JURIDICAL REVIEW OF INTERNATIONAL AND TRANSNATIONAL CRIME BASED ON INTERNATIONAL LAW

Desy Churul Aini, Desia Rakhma Banjarani (2016) Juridical Review Of International And Transnational Crime Based On International Law

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ABSTRACT

Along with the times and technology, there are various forms of crime often thrive, it‟s caused by the progress of information and communication technologies that facilitate everyone to reach out to all aspects of life. Even the p rogress can encourage the formation of various types of crime in the world. Indonesia was also not spared from the development of transnational crimes; it is caused by several factors such as ASEAN Economic Community‟s program, which is supported by the Op en Skies Agreement, as well as the strategic position of Indonesia. With the formation of various types of crime in the world, then it can be difficult to distinguish between international crime and transnational crime. The distinction of the tw o crimes ar e intended to clarify the position of each type of crime, so there is no mistake in the placement of legal principles that apply to both types of these different crimes. This research was conducted to discuss the issue of how juridical reviews of internati onal crime and transnational crime based on international law, which aims to explain the various forms of international crime and transnational crime by international treaty. This research used normative legal approach (literature) . The results showed that the scope of international crimes and transnational crime are different. Forms of international crimes since the Nuremberg Court (1945) to the ICTY (1993), ICTR (1994) and the ICC (1998) included four types of crimes namely: genocide, crimes against human ity, war crimes and aggression. While other forms of transnational crime based on the UN Convention on Transnational Crime Organized Crime mentioned a number of crimes, namely money laundering, corruption, illegal trafficking of protected plants and wildli fes, crimes against art objects of cultural, human trafficking, migrant smuggling and illegal production and trafficking of firearms.

Keywords: Scope, Statute, UNTOC and Crime