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Article
Publication date: 21 January 2020

Armunanto Hutahaean and Erlyn Indarti

This paper aims to study the Integrated Criminal Justice System; the law enforcement carried out by the Indonesian National Police is expected to be able to realize legal…

Abstract

Purpose

This paper aims to study the Integrated Criminal Justice System; the law enforcement carried out by the Indonesian National Police is expected to be able to realize legal values, namely, legal justice, expediency and certainty.

Design/methodology/approach

This research can broadly be grouped into the realm of the socio-legal research approach. The domain of law enforcement in corruption cases is related to the preliminary investigation and full investigation process. The research location chosen is at Indonesian National Police Headquarter (Mabes Polri) and Greater Jakarta Metropolitan Regional Police. The main data sources are stakeholders who are related and have the authority as preliminary phase investigators and full phase investigators. The next informants are determined by snowball technique, which consists of several informants as follows: Director of Special Criminal Investigation Directorate of Greater Jakarta Metropolitan Regional Police, head of Corruption Crime Sub-Directorate of Greater Jakarta Metropolitan Regional Police, investigators of Corruption Crime Sub-Directorate of Special Criminal Investigation Directorate of Greater Jakarta Metropolitan Regional Police, members of Commission III of the Indonesian House of Representatives (DPR), constitutional law experts and police experts. The data in this research are obtained through observation activities, visual interviews, document interpretation (text) and material and personal experience.

Findings

The corruption cases handled by the Indonesian National Police have mostly come from information reports from the public. Based on the information report from the community, the preliminary investigation phase is carried out by the preliminary phase investigator of the Indonesian National Police in the field. In addition, a preliminary investigation and full investigation is carried out due to the results of an audit from the BPK or BPKP. Preliminary investigation and full investigation begin after it is alleged that a criminal act of corruption had occurred based on the report, complaints and information received by the preliminary phase investigator or full phase investigator from the community. In conducting the preliminary investigation and full investigation of corruption cases, based on the results of the research conducted, it is also found that the Indonesian National Police’s preliminary phase investigator and full phase investigator experience several obstacles, besides supporting factors that support the success of a preliminary investigation and full investigation.

Originality/value

This research is a case study in which no previous studies have used the same method in Greater Jakarta Metropolitan Regional Police (Polda Metro Jaya). This paper is the result of the researcher’s research on what is described above, guided by the constructivism paradigm, the researcher applies the paradigmatic analysis to understand how the preliminary investigation and full investigation on corruption crimes by Greater Jakarta Metropolitan Regional Police act as part of an integrated criminal justice system. Through the paradigmatic analysis, the researcher then reveals how while upholding the law, the Indonesian National Police actually sought to realize legal justice, expediency and certainty.

Details

Journal of Money Laundering Control, vol. 23 no. 1
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 3 April 2009

M. Nordin, David J. Pauleen and G.E. Gorman

The specific aim of this paper is to explore the multi‐disciplinary academic antecedents of KM in order to better understand KM. By doing so, it is suggested that KM can

Abstract

Purpose

The specific aim of this paper is to explore the multi‐disciplinary academic antecedents of KM in order to better understand KM. By doing so, it is suggested that KM can be more effectively applied in real‐world situations, such as professional occupations.

Design/methodology/approach

The approach is conceptual: five core antecedents of KM – philosophy, sociology, psychology, computing and information systems, and management – are explored and associated with the criminal investigation process.

Findings

KM antecedents can be applied to the professional discipline of criminal investigation to create a conceptual model of knowledge management for the criminal investigative process. The model offers guidance on ways in which KM can be understood in terms of the criminal investigative process.

Research limitations/implications

KM has been considered a somewhat nebulous subject, so there is value in exploring its multidisciplinary roots to gain a better understanding of it and how it can be more effectively applied in specific organizational or practitioner contexts.

Practical implications

By mapping the KM antecedents to the criminal investigation process a conceptual model has been developed, which it is believed could prove useful in helping police organizations, as well as academics studying the criminal justice system, to better understand the discipline of KM in the context of law enforcement‐related work.

Originality/value

While KM antecedents have been identified, the paper is one of the first to explicitly show how they can be used to link KM to real world situations – in this case the criminal investigative process.

Details

Journal of Knowledge Management, vol. 13 no. 2
Type: Research Article
ISSN: 1367-3270

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Article
Publication date: 25 June 2020

Zhen Ye, Wangwei Lin, Neshat Safari and Charanjit Singh

The purpose of this paper is to review the criminal enforcement of insider dealing cases in People's Republic of China's (PRC) securities market and to provide feasible…

Abstract

Purpose

The purpose of this paper is to review the criminal enforcement of insider dealing cases in People's Republic of China's (PRC) securities market and to provide feasible suggestions for improvement for a more coherent and streamlined insider dealing regulatory framework in the PRC during the enforcement of China's new Securities Law (SL 2020) in March 2020.

