The fate of the foster child when the foster mother gets married – an analytical study in algerian law supported by jurisprudence

 Custody is viewed as the most significant consequence resulting from the disruption of the marital bond in the presence of children as it is directly related to their fate after the separation of their parents. In this case, the person who is granted custody has the right and obligation to take care of the foster child and to manage his affairs as well. For this, it is generally said that the mother is the first person that can assume the guardianship of the child as she is entitled to do so. Except that usually, the custodial mother wants to start a new life through a new marriage, which is generally followed by the fathers filing a lawsuit to drop custody. The present study aims to determine and examine the fate of the foster child following the custodial mother’s remarriage in accordance with the requirements of the Algerian Family Code and jurisprudence in this respect. Keywords: Custody; Foster child; Mother; Marriage; Interest; Lawsuit Introduction The separation of spouses, when children are involved, automatically entails assigning custody to the person worth of it and who is expected to take care of them. This was approved by the principles of Islamic Law, International Agreements[1] as well as the Legal Terms of the Algerian Family Code.[2] The legislator supported the issue of custody with provisions while taking into consideration the interests of the fostered child, regardless of who takes custody over. However, he did not accurately specify what was meant by the word interests, which opened the door to jurisprudence in several issues.[3] The Algerian legislator considers that the marriage of the custodial mother is one of the reasons for invalidating custody. The foster mother generally fears that, once she starts her new life and founds a new family, she may lose her child. The reality has proven that, in several cases, the father immediately after hastens to file a lawsuit to drop the custody, because in some situations, it is actually feared that the fostered child may be brought up with a non-mahram foreign person. In addition, in most other times, this is done for the purpose of disengaging oneself from paying the alimony of food expenses and rent. As the legislator is well aware of this, and in order to guarantee the protection of the fostered child, he provided the judge with the discretionary power that allows him to assess the child’s interest, based on some criteria upon which he can rely to build his judgment. The present study attempts to answer the following research question: To what extent is it permissible for a custodial mother to keep her child after her marriage to a non-mahram foreigner in light of the discretional power granted by the legislator to the judge in this regard? Indeed, the purpose of the present study is to deal with an important social issue in a legal manner that can certainly enlighten the reader\u27s thought, whether this reader is legal or informed. This is the case of a foster mother who fears losing custody of her child after her new marriage, and thus she considers the option of customary (clandestine or unregistered) marriage in order to avoid that problem. The major purpose is to discuss the concepts and clarify the legal procedures with respect to the role of the effective judiciary through jurisprudence. This study relies upon the descriptive and analytical methods in order to describe the concepts and analyze the legal texts as well as the operative rulings of the judicial decisions that are related to the problem under consideration. First: Dropping custody due to the marriage of the custodial mother to a non-mahram foreigner Custody is a term that derives from the Latin word custodia which means guarding, watching, or taking care of. The foster father or mother who is entrusted with the child is expected to raise him/her and protect him/her.[4] Legally, the Algerian legislator defined custody in Article 62 of the Family Code as follows: “........This is all about taking care of the child, teaching him/her, educating him/her according to the religious precepts and beliefs of his/her father, watching over his/her protection and preserving his/her health and morals. The custodian must be qualified for that”. Likewise, in Article 64 of the same law, the legislator arranged those people who are worth of custody, starting with the mother, then the father, then the maternal grandmother, then the paternal grandmother, then the maternal aunt, then the paternal aunt, then the child\u27s closest living relative, while taking into account the interests of the fostered child. On the comparative level, it was found that, in Indonesian law, the legislator had adopted two systems for Muslims. The age of differentiation is that of twelve. In fact, in Indonesia, custody is granted to the mother until the age of 12. Then, at that age, the foster child is empowered to choose his/her custodian. However, some exceptions may apply to granting custody to the father, even if the child is under 12 years old, or to the mother even when she is under punishment of deprivation of liberty or has an improper behavior.