FUNGSI HUKUM PIDANA NASIONAL DALAM PENEGAKAN HUKUM PIDANA TERHADAP KEJAHATAN TRANSNASIONAL

Muhammad Ramadhan, Dwi Oktafia Ariyanti, Henry Ariyanto

Abstract


Abstract

 

Cross-border crime or better known as transnational crime is a crime that involves more than two countries, both from the country of the perpetrator of the crime with the victim in another country or crimes committed in their country and resulting in victims in other countries and are crimes that involve the international community. The enforcement of transnational crimes will generally involve at least two countries, on the one hand the state will protect its citizens by way of extradition so that they are not punished under the laws of another country, on the one hand the country where the crime occurred and the victim has arisen will not remain silent not to prosecute the perpetrators of the crime, on the other hand On the other hand, international institutions that specialize in dealing with international crimes are waiting to be able to prosecute these crimes. Thus, the function of national criminal law in law enforcement against transnational crimes will be studied. This research was conducted using a normative juridical approach, which is an approach based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. This approach is also known as the library approach, namely by studying books, laws and regulations and other documents related to this research. That national criminal law plays a role in the construction of international criminal law, including the use of the principles of international criminal law which have similarities with national criminal law. As well as in terms of enforcing international criminal law against transnational crimes, which in terms of enforcement are carried out by national criminal law as long as it can be done.

 

Keywords: National Criminal Law, Law Enforcement, Transnational Crime

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