Design/methodology/approach

Through analysing the previous literature on public interest theories and economic theories of regulation, this paper examines the necessity to regulate insider dealing in China with criminal law to ensure fairness and avoid monopolies in its securities market. The paper reviews the criminalising of severe insider dealing cases in China from the Nanking National Government in the 1920s to the inception of the securities market of the PRC in the 1990s to the present day. The investigation, prosecution, enforcement and trial of criminal offences of insider dealing in China are thoroughly examined.

Findings

The paper finds a tendency for over reliance on the investigation and the administrative judgement of the China Securities Regulatory Commission in criminal investigation, prosecution and trial in the PRC.

Originality/value

To the best of the authors’ knowledge, this paper is one of the first papers to critically and thoroughly analyse the criminal enforcement of insider dealing in China following the recent enforcement of China’s new Securities Law in March 2020.

Details

Journal of Financial Crime, vol. 27 no. 4
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 16 October 2007

Anthony Kennedy

Recognising that financially related, personal information is the raw material of successful asset recovery investigations, the paper aims to examine the mechanisms which…

Abstract

Purpose

Recognising that financially related, personal information is the raw material of successful asset recovery investigations, the paper aims to examine the mechanisms which investigators may use to gather such information and the legal barriers to information gathering.

Design/methodology/approach

The paper draws on the author's own practical experience of involvement in criminal asset recovery proceedings in the UK.

Findings

It is the State's obligation to deliver criminal asset recovery in the most efficient and cost‐effective way, consistent with privacy rights and obligations, providing value for money in what is delivered by law enforcement. Doing so will require making better use of financial information held by public sector agencies. There must be no form of financial information which is beyond the reach of an investigator in an appropriate case. If there is, criminals will utilize that weakness to place criminal assets where information in respect of those assets cannot be obtained. If asset recovery is to be successful, it is essential that – to use the metaphor of financial information as “dots” – investigators are able to collect the dots, connect the dots and share the dots.

Practical implications

The paper identifies: the need to keep the legal tools used to obtain information under regular review; eight core information skills which investigators must develop for effective asset recovery; and the importance of a multi‐disciplinary approach in analysing financial information.

Originality/value

The paper explores UK criminal asset recovery from an informational perspective.

Details

Journal of Financial Crime, vol. 14 no. 4
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 17 June 2020

Nurdin Sembiring, Umar Nimran, Endang Siti Astuti and Hamidah Nayati Utami

This study aims to examine the effects of emotional intelligence and organizational justice on job satisfaction and caring climate and its impacts on Criminal Investigation

Abstract

Purpose

This study aims to examine the effects of emotional intelligence and organizational justice on job satisfaction and caring climate and its impacts on Criminal Investigation officers’ performance.

Design/methodology/approach

The population in this research was all criminal investigation officers, with people (2016 data) in all Polres and the Criminal Investigation Directorate of Polda Metro Jaya. The method used is path analysis. The path modeling was solved by using the partial least squares method. This research found that there is a positive relationship between job satisfaction and officers’ performance.

Findings

This research found that there is a positive relationship between emotional intelligence and job satisfaction; organizational justice and job satisfaction; emotional intelligence and officers’ performance; organizational justice and officers’ performance job satisfaction and officers’ performance; caring climate and officers’ performance; organizational justice and caring climate; emotional intelligence and caring climate. In general, it has shown that emotional intelligence has a significant direct effect on performance, job satisfaction and caring climate. In addition, emotional intelligence has an indirect effect on performance through job satisfaction and caring climate.

Originality/value

There are some differences in the previous research results or methodological weaknesses. This research will develop the relationship between the emotional intelligence variable and the caring climate variable and the relationship between the organizational justice variable and the caring climate variable.

Details

International Journal of Organizational Analysis, vol. 28 no. 5
Type: Research Article
ISSN: 1934-8835

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Article
Publication date: 1 March 1998

Marcel Pheijffer

This article starts with a short introduction to the department of the Dutch Fiscal Investigation and Information Service (FIOD). There will be an introduction on…

Abstract

This article starts with a short introduction to the department of the Dutch Fiscal Investigation and Information Service (FIOD). There will be an introduction on financial investigations in general, a definition and goals. Attention will also be given to the recommendations of the Financial Action Task Force. There are two examples of financial investigations, one in the area of so‐called ‘organised crime’ and one in the area of ‘organisational crime’. These examples make clear that financial investigations can be a successful investigation method. Through the use of this method both tactical information and evidence are given. The examples will also show that financial investigations may have to be connected to other forms of investigation: the use of informers, surveillance, wire tapping and crown witnesses. They will also make clear that, from the point of view of a financial investigator, there is no big or relevant distinction in the way of tackling these sorts of crime.

