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All Journal Lampung Journal of International Law (LaJIL) Pemuliaan Keadilan
Ni Nengah Adiyaryani
Universitas Udayana
Law, Crime, Criminology & Criminal Justice

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Transnational Smuggling of Migrant Workers from International Law Perspective Ni Nengah Adiyaryani; I Putu Rasmadi Arsha Putra
Lampung Journal of International Law Vol. 5 No. 1 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i1.2917

Abstract

Migrant worker smuggling is a transnational organized crime that harms countries of origin, transit, and destination countries. The smuggling of migrant workers in Southeast Asia, from Southeast Asia and heading to Southeast Asia is largely due to economic factors that cause the Immigration of workers to more economically advanced countries. Weak regulations and restrictions on border control and law enforcement also exacerbate this. The scope of this research regards international legal provisions related to migrant worker smuggling as an organized transnational crime and the legal obligations of each country, which becomes the object of migrant worker smuggling against smuggling based on an international legal perspective. This type of research uses a case approach and statutory normative legal research. Primary, secondary, and tertiary legal materials were used as legal material, then compiled for analysis to answer legal problems. The results of the research, which are findings related to the legal provisions of migrant worker smuggling as a transnational organized crime, are the United Nations conventions ratified by United Nations members, one of which is the United Nations Convention Against Transnational Organized Crime (UNCATOC). Migrant workers are carrying out cooperation capacity building along the smuggling route to sharpen data to obtain a more accurate picture of the situation at home, in the region, and globally.
Kekhususan dalam Tahapan Penyerahan Perkara di Peradilan Militer Ni Luh Ayu Widhiarcani Laksmidewi; Ni Nengah Adiyaryani
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.96

Abstract

Fields of law in Indonesia are a system that is interrelated and affects each other. That there are similarities and differences between each law, including in terms of its enforcement. For example, between the Criminal Procedure Law and the Procedural Law of Military Justice. These two areas of law have some similarities in terms of the stages of trials, but there are differences, one of which is the unfamiliarity of the pre-prosecution stage in the military courts. This study aims to find out the existence of the Commander in resolving cases and to find out the reasons for the unfamiliarity pre-prosecution stage in the Military Court. This research is a normative research with a statutory approach. In addition, this study also uses qualitative analysis techniques. English translation. The existence of the commander in the settlement of cases is part of his authority to punish. The commander in charge of the command unit and his subordinates actively participates in all stages of the examination in the military courts, both as a Superior who has the right to punish in the investigation and as a case-handling officer in the prosecution stage. The existence of the pre-prosecution stage in the Military Court will intersect with the principle of unity of command and the principle of the commander being accountable. These two principles are two important principles in addition to the principle of military interest in the Military Judiciary which is also the basis of the authority and existence of the commander in the military courts.
Co-Authors I Putu Rasmadi Arsha Putra Ni Luh Ayu Widhiarcani Laksmidewi