[5] As for non-Muslims, the parents have the moral obligation to raise and care for children less than 18 years of age and those not married yet.[6] The Algerian legislator framed custody invalidators or nullifiers. He considers that the marriage of the custodial mother with a non-mahram relative is one of them.[7] The reason for that is that it is generally feared that the custodial mother will be preoccupied rather with her foster child, while the non-mahram foreign husband does not take good care of the child, which is not the case for the mahram relative who has a certain family relationship with the child.[8] The Algerian legislator followed the path of Islamic law. It was narrated that a woman said: “O Messenger of God, this son of mine, my belly was for him a vessel, my lap was for him Eve, and my breasts were for him a waterskin. His father divorced me and claimed to take him away from me. Then, may God’s prayers and peace be upon him, said, ‘You have more right to him as long as you do not get married.”[9] The following gives a breakdown of the issues on which the claim for dropping custody in the Algerian law is based, as well as the discretionary power that is granted by the legislator to the judge regarding: 1- The case for dropping custody due to the marriage of the custodial mother to a non-mahram foreigner and its obligations The right to custody is lost as soon as the custodial mother marries a non-mahram relative, as stipulated in Article 66 of the Algerian Family Code. This ruling is derived from the Islamic law that several countries adopted in their national laws, including the Indonesian law which stipulated, in addition to that, other cases where child custody is dropped, like the punishment of deprivation of liberty.[10] It is worth noting that the Algerian legislator did not provide for this in the Family Code. However, the practical reality states that the judges in charge of the matter can assign custody to the person who is entitled to it when the divorced mother is sentenced to imprisonment after committing a crime. The mother\u27s demand to regain custody of the child after being released is subject to the discretionary power of the judge who investigates the matter and builds his judgment in accordance with what is required by the interests of the fostered child. Furthermore, it is worth emphasizing that the term custodial person does not automatically refer to the mother solely; it may refer to the grandmother, maternal aunt and paternal aunt in the event that custody is assigned to them. However, if they marry a non-mahram relative, custody is systematically dropped. On the other hand, one has to note that the wording of Article 66 is devoid of the controls regarding the child’s interests in the matter under study, which suggests that the marriage of the custodial person to a foreigner is absolutely inconsistent with the interests of the fostered child, and this is not true. Nevertheless, in all cases, this cannot be considered as such because the legislator did not arrange the effect of losing custody by force of law in the event that the custodial mother gets married to a non-mahram relative. Rather, the custody loss would be based on a judicial ruling once the owner of the right to custody has submitted a claim for it. In this case, the judge will have the discretionary power to assess the matter.[11] Based on the provisions of Article 426 regarding the Civil and Administrative Procedures Law,[12] the lawsuit to drop custody is supposed to be filed in the place where custody is exercised. The plaintiff has to prove that: - The husband is a foreigner and is not a close relative - This is done in accordance with the provisions of Article 66 of the Family Law and the principles of Islamic Law. - The marriage is well documented – The fact is that the aforementioned provisions of Article 66 did not specify whether only customary or formal marriages are considered. Nevertheless, the jurisprudence in this regard ruled that the allegation about the marriage of the custodial mother must be confirmed with certainty, by means of a marriage contract for example, that has been established in accordance with the law in force. This means that a record that is withdrawn from the civil status registry office must prove that marriage. This is what is already being practiced in the courts. - The marriage is consummated with the custodial wife - It must be noted that this case is not stipulated in the Family Code. However, the jurisprudence specified that when it ruled that the custody of a woman is conditioned by the fact that no husband has consummated the marriage with her. However, in that was the case, then he is forbidden to the custodial woman’s house, and therefore the wife loses custody.[13] Furthermore, when the plaintiff proves the above, it is not possible to state with certainty that custody has been taken away from the mother and assigned to the husband because, in this case, the judge takes into account the interests of the foster child. These interests may be determined by the judge based on mechanisms that the law grants him the powers to use for that purpose. 