Anti-money Laundering as International Standards and the Issue of State Sovereignty

It has been recognized that the anti-money laundering regime comprises of preventive and repressive measures. Regarding the preventive measures, the Financial Action Task Force (FATF) on Money Laundering issued the Forty Recommendations which are regarded as International standards in preventing and controlling money laundering activities. These standards are generally viewed as ‘soft law' and have levels of intervention in legislative, financial, and law enforcement of members and non-member countries of the FATF. However, the rule-making as well as the implementation and enforcement strategy of these standards are not involved and approved by non-member countries.This article argues that this policy is contrary to the principle of state sovereignty and regarded as one of state interventions in the domestic affairs of another state. This article seeks to draw theForty Recommendations as International standards and examines the creation and implementation of these standards from the standpoint of state sovereignty by focusing exclusively on the principle of sovereign equality and non-interference

Perilaku Menyimpang Praktik Bisnis Periklanan dalam Perspektif Hukum Pidana dan Penegakan Hukumnya

This research is aimed to analyze the criteria and form of deviation behaviour in business practice of advertisement and the deviation behaviour in business practice in the perspective of criminal law and its legal enforcement. This is a normative legal research using the regulation approach and concept approach. The data was collected and analysed using the descriptive – qualitative method. The result of the research showed that first; there are two criteria to show the deviation behaviour: fact of material and rationale consumers. Meanwhile, a number of deviations in presenting the information of advertisement through mass media including presenting the information falsely (false statement), revealing the fact misleadingly (mislead statement), giving the description incompletely (omission), giving the exaggerating opinion without any support of fact (puffery), and advertisement is contradicting with politeness, moral and ethics. Second, in the perspective of criminal law, the deviation behaviour can be categorized as the criminal act. The problem in this research is related to the legal enforcement particularly related to the unequal perception between society and the law enforcers in responding the deviation behaviour in the business practice of advertisement whether it is included in business tort or business crime. Other factor that is also impacting the enforcement of criminal law is related to the evidence, mentality of the law enforcers and society and political will of government in doing an action towards the business activity of deviating advertisement

Politik Kriminal terhadap White Collar Crime

Merebaknya White Collar Crime (WCC), bagaimanapun juga memerlukan sebuah terapi yang antisipatif dengan upaya yang multidimensi. Berikut ini, secara panjang lebar mengulas tentang politik kriminal terhadap WC

Activation of tumor necrosis factor receptor 1 in airway smooth muscle: a potential pathway that modulates bronchial hyper-responsiveness in asthma?

The cellular and molecular mechanisms that are involved in airway hyper-responsiveness are unclear. Current studies suggest that tumor necrosis factor (TNF)-α, a cytokine that is produced in considerable quantities in asthmatic airways, may potentially be involved in the development of bronchial hyper-responsiveness by directly altering the contractile properties of the airway smooth muscle (ASM). The underlying mechanisms are not known, but growing evidence now suggests that most of the biologic effects of TNF-α on ASM are mediated by the p55 receptor or tumor necrosis factor receptor (TNFR)1. In addition, activation of TNFR1 coupled to the tumor necrosis factor receptor-associated factor (TRAF)2-nuclear factor-κB (NF-κB) pathway alters calcium homeostasis in ASM, which appears to be a new potential mechanism underlying ASM hyper-responsiveness

Modelling of figure-eight all-fiber laser

The figure-eight fiber laser is considered in two configurations, with either a unidirectional active ring cavity coupled with a nonlinear optical loop mirror (NOLM) or a unidirectional passive cavity and a nonlinear amplifying loop mirror (NALM). In each case, we derive a master equation of cubic complex Ginzburg Landau (CGL) type, in which the coefficients explicitly depend on the characteristics of the cavity. Single-pulse and continuous wave (cw) solutions in both normal and anomalous dispersion are discussed analytically

Auto-organisation d’un grand nombre d’impulsions dans un laser à fibre dope Er:Yb

Nous proposons une étude inédite de l’interaction d’un grand nombre d’impulsions dans un laser à fibre double gaine dopée à l\u27Er :Yb fonctionnant par rotation non linéaire de la polarisation. A cause des phénomènes d\u27attractions et de répulsions entre solitons, des régimes auto-organisés peuvent être générés. Par analogie avec les états de la matière, nous nous sommes intéressés aux régimes "gaz de solitons", "jet supersonique de solitons", "polycristal de solitons", "liquide de solitons" et "cristal de solitons"

Comparative study of soliton complexes in different laser configurations

We investigate the formation of self-organized and disorganized soliton structures in passively mode-locked Er:Yb doped double-clad fiber laser. Two laser configurations are studied. The first one is based on mode-locking through nonlinear polarization rotation while the second geometry is a figure-eight cavity in which the mode-locking is obtained with a nonlinear optical loop mirror. Although the physical mechanisms of mode-locking are different, we demonstrate that collective behaviours and soliton complexes are similar in both configurations. That demonstrates the universality of the solitonic structures

The Development of Anti-Money Laundering Regime: Challenging issues to sovereignty, jurisdiction, law enforcement, and their implications on the effectiveness in countering money laundering

There is a relationship between money laundering and anti-money laundering regime (hereinafter referred to as ‘AML-regime’). On the one hand, money laundering has significantly increased following the development of technology that offers complicated, sophisticated, and professional methods used in conducting this type of crime. On the other hand, however, the AML-regime has also been adjusted with the development of technology and the laundering techniques to counter the threat. The higher the sophistication of money laundering, the more sophisticated the AML-regime. Likewise, the more sophisticated and complete the AML-regime is, the higher the creation of innovative techniques used in laundering methods. Up to this point, the problem becomes how can or how should the AML-regime response the threat. The present study explores the important legal issues related to the development of the AML-regime in response to the progress of money laundering practices. It examines the expansion of the AML-regime through the creation of international standards which internationalize and criminalize the acts of money laundering. The logic of these expansions counterbalance the increasingly complicated, sophisticated, and professional methods used in conducting this type of crime. Although the expansion of the regime is in essence uncontested, questions regarding the implementation and enforcement of the regime arise where varied answer are given. The implementation and enforcement of the regime includes critical legal issues that challenge the longstanding principles of sovereignty, jurisdiction, and law enforcement, ranging from its theoretical basis to practical problems

Laser à fibre verrouillé en phase à haute cadence

We investigate different ways to considerably increase the repetition-rate of passively mode-locked fiber lasers. We first report the harmonic mode-locking of a double-clad fiber laser passively mode-locked through nonlinear polarization rotation. We then consider the theoretical possibility to generate a bound-state filling the optical cavity thus resulting in ultra-high repetition rate with a remarkable stability