International Legal Cooperation in the Field Of Criminal Justice: New Challenges and Ways to Overcome Them

Purpose: The ASEAN and the global community have significantly impacted the attitudes and behaviors of people in the ASEAN region, including Timor-Leste, towards global economic integration. Timor-Leste's entry into the ASEAN economic community is expected to increase human trafficking crimes, highlighting the need for a human trafficking law. This study aims to know the importance of legal readiness in Timor-Leste to face transnational crime in the ASEAN Economic Community (AEC). Methodology: This study used a normative approach as the methodology. The subject of discussion is legal norms regarding transnational crime in Timor-Leste in facing the ASEAN economic community. Results: The results showed the positive and negative impacts of globalization and the ASEAN community on Timor-Leste, emphasizing the opportunity and challenge. The government must prepare three essential points in facing transnational crime, such as taking anticipatory steps, preparing adequate legal products, and carrying out international cooperation for law harmonization. Conclusion: Thus, it concludes international cooperation among ASEAN member states is necessary to strengthen the rules of international law and combat transnational crime effectively.

mentioning

confidence: 99%

Legal Readiness in Timor-Leste to Face Transnational Crime in The Asean Economic Community (AEC)

Juli,

Marsal,

Sarwirini

et al. 2023

Protection of Women Victims of Sexual Violence in Indonesia in Perspectives of the 1945 Constitution After the Amendment

Nursiti,

Syahrin,

Faisal

et al. 2023

Background: After the 1998 reform, the amendments to the 1945 Constitution which were carried out, have brought about changes in the Indonesian state administration, the recognition, respect and protection of Human Rights (HAM) has become an important change clause in the NRI constitution. Several legal instruments related to protecting women from sexual violence, the latest legal product being Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, demonstrate this commitment. Objective: The aim of this research is to analyze legal norms in various court decisions regarding the protection of women victims of sexual violence in Indonesia. Next, to look for a comprehensive concept of protection for women victims of sexual violence in national legal policies in Indonesia. Theoretical framework: This article will discuss and analyze the changes brought about by the 1945 Constitution after the amendments, especially regarding the protection of women against sexual violence. The extent to which the amendments to the 1945 Constitution have changed regarding the protection of women victims of sexual violence. There are contradictions regarding the condition of national criminal law regarding protective legal norms and sexual violence. This research proposes that there should be synchronization and harmonization efforts in national criminal law policies, in line with the 1945 Constitution which has been amended to ensure that the protection of women victims of sexual violence can be strategic and effective in Indonesia. In general, it provides benefits to help Indonesia carry out legal arrangements or reforms related to national criminal policies in line with the 1945 Constitution. Method: In this research, normative legal research methods are used to solve the legal problems being faced. This research to use several statutory approaches, a conceptual approach, a historical approach, a comparative approach and an analytical approach.

Parole and Early Release from Punishment: Problems of Improving Application Mechanisms in the Republic of Kazakhstan and Foreign Experience

Nuridin,

Ongarabaev,

Muratkhanova

et al. 2023

Objective: The article provides a comparative study of the institution of parole in the Republic of Kazakhstan with current foreign legislation. The positive experience of the legislation on parole is outlined, conflicts and problems of the current legislation of the Republic of Kazakhstan on parole are identified, and recommendations are offered for further improvement of the institution of parole. Theoretical framework: During the study, statistical material presented on the website of the Prosecutor General's Office of the Republic of Kazakhstan, other scientific works on the presented topic, as well as foreign experience of other countries were studied Method: The following methods were used in the research process: system-theoretical and logical analysis of the problem; expert assessment of the relevant norms of national legislation and the practice of its application; constructive and critical analysis of conceptual approaches to reforming the institution of parole. Results and conclusion: Based on the current legislative acts of the Republic of Kazakhstan and foreign countries, as well as scientific literature, the article analyzes the conditions for the abolition of parole, on the basis of which proposals are made for the wording of Part 7 of Art. 72 of the Criminal Code of the Republic of Kazakhstan. Also, the practice of applying preventive measures by government, law enforcement agencies, and public groups does not always properly demonstrate their effectiveness. Therefore, from our point of view, the legislation should provide for measures to improve them. Which indicate the advisability of developing a large comprehensive plan for the reintegration of parolees into life in society, which relate to all spheres of life. And regarding the principle of work of district inspectors and probation inspectors, which is identical, de-bureaucratization effect. Originality and value: Issues related to the theory and practice of applying parole to convicted persons or the non-application of certain types of punishment to a certain category of persons are quite often discussed in the scientific literature both in Kazakhstan and in foreign countries. However, taking into account the changes made to Kazakhstan's regulatory legal acts (criminal, criminal procedural, criminal executive legislation, regulatory decisions of the Supreme Court of the Republic of Kazakhstan) on issues of parole, in our opinion, some rough edges are revealed that require resolution. At the same time, the practice of applying the institution of parole shows that there are still issues that are subject to additional legislative regulation in order to eliminate any doubts in the interpretation of the law, which indicates the relevance of their research. Since frequent changes in legislation have caused and continue to cause difficulties for individual courts in the correct application of the above regulations. For example, issues related to the revocation of parole, or the reversal of an application for parole. The latter is what happens most often in practice.