Details

Journal of Money Laundering Control, vol. 2 no. 1
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 4 July 2016

Melvin R.J. Soudijn

In accordance with the literature on money laundering, policymakers and researchers often use a model which distinguishes three successive stages: placement, layering and…

Abstract

Purpose

In accordance with the literature on money laundering, policymakers and researchers often use a model which distinguishes three successive stages: placement, layering and integration. But how well does this model compare to actual investigations of money laundering in relation to large-scale drug trafficking?

Design/methodology/approach

The basis is formed by data collected in 2012 for that year’s crime pattern analysis (CPA) for money laundering and cocaine trafficking. In all, 46 structured interviews were conducted. These interviews mostly centred around money laundering, involving the proceeds of drugs crime. As a result of the interviews, the dossiers from 16 criminal investigations were also obtained for further analysis.

Findings

Comparing the three-phase model with Dutch investigations on drug trafficking, three observations can be made. First of all, cash plays a larger role than the theoretical model would suggest. Second, the proceeds of crime are often moved abroad, circumventing the legal financial system. And third, money laundering often occurs in much simpler forms than the theory would lead one to suspect.

Research limitations/implications

The sources mainly involve criminal investigations into organized drug trafficking. Investigations involving white collar crime and fraud will probably generate different outcomes. Another caveat is that the situation in other countries may differ from the picture that emerges from the Dutch data.

Practical implications

Combating money laundering is sometimes a job for specialists, but many forms (involving cash and moving money around) can easily be left to ordinary investigative officers with no financial background. Money laundering therefore needs to be demystified to broaden the opportunities for investigating analyzing and researching money laundering. Furthermore, it is not always practical to depend on Financial Intelligence Unit’s information to start an investigation or to evaluate anti-money laundering efficiency.

Originality/value

The literature on money laundering often centres around judicial system, legal issues and theoretical solutions. Empirical data is hard to come by. This article uses information from actual investigations to illustrate aspects of money laundering that can be overlooked.

Details

Journal of Money Laundering Control, vol. 19 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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Article
Publication date: 1 July 2006

Anthony Kennedy

The purpose of this paper is to examine what use has been made of civil recovery legislation in the first three years of its existence and to explain the legal issues…

Abstract

Purpose

The purpose of this paper is to examine what use has been made of civil recovery legislation in the first three years of its existence and to explain the legal issues which have been raised before the courts so far. It also examines the legislative and non‐legislative changes to the civil recovery scheme since it is commencement in 2003.

Design/methodology/approach

The paper uses examples from amongst those cases initiated by the Assets Recovery Agency and draws on both reported and unreported court rulings.

Findings

The civil recovery cases brought against property by the Assets Recovery Agency may be classified into six categories: where a potential criminal defendant has died and is therefore beyond prosecution; where a criminal defendant has been acquitted; where a criminal defendant was convicted but the confiscation hearing failed; where the respondent is not within the jurisdiction; where the owner of the property is uncertain; and where a respondent is unprosecutable due to insufficient evidence.

Originality/value

The paper provides a useful framework for law enforcement agencies which are considering what type of cases they may useful refer for possible civil proceedings by the Agency. The paper also sets out for practitioners a useful summary of the civil recovery jurisprudence which has so far developed.

Details

Journal of Money Laundering Control, vol. 9 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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Article
Publication date: 3 July 2017

Robert Michael Axelrod

This paper aims to suggest alternative suspicious activity analyses to improve the focus of financial institution reporting to law enforcement and to identify some…

Abstract

Purpose

This paper aims to suggest alternative suspicious activity analyses to improve the focus of financial institution reporting to law enforcement and to identify some limitations in the current practice.

Design/methodology/approach

This paper employs the consideration of US and Financial Action Task Force policies and text sources of suspicious activity reporting in the anti-money laundering context in light of how the reports are used. Furthermore, there is consideration of confidentiality and privacy constraints on public and private sector in assessing strategies to make the reporting process more effective and aiding the discovery and investigation of crime.

Findings

The current suspicious activity reporting process takes advantage of the business acumen of financial institutions to identify unusual or unexplained behavior that may assist law enforcement in criminal investigations and prosecutions. It is successful in that regard. However, the process has not been tuned to identifying criminal behavior through systematic feedback. As an alternative to feedback, analysis of criminal organizations vis-à-vis the transactions that flow through a reporting institution is suggested as a means to creating better tuning. The analysis could be accomplished either by law enforcement or by select institutions; but in either case, hurdles of confidentiality and/or privacy would have to be overcome.

Originality/value

Creating a process for law enforcement and/or reporting institutions to map known criminal activity on a transaction set would allow a new assessment of the role of financial institutions in this regard, and may allow policymakers to reassess whether the financial institutions’ efforts currently required would be more productive if redirected to focus more on criminal as opposed to merely suspicious activity.

Details

Journal of Financial Crime, vol. 24 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

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Book part
Publication date: 3 December 2018

Frederic Lemieux

Abstract

Details

Intelligence and State Surveillance in Modern Societies
Type: Book
ISBN: 978-1-78769-171-1

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