2- Mechanisms for investigating the interests of the fostered child When stipulating the parameters for assigning custody, the legislator considered that it was sufficient to refer only to the criteria that can help to achieve the interests of the child in custody, with the obligation to take care of him/her, teach him/her, and raise him/her in accordance with the religious precepts of his father, in addition to ensuring his protection. There is no need to give a specific definition for it, because its concept is flexible and can change when the temporal conditions vary. This concept may also change from one child to another.[14] In a decision issued by the Supreme Court, the Personal Status Chamber ruled that the interests of the fostered child are assessed by the trial judge.[15] He can rely on several mechanisms in accordance with the general rules in the case of revocation of custody for the purpose of verifying the interests of the child under custody. The most prominent of these are: Expertise- This is intended as an investigative measure to obtain the necessary information from specialists, or to prove certain material facts that are the subject of a real or imminent dispute dealing with the material side and not with the legal one which is the prerogative of the judge alone.[16] With regard to custody, the judge resorts to expertise by appointing a social worker to investigate the validity of the custody applicant to exercise it in accordance with the interests of the child in custody, not only through direct personal contact with that applicant, but also by assessing the place where the fostered child is going to live.[17] In this regard, it is worth citing the decision of the Supreme Court[18] that ruled that the trial judge must examine where the interests of the fostered child lie using various means, including the appointment of a social worker. The judge may also request a medical examination to assess the physical or psychological condition of the fostered child. - Inspection - The judge is expected to go to the place where the custody is practiced in order to assess the social milieu in which the fostered child lives. He can enquire about the type of neighborhood, state of the dwelling, proximity to school, and other issues through which he can determine or assess the interests of the fostered child. Based on the above, he can then make a sound judgment about the matter.[19] - Hearing witnesses - The judge may seek the assistance of family members of the fostered child to collect the necessary information that enables him to base his judgment in accordance with what is needed for the interests of the fostered child. Now, if the custody applicant argues that the mother married a non-mahram foreigner residing abroad, then the custody shall be forfeited. It is worth mentioning a judicial decision that was issued by the Supreme Court which ruled the loss of custody due to distance because the custodial mother resides in a foreign country without even being married, while the father\u27s residency is in Algeria.[20] Referring back to the text of Article 69 of the Family Law, one may find that the legislator once again granted the discretionary power, in this regard, to the judge according to what is required regarding the interests of the fostered child when the person entrusted with custody lives in a foreign country. In the same context, and in another judicial decision that was issued by the Supreme Court concerning an unmarried mother residing in a foreign country, it was ruled that the judges of the Council had erred in applying the law when they assigned custody to the father because the custody was entitled to the mother who, after her divorce, gave birth in France and took care of her newborn, while the father did not oppose that, but only asked to drop the alimony. They considered that this did not violate the custody conditions that are stipulated in Article 62 of the Family Law.[21] On the other hand, although the legislator provided the judge with several mechanisms to ascertain the interests of the fostered child, he, however, left the discretionary power to him. This allowed the judges, and even the courts, to resort to that discretionary power in completely different manners. This may lead to discrepancies in the rulings on the issue of dropping custody for the marriage of the custodial mother. It should be noted that, sometimes, the interests of the foster child are not taken into account and are completely neglected. Furthermore, one has to mention that the defendant, who in this case is the custodial mother, can prove, in turn, that it is highly important to let the fostered child under her care, particularly when the child is too young or is an infant, and that taking him away from her may cause him psychological harm. She may also argue that the child has a disability or handicap that makes his custody difficult for anyone other than his mother.[22] In addition, if the child goes to school, the mother can refer to his school results and highlight the good grades he gets, which indicates she is keen on his success and she is the only one who can take care of him in the best way. Therefore, the discretionary power of the judge remains in all cases. Indeed, if he decides to keep the custody with the mother, then the father will be exempted from paying the rent dues. Nevertheless, if a judgment is issued to drop custody, then it will be assigned to the applicant, and the mother is then granted the right to visitation. Second: The extent to which custody can be recovered by the mother after her divorce from the non-mahram foreign husband or following his death. In fact, many cases have been raised regarding the custodial mother\u27s recovery of custody of her child after her divorce from a non-mahram foreigner or following his death. This must obviously be proven by a divorce judgment issued by the court or by the husband’s death certificate. Then, the mother files a lawsuit in order to restore her right to custody.[23] How permissible is that? 1- Disappearance of the reason for forfeiting custody With reference to the provisions of the Algerian Family Code, and particularly in Article 71, it is asserted that the Algerian legislator provides for the possibility of returning the right to custody once the non-voluntary foregone reason has disappeared. In the sense of violation, this signifies that there are some optional reasons for which the right to custody cannot be recovered after its demise. The lack of interpretation of that issue by the legislator engendered some ambiguity in the matter, which generally requires reference to the provisions of Islamic Sharia. In this regard, the Maliki jurisprudence makes a distinction between the reasons for optional custody invalidators or nullifiers, as these reasons have a significant effect on the person’s decision to achieve it. Some of these reasons can be the marriage of the custodial mother or the relinquishment of custody. However, the reasons for non-voluntary custody invalidators or nullifiers are those that are achieved without the person’s will, such as illness or disability.[24] Based on the aforementioned, one may wonder about the position of Algerian jurisprudence in this respect. 2- The position of the Algerian jurisprudence regarding the extent to which the mother can regain custody of her child It is worth emphasizing that the judicial decisions issued by the Supreme Court, with regard to the interpretation of the non-voluntary reason, have varied. In fact, this was previously considered as a non-voluntary reason for the divorce of the custodial mother from a non-mahram foreigner. In this case, the custody of the girl was assigned to her mother after she filed a lawsuit for the attribution of custody again, and the Supreme Court considered that the Council judges applied the law properly.[25] By founding the decision on that, they would have made the distinction between the marriage of the custodial mother to a non-mahram relative as an involuntary dropout reason, and the relinquishment of custody, which is considered as a purely voluntary reason that prevents the mother from regaining custody after retracting from it. Nevertheless, jurisprudence has recently been explicit in conditioning the marriage of a custodial mother to a non-mahram foreigner, among the optional reasons. It indeed ruled in a decision issued in 2017 that the principle is about returning custody once the non-optional reason has disappeared. Among these reasons, one may mention the sickness, temporary disability, or residence abroad for a legitimate reason.[26] Conclusion It is widely admitted that today child custody deals with a social fact that stems from the separation or disintegration of the family, whether through a divorce or the like. Its high-quality organization requires the drafting of legal texts that are related to all its aspects while ensuring the proper application of these texts. In addition, the fact that the legislator gives the discretionary power to the judge to assess the interests of the child under custody is quite logical, because the facts related to the issue of custody raised here differ from one case to another. The judge must actually identify the interests of the fostered child through mechanisms that he is authorized to apply. Based on the above, the following recommendations can therefore be proposed: - The legislator should stipulate that the marriage that forfeits custody is the legal one that is clearly established in the civil status register. - The legislator has to prevent jurisprudence divergence in deciding about the issue of regaining custody after the divorce of the custodial mother from a non-mahram husband or his death, while taking into account the interests of the fostered child. - The legislator should specify the date for calculating the year for the loss of custody for those who have the right to request it, as stipulated in Article 68 of the Family Law. - A custodial mother who is married to a non-mahram relative must excuse the husband from changing the place of custody exercise so that he can exercise his right to visitation. Otherwise, she can be pursued based on the misdemeanor of deporting the fostered child and not handing him over to the one who has the right to do so, according to Article 328 of the amended and supplemented Penal Code. - The Indonesian legislator must reconsider the issue of giving the fostered child to choose his custodian once he reaches the age of 12, because a 12 years old child does not have sufficient awareness that enables him to know his interest.   Bibliography Books: Othman Al-Takrouri - Explaining the Personal Status Law - Dar Al-Fikr for Culture, Publishing and Distribution in Jordan (1990) Articles: Boubaker Khalaf - The interests of the fostered child - A comparative jurisprudence study - Journal of Human Sciences, Issue 44 at Mohamed Kheidar University in the city of Biskra in Algeria (2016). Bousabeat Sawsan - Protection of the fostered child between the unfairness of the legislative texts and the jurisprudence of the family affairs judge - Journal of Human Sciences, Volume 31, Issue 04 - University of Mentouri Brothers in the city of Constantine in Algeria (2020). Adel Aissaoui - The discretionary power of the judge in determining the interests of the fostered child in accordance with the Supreme Court jurisprudence - Annals of the Univer

UPDATING AND HARMONIZING LEGISLATION: A PROACTIVE STEP IN COMBATING TRANSNATIONAL ORGANIZED CRIME

Organized crime has emerged as one of the most formidable challenges globally, existing as an unavoidable reality with such severe implications that the international community is compelled to unite efforts to counteract it. Its intricate criminal structures and the multiplicity of its criminal activities characterise it. Owing to its pervasive influence across various crucial sectors, notably the economic, security, and social realms, many nations have been overwhelmed by their inability to tackle it independently, thus underscoring the urgent need for innovative mechanisms to mitigate its adverse impacts and ramifications. Therefore, updating and approximating legislation is an essential proactive step to combat organized crime by providing modern legal tools that allow the security and judicial agencies to keep pace with the evolving methods of this crime, starting with formulating a comprehensive definition of organized crime that includes all its components and characteristics, and enacting laws that criminalize all organized criminal activities, such as Drug trafficking, money laundering, and human trafficking, enacting other laws that allow the confiscation of profits from organized crime and their reuse in anti-crime programs, and establishing mechanisms to enhance cooperation between security and judicial agencies and other government bodies. Keywords: Organized Crime, Preventive Action, Repressive Action, Updating and Harmonizing Legislation   Introduction Organized crime represents an acute threat to both national and international security and stability, effectively assaulting state sovereignty by undermining and potentially demolishing social and economic institutions. It obstructs development, misdirects economies from their intended trajectories, and inflicts harm globally. The advent of economic globalization, coupled with advancements in communication and transportation technologies, has notably facilitated the expansion of organized crime networks across borders, enhancing the variety of criminal activities they engage in. Organized crime is by no means a novel phenomenon; it has been acknowledged for an extensive period, originating with the mafia and organized gangs in America from the start of this century. However, since the latter half of the century, as Europe began assimilating the American socio-economic model, American influences have markedly shaped European life, bringing the organized crime scenario in Europe into closer alignment with that of post-World War II America. As a result, developing nations such as Afghanistan, India, Egypt, and Iraq have become highly susceptible arenas for the deleterious effects of organized crime.[1] Considering the escalation of violence, corruption, bribery, and the inclination towards unlawful vengeance, the significance of addressing organized crime is apparent both theoretically and practically. Theoretically, the discourse on organized crime pertains to a global understanding of criminality and the adverse effects organized crime imposes on developing countries vulnerable to security breaches and exploitation. From a practical and operational viewpoint, organized crime involves activities crucial to both national and global economies, potentially jeopardizing these economies through illicit associations and activities such as narcotics and arms trafficking, trade in human organs, and money laundering. The tangible increase in organized crime’s magnitude has been emphatically highlighted at various United Nations summits, particularly concerning the deregulation of international trade.[2] Organized crime has been labelled variously as predatory crime, criminal syndicates, or criminal organizations. Irrespective of the terminology used, the essence remains constant, leading to an enfeebled economy, societal disintegration, pervasive administrative corruption, and political dependence. Such dynamics pose grave threats to state sovereignty and may even jeopardize their existence. Given its detrimental aftermath and impact across diverse sectors, especially the economic and security domains, which affect the foundational values of society, numerous countries find themselves incapable of combating it unilaterally, thus necessitating the exploration of alternative strategies to eradicate its enduring effects and residues. Consequently, this raises a pivotal question: How effective is the modernization of legislation as a preemptive strategy in combating organized crime? To draw this study to a close in its comprehensive form, the analysis relies on a binary division structured around the following elements: The conceptual framework of organized crime. The extent of the effectiveness of approximating and updating legislation in combating organized crime.   1. The Conceptual Framework for Organized Crime The designation “organized crime” does not merely refer to a category of crime identifiable by name, such as bribery, but rather describes a set of criminal activities distinguished by specific attributes. These crimes share elements and conditions unique to each, unified by the gravity of their offenses and the structured manner in which their perpetrators operate. Detailed discussion of this aspect follows below. 1.1.Definition of Organized Crime Organized crime impacts more than just the internal security and tranquility of nations; it extends its reach to affect international security and the global community’s peace. Its severity is such that despite extensive scholarly discourse, a definitive and universally accepted definition has eluded consensus.[3]  This lack of agreement has spurred international organizations to propose their own definitions to encompass its various manifestations for effective criminalization and subsequent countermeasures.[4] A pivotal definition provided by Article 2, paragraph “a”, of the United Nations Convention Against Transnational Organized Crime states: “An ‘organized criminal group’ shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offenses established in accordance with this Convention, to obtain, directly or indirectly, a financial or other material benefit”.[5] 1.2.Characteristics of Organized Crime The defining characteristics of organized crime include: 1.2.1.Planning and Organization The elements of planning and organization are fundamental to organized crime, which sets it apart from simpler, opportunistic crimes that lack systematic planning ensuring success and sustainability. Organized crime is marked by a sophisticated human and material structure tailored to its perilous criminal undertakings. 1.2.2.Professionalism Professionalism in organized crime involves adequate maturity and experience, the employment of cunning tactics, a commitment to criminal pursuits, and a willingness to make sacrifices to further these illegal activities.[6] 1.2.3.Commitment to the Internal Order of the Group Members of organized criminal groups are expected to show unwavering loyalty to their leader or boss, adhering strictly to his commands without question. This includes demonstrating their capability to lure others into unlawful situations, thereafter isolating themselves and tackling any challenges through extensive use of harassment, defamation, and violence, potentially escalating to physical elimination. Such actions are carried out under a regime of blind obedience, devoid of any moral conflict.[7] 1.2.4.Complexity The complexity of organized crime is apparent through its meticulous hierarchical structure among participants, astute manipulation of material and human resources, and the extensive array of tactics available to evade detection. 1.2.5.Substantial Profit Organized crime operates on an international scale with the primary aim of amassing significant and swift profits, far outpacing those attainable through legitimate business operations. These illicit earnings are subsequently laundered to obscure their unlawful origins before being reintegrated into the economy as seemingly legitimate assets.[8] 1.3.Domains of Organized Crime Organized crime spans a vast array of domains, which are extensive and diverse. These include trafficking in human beings, also known as white slavery, drug trafficking, arms trafficking, child trafficking, as well as trafficking in antiques, artifacts, cultural, and intellectual properties. Additional areas involve human smuggling, illicit disposal of nuclear waste in developing countries, money laundering, currency forgery, car theft, credit card fraud, and various forms of cybercrimes. The scope of these activities is broad and the profits are significant, making it difficult to envision any lucrative domain that does not attract the involvement of organized crime groups.[9] 1.4.Factors Contributing to the Emergence and Spread of Organized Crime Several factors contribute to the rise and proliferation of organized crime, which include: 1.4.1.Free Market System The free market system provides expansive opportunities for commercial activities, presenting significant opportunities for organized crime groups to conduct operations that escape regulatory oversight. This phenomenon became particularly pronounced following the dissolution of the Soviet communist regime, which had previously imposed strict economic controls.[10] 1.4.2.Weak and Corrupt Criminal Justice System When the criminal justice system is perceived as ineffective or corrupt, it erodes public trust in its capacity to enforce the law fairly. This disillusionment often drives individuals, especially those from unclassified or politically marginalized groups, towards seeking justice or resolution through organized crime networks, which appear more effective or accessible.[11] 1.4.3.Social Decay A complete disintegration of social and legal norms leads to an increase in crimes such as prostitution, drug trafficking, gambling, and forgery. Contributing to this decay are the collapse of traditional values and morals, the pursuit of quick profits by any means, the deterioration of educational systems, rising rates of illiteracy and unemployment, widening gaps between social classes, and discrimination based on political, regional, ethnic, or sectarian differences. The weakening of family bonds further exacerbates this decay, creating fertile ground for the spread of organized crime. 1.4.4.Administrative Corruption When administrative systems are riddled with corruption and bribery, it enables organized crime groups to manipulate or control government bodies. 1.4.5.Wars Wars disrupt the normal functioning of constitutional governance and legal systems, creating environments conducive to the illicit trade in weapons, intellectual property, and cultural artifacts. Such conditions are prevalent in many conflict-ridden Arab countries, where the breakdown of order provides a perfect opportunity for organized crime to flourish.[12] 1.4.6.Non-integrated Minorities Minority groups that find themselves in conflict with prevailing political systems often strive to maintain their original national identities. In doing so, they may establish security and social barriers to protect themselves from state oppression. To support these efforts, they frequently rely on external aid, which may include alliances with organized crime groups that provide necessary resources or interventions within society.[13] 1.5. Globalization of Organized Crime In no prior epoch has such a vast number of individuals worldwide possessed as much awareness of international events and the distinctive traits of different peoples as they do in the current era. Today, the global population can tap into an unprecedented wealth of information through a plethora of media and communication technologies, of which the Internet is a pivotal component.[14] However, it is deeply regrettable that these platforms of knowledge, which have the potential for purely legitimate use, are increasingly commandeered by organized crime syndicates. These groups cunningly exploit these technologies for illicit purposes.[15] The paradigm shift in criminal activity from physical to intellectual effort marks a significant evolution in the nature of crime. Today, a criminal proficient in digital technologies can remotely infiltrate bank accounts, execute transactions, and purchase goods with other people’s money. They can also engage in sophisticated cybercrimes, such as credit card fraud, which poses severe risks to the economic stability and security of nations.[16] The rapid advancements in communication technologies, notably the Internet and electronic media, have endowed organized crime with a distinctly transcontinental character. Traditional geographical and political boundaries have become virtually irrelevant as criminal enterprises operate on a multinational scale. The orchestrators of these crimes can operate across multiple countries, coordinating actions that are executed globally. This technological prowess, combined with a regulatory environment characterized by economic and social liberties that verge on anarchic, and the generally weak oversight mechanisms, substantially facilitates the operations of organized crime.[17]  These elements enable them to achieve their nefarious objectives with little risk of detection, leaving virtually no evidence that could be traced back to them.[18] 2.The Effectiveness of Modernizing and Harmonizing Legislation in Combating Organized Crime Organized crime entities boast international expertise, proficiency, and a criminal culture adept at crafting effective strategic plans. They exploit disparities in criminal legislation across countries, leveraging the variances spawned by diverse political, economic, and cultural systems. Additionally, the uneven development of economic systems across nations allows the material components of crimes to be executed transnationally, thereby complicating enforcement and punishment. Assuming that punitive measures can be effectively applied, this would necessitate a minimum degree of legislative harmony among the various national laws.[19] Thus, there is a compelling need for countries to modernize and align their legal frameworks to bolster the efficacy of both preventive and repressive measures against organized crime. The term “legislative system” encompasses a set of written legal rules established by the relevant authorities within a state to regulate the interactions of individuals within society. This system may include constitutional, organic, ordinary, or secondary legislation enacted by legislative or executive powers and applicable across various domains such as constitutional, civil, commercial, criminal, administrative law, and more, at both international and domestic levels.[20] Legislation is inherently advantageous because it responds dynamically to the shifting demands of society. Its ease of creation, amendment, and repeal allows it to adapt swiftly to new social and economic circumstances. Moreover, the legislