreign nationals are convicted for breaching the Industrial Property Act, including its provisions pertaining to trademark protection, followed by offences under the Copyright and Related Rights Act; here, for the most part, crimes involve illicitly replicated software, music, and movies on the market. The perpetrators of these offences are mostly Bulgarian, Romanian, Ukrainian, Belarussian, Armenian, Slovakian, and Georgian citizens. In the area of business crime, organized criminal groups appear to dominate. As may be gleaned from the case records, most groups dealt with violations of the trademark protection provisions, copyright, money counterfeiting, capital fraud, including bank loan fraud, offences related to ATM cards and Internet accounts, followed by insurance fraud and the offences related to trading in liquid fuels. The groups comprised criminals from nearly 20 nationalities, mostly from Bulgaria, Lithuania, Romania, Ukraine, and Armenia, and less frequently the citizens of the UK, Vietnam, China, Moldova, and Georgia. In the period spanning 2015–2016, a brand-new type of crime was uncovered, i.e. professionally organized illicit manufacture of cigarettes in Poland. The report on the status of national security in Poland for 2014 draws attention to the involvement of foreign nationals in criminal activities. Tax fraud committed by foreign nationals from EU countries appears to be on the rise. Foreigners register business ventures in Poland and then proceed to abuse the Polish tax system with a view to benefiting from undue VAT refunds. Combating business crime, as referenced in the Report, requires fostering closer cooperation between various departments, authorities, and statutory bodies involved in preventing and combating crime. This approach has already spawned a government programme for the prevention and combating business crime for 2015–2020, in which the key principles of the actual action plan have been laid down. Research on organized crime groups, including those involving foreign nationals, reveals that all groups intended to profit from criminal activities, were managed by strong leaders, with ethnicity being of much lesser importance in their operations. They are mobile, moving both across the territory of Poland and beyond its borders. Organized crime groups involving foreign nationals are multi-disciplinary; they are involved in drug-related offences, business crime, and other types of criminal pursuits. Variability in the actual type of criminal activity pursued is always dictated by the principal objective – the achievement of material gain. Prevention and combating terrorist threats in Poland is provided for in the National Counter-Terrorism Programme for 2015–2019. There is no single system for preventing and combating crimes committed by foreign nationals, and hence we are not going to formulate its objectives here. Prevention, i.e. the identification of risk factors for criminal offences committed by foreigners, may be pursued in relation to a particular type of crime committed at any one time (types of criminal offences vary over time). Combating or controlling the criminal behaviours of foreign nationals, to express it in modern lingo, may be pursued through obtaining adequate insight into the actual aetiology of various kinds of criminal offences committed by foreign nationals, and an appropriate penal policy.

In this scientific article, referring to the Law of the Republic of Uzbekistan “On combating human trafficking”, the concept of “human trafficking” and the directions of state policy in the field of combating human trafficking is considered. Thus, the article states that human trafficking is a serious violation of human rights, all efforts to provide assistance and protection should be aimed at restoring the rights of victims of human trafficking and preventing their further violation. At the same time, victims should receive protection and assistance without discrimination: it is unacceptable to treat them unfavorably or with prejudice because of their experience in a situation of human trafficking or to restrict their rights. In addition, the moments concerning the identification of victims of human trafficking, sources of information about planned or committed crimes, forms of investigation, typical investigative versions and situations, algorithms, tasks and planning of the investigation are analyzed. The differences between human trafficking and migrant smuggling are also studied and examples related to high-profile criminal cases on this issue from the experience of Kazakhstan are given, including an example related to the operation “Blue Sky”, in which thousands of people participated, to investigate the smuggling of migrants.

Abstract: Countering the smuggling and trafficking of persons from the Horn of Africa to Western Europe and preventing the ensuing violations of the human rights of migrants has long been a challenge for states and international organizations. Focusing on the roles human smugglers, traffickers, and states play in smuggling and trafficking in persons, the study explains the persistence of smuggling and trafficking in terms of the following variables: (1) high supply of migrants, (2) profitability of the smuggling and trafficking in persons criminal business, (3) low level of prosecution and conviction of human smugglers and traffickers, (4) migrant, smuggler and trafficker efficient use of modern means of communications, and (5) divergent state policies and priorities on countering smuggling and trafficking in persons. The study concludes with an observation that the irregular human migration from the region and the attendant serious violations of migrant rights is difficult to resolve because it is a state-enabled phenomenon, and calls upon states, particularly EU member states, to revisit their policies to effect human migration that will benefit all stakeholders.

People smuggling affects all regions of the world. Every year, thousands of immigrants and refugees try to leave their home countries and seek a better life in their destination countries. The purpose of this paper is to find out how the criminal act of people smuggling with the modus operandi of employing PMIs abroad in terms of UNCATOC and international law and what is the relationship between the crime of human smuggling and international migration if it is associated with international law. It can be concluded that the United Nations Convention against Transnational Organized Crime has a Protocol that is intended to combat smuggling by preventing, investigating and prosecuting violations, and by promoting international cooperation among States Parties to protect the human rights and other interests of smuggle.

AbstractThe strategic geographical situation of ASEAN waters, making this area often misused as a transportation method by the perpetrators of transnational organized crimes (TOC). Most cases are people smuggling, human trafficking, illicit drugs and even slavery. Recently, it is found that those crimes are often committed in one vessel accompanying illegal fishing. ASEAN countries are state parties to the Palermo Convention on Trans Organized Crimes and its protocols. In addition, they also bound with regional legal instruments such as on human trafficking, counter terrorism and mutual legal assistance. Nonetheless, crimes do not stop. Cases are often settled by diplomatic measures instead of law enforcement by the spirit of ASEAN Way. This brings vagueness and confusion among law enforcement officers, should ASEAN Way neglect the rule of law? Hence, the objective of the research is to examine the situation and give recommendations on legal models in the prevention and law enforcement of TOC within ASEAN waters. The author compared the EU's legal system and mechanism in combating the crimes within regional perspective. Research found that political approach is somehow prevailing by the virtue of ASEAN Way. Furthemore, this ASEAN Way seems to justify the weakness of ASEAN Countries in law enforcement in preventing as well as combating TOC in ASEAN waters. Although the EU is not an apple to apple regional organisation compared with ASEAN, they have similar legal framework and mechanism to combat TOC. Hence, we can be optimistic that the rule of law in ASEAN should be prioritized and not contravene with ASEAN Way. Keywords: ASEAN Way, law enforcement, regional cooperation, rule of law, trans-national organized crimes. AbstrakLokasi geografis perairan negara-negara ASEAN yang strategis seringkali disalahgunakan oleh para pelaku kejahatan transnasional terorganisir sebagai media transportasi. Berbagai kejahatan yang terjadi di wilayah perairan ini diantaranya penyelundupan manusia, perdagangan manusia, penyelundupan narkotika, penyelundupan flora fauna langka yang dilindungi dan bahkan perbudakan. Dalam perkembangannya ditemukan fakta bahwa kejahatan-kejahatan tersebut tidak berdiri sendiri melainkan dilakukan bersamaan dengan penangkap ikan ilegal. Negara-negara ASEAN adalah pihak terhadap Konvensi Palermo tentang Kejahatan Terorganisir dan protokol-protokol yang menyertainya. Artinya, mereka terikat dengan kewajiban untuk mengimplementasikan instrumen tersebut diantaranya dalam tindakan pencegahan dan penegakan hukum. Selain itu, negara-negara ASEAN juga terikat dengan berbagai instrumen regional misalnya terkait perdagangan manusia, terorisme dan bantuan timbal balik. Namun kejahatan masih terus terjadi. Berbagai kasus diselesaikan secara diplomatis dilandasi semangat ASEAN Way daripada penegakan hukum. Hal ini menimbulkan ketidakjelasan dan kebingungan di antara para penegak hukum, apakah semangat ASEAN Way lebih diutamakan daripada penegakkan hukum? Tujuan penelitian ini untuk mengidentifikasi situasi yang terjadi dan menganalisanya guna memperoleh masukan berupa model terbaik dalam rangka pencegahan dan penegakan hukum terhadap kejahatan transnasional terorganisir. Penulis melakukan perbandingan dengan kerangka hukum dan mekanisme di EU untuk mengambil praktik terbaik. Hasil riset menyatakan bahwa pendekatan politis lebih diutamakan di ASEAN atas landasan ASEAN Way. Sehingga hal ini seolah menjadi pembenaran bagi lemahnya perlindungan dan penegakan hukum terhadap kejahatan transnasional terorganisir oleh negara-negara di ASEAN. Meskipun EU dapat dianggap bukan pembanding yang seimbang, namun EU memiliki kemiripan kerangka hukum dan mekanisme dengan ASEAN dalam pencegahan dan penanganan TOC. Oleh karenanya, penulis optimis bahwa pendekatan hukum perlu diprioritaskan dan hal ini tidak bertentangan dengan ASEAN Way. Kata kunci: ASEAN Way, kejahatan di laut, kejahatan transnasional terorganisir, kerjasama regional, penegakan hukum, rule of law.

This paper focuses on migration in the context of European integration which implies, on the one hand, internal integration, integration within the EU and, on the other hand, the enlargement process related to the countries that have applied to join the EU. The aim is to determine in which way the migration, especially refugee crisis in 2015, had influence on the EU, as a supranational political community, and what was the impact on Serbia which is in the process of integration into the European Union. Migrant crisis has shown that the EU has to confront many different issues including several issues of great importance for its survival and strengthening: how to influence on global processes to a greater extent instead of dealing with the consequences of the global politics of others; how to preserve and keep the values that the EU itself is founded and the values on which should be built upon further construction of the political community and, finally, weather the EU can be transformed in the direction of the United European States, in both the functional and in terms of values, or the EU will move towards deepening of Europe of concentric circles. Faced with extremely complex migration situation, Serbia does not have the appropriate institutional and regulatory framework, nor a political response to a series of complex issues in the area of migration and migration-related issues, such as asylum system, irregular migration, sustainable return of our citizens asylum seekers in EU member states, implementation of the agreement on readmission, the departure of highly educated - brain drain, migration and development, the fight against human trafficking (protection of victims, prevention, criminal prosecution of traffickers), and smuggling of migrants, issues of border management, demarcation and boundary determination (as well as the agreement that should be concluded). Some of these problems migrant crisis has made visible by encouraging coping with the need of systemic response to the flaws in the regulatory framework, in the policy concerning asylum seekers, irregular migration through the territory of Serbia, as well as in the sustainable return of our citizens, applicants for asylum in member states. If we put all this in the context of untimely planning, ineffective management of economic trends, the lack of financial support from Brussels to deal with the refugee crisis, but also in the context of the fact that the enlargement policy is aimed at meeting the Copenhagen criteria, but not on economic growth - then the fears of uncontrolled influx of migrants pose potential capital of radical and populist political options. In the relationship with Brussels, Serbia would have to fight for more under-standing regarding the state of the economy and, in general, regarding help with the costs of joining the EU, especially in case of further escalation of the migrant crisis. Serbia's image in the international arena has been changing for better because of the human attitude towards refugees and migrants who were in transit, but for the citizens of Serbia is much more important that the attitude towards them is a part of the essential changes in the society, and not juste an agile response to the crisis - i. e. what metters most is to make appropriate administrative and legal measures, to effectively manage the problems that migrant crisis put in the foreground, but primarily to change the essence of political community and to have this change of image as a result of state and society transformation towards strengthening democratic institutions, the rule of law, media freedom and developed human rights and freedoms.

The rise of Boat People arriving in Australia made the Australian government issue a policy called a policy Operation Sovereign Border, the policy is a policy used to deal with asylum seekers by preventing and expelling asylum seekers. This policy reaped controversy because it violated the provisions of international law. This legal writing analyzes how efforts to deal with boat people and their rights and obligations according to international law as well as the influence of Australian policies in dealing with boat people and the impact of Australian policies on Indonesia. This research uses a normative juridical method which is carried out through a literature study with a statutory, historical approach, and conceptual. Australia has also ratified the 1951 Convention which has become the basis of international law for refugees, and has also regulated the protection of refugees and has become a reference for many countries in developing their refugee laws and policies. Australia's policy on preventing migration by boat has several significant effects, such as: (1) Reducing the number of migrants via; (2) Impact on the people smuggling business; (3) controversies and issues of human rights; and (4) Regional effects.

The protection of the borders of the Polish state is a complex strategy of operations and it is a system that is not limited solely to the physical protection of the territory. This strategy is multidimensional and boils down to the implementation of many activities and legal acting aimed at protecting the state against illegal movement of goods and people. Border protection tactics additionally include all preventive actions preventing the import of hazardous materials and substances. It also involves combating cross-border crime and crimes involving foreigners. After the abolition of borders within the European Union, it also ensures the protection of the intra-EU customs territory. The bodies and institutions that are specialized units are responsible for the implementation of all these tasks: the Border Guard, the Armed Forces of the Republic of Poland, as well as the Customs Service and the Office for Foreigners. Each of these entities performs separate tasks as part of the protection of the state border. The entity that plays the leading role in the state border protection system is the Border Guard. In addition to protecting the state border on land and sea, this formation is responsible for border traffic control and counteracting illegal migration and cross-border crime. The purpose of this article is to analyze the phenomenon of cross-border crime and to discuss the activities undertaken by the Border Guard in order to combat illegal migration and crime. The study takes into account statistical data for the first half of 2022 confirming the effectiveness of the Border Guard. The structure and dynamics of cross-border crime proves that border crime is strongly influenced by immigration, and - in the case of Poland - it is much higher on the eastern part of the state border (external EU border). The government’s concerns about illegal migration are not unfounded, as illegal migration is closely related to the activities of organized crime groups, including smuggling of weapons, drugs, human trafficking and other types of crime that affect the state of security of the state.

The discussion in this paper refers to Comprehensive Security (COMSEC) as a continuous effort that is balanced, integrated at every level of government administration and societal structure and across all fields. In order to maintain the Federation of Malaysia’s sovereignty, peace and prosperity, it is necessary to protect the country from all internal and external dangers. This paper discusses COMSEC and its relationship to the sovereignty and security of our nation, Malaysia. The discussion’s focus has shifted when a number of issues were brought up, including the problem of cross-border crime and the current digital threat, where it is important to comprehend COMSEC in order to deal with the Covid-19 outbreak and build public awareness and resilience in order to ensure national security and sustainable development, which is the key to sustainable development. The primary objective of this discussion is to identify the issues that play a significant role in the government’s attempts to implement COMSEC, as well as the challenges faced by the government in addressing the contested issues. The qualitative approach used in this writing uses secondary sources such published study findings, academic writing, online news sources, and public forums. The issue of cross-border crime, such as smuggling, human trafficking, and the invasion of illegal Immigrants (PATI) continues to plague the majority of developing nations, including Malaysia. The problem of digital threats also sparked alarm among the public and the government, since it is one of the issues the government faces in ensuring the security and sovereignty of the nation. In the meantime, there are doctrines regarding the implementation of COMSEC that are still applicable in the current day, but they should be modified to reflect the changing patterns of the times. According to the findings of the study, the government also had a crucial role in preventing the growth of the Covid-19 outbreak in Malaysia. However, other parties also play a crucial role in breaking the chain of the Covid-19 epidemic. Especially in this epidemic period, all parties must work together to realise the government’s goals so that the safety of the people and the nation can be ensured through the application of the COMSEC concept.

The author points out that among the main priorities of Ukraine’s domestic policy since independence has been the creation of reliable mechanisms for security, political stability, and democracy that would correspond to the relevant mechanisms employed in the European Union. The prospect of EU membership is defined at the constitutional level and is a strategic guideline for Ukrainian aspirations for transformation and a key goal for which reforms are being carried out within the Ukrainian state. The creation and implementation of such mechanisms is the standard that will allow Ukraine to join the EU’s common security system, increase the effectiveness of control over the movement and non-proliferation of weapons of mass destruction, and bring international cooperation in the fight against organized crime, illegal migration, smuggling, terrorism, and drug trafficking to a new level. It is noted that Ukraine’s intentions to integrate into the European space have necessitated significant changes in national legislation aimed at adapting to a wide range of norms and standards generally accepted in international and European practice. The sphere of public security protection deserves special attention from lawmakers, as human rights protection is an invariable “gold standard” that distinguishes a democratic state. Given the state-forming importance of the national police, its improvement is in the zone of increased attention from both the government and society. It is extremely important today to create an effective organizational model of police bodies capable of reliably protecting the interests of the economy and citizens, implementing such principles of reforming the Ukrainian police that would result not only in excellent work in detecting and stopping offenses but also in creating significant resources for preventing offenses. The author demonstrates the dependence of the functional orientation of police structures on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform. Therefore, the logical idea arises that the functional orientation of police structures may depend on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform.

Despite the formulation and implementation of laws, rules, and sanctions, some type of crime, such as rape, murder, molestation, harassment, robbery, smuggling, theft, prostitution, human trafficking, etc., still persists in almost every country. Since the past several years, there has been an increase in the manufacturing and sale of alcohol and drugs. Therefore, the alarming global epidemic of delinquency has intensified due to the growing poverty and inequality in society. Delinquency is a term used to describe aberrant behaviour or conduct that is prohibited by the law and is generally despised by society. The paper focuses on elucidating the problem of juvenile delinquency and explaining in depth its concept and factors that undermine the development of a nation by employing a qualitative research methodology approach and means of historical database.

Abstract Background A number of individuals in Ethiopia are involved in illegal types of transnational migration, namely human trafficking and smuggling. The magnitude is not declining despite efforts to curb it. An in-depth understanding of the reasons for trafficking is needed to control human trafficking and its consequences. Methods The study included four focus group discussions and 44 in-depth interviews conducted in three border towns, five trafficking-stricken areas, and the IOM transit center for returnees in Addis Ababa. Participants were victims of trafficking, emigrants, community members, police, immigration personnel, and staff of labor and social affairs offices and non-government organizations. Based on the social-ecological model framework, content analysis was implemented using opencode-4.03 software. Results Factors identified as possibly encouraging acts of illegal migration included community attitudes such as having a child abroad being considered a measure of status, and the reluctance to do certain types of works associated with low social status when at home. There was, however, willingness to do similar work abroad, which was coupled with the belief that wages for such jobs were better abroad than at home and a lack of knowledge regarding differences in working conditions in the two settings. Further reasons given were poor government service provisions, ineffective immigration policies, political instability, government focus on reactive and poorly coordinated control rather than on sustainable prevention of human trafficking and corruption. Corruption was said to be the underlying factor for the poor coordination among government agencies, communities, and individuals. These factors, among others, led to the loss of trust and belief in local governance, resources, and opportunities to build one’s future at home, thereby creating fertile ground for illegal migration, including smuggling and possibly trafficking. Conclusions Individual lack of trust and belief in local governance, resources, and opportunities to build one’s future was the main reason why people resorted to migrate in a manner subjecting them to human trafficking. Thus, comprehensive and coordinated efforts involving government agencies, communities, and other stakeholders are needed to help curb human trafficking and its consequences.

AbstrakArtikel ini fokus terhadap fenomena kegiatan penyelundupan korban perdagangan perempuan ilegal Indonesia ke Malaysia. Modus yang digunakan memiliki pola legal entry and illegal stay, serta illegal entry and illegal stay melalui jalur lintas perbatasan antara Batam dan Johor. Isu ini menarik perhatian dan menjadi isu serupa di berbagai negara terkait dengan ancaman kejahatan lintas perbatasan yang berimplikasi terhadap keamanan perbatasan. Berawal dari kegiatan migrasi yang diakui sebagai hak setiap warga negara dengan harapan mendapatkan perubahan ekonomi yang lebih baik, namun kenyataannya menimbulkan masalah baru. Implikasinya, menurunkan kewibawaan negara asal karena warganya telah menciptakan masalah baru bagi negara tujuan. Melalui konsep policing, Polri dapat mengembangkannya melalui pemolisian masalah lintas perbatasan untuk melakukan pencegahan. Hal ini dapat dijadikan acuan dalam merumuskan, mengimplementasikan, dan mengawasi terhadap kebijakan Polri terkait keamanan perbatasan.Kata kunci: migrasi, globalisasi, keamanan perbatasan, perdagangan manusia, pemolisian. This article focuses on smuggling victim of illegal Indonesian women’s trafficking to Malaysia. The modus have patterns of legal entry and illegal stay, as well as illegal entry and illegal stay over cross-border lines between Batam and Johor. This issue is interesting and become similar issue in many countries related to threat crimes cross-border lines which have implication to security border. Begining from migration activity confessed as right every citizen with hope to get better economical change, however the fact inflict new problem. This implication degrades authority native country cause the citizen have created new problem for destination country. Through policing concept, Indonesian National Police can develop it over cross-border lines of problem policing to do prevention. This case can be became reference to formulate, to implement, and control to policy of Indonesian National Police relate border security.Keywords: migration, globalization, border security, human trafficking, policing.

This paper is the result of research that discusses people smuggling, where the role of intelligence is to identify the existence of organized crime groups in Indonesia, Batam City. Batam is a city located in the Riau Islands, Indonesia. The city is often used as a location for transnational human smuggling into Malaysia. In discussing this topic, it is also identified how the role of people smuggling crimes that occurred in Batam. The results of this study indicate the need to optimize the role of intelligence in preventing people smuggling. Although the crime of people smuggling is difficult to eliminate, this crime can be minimized by carrying out strict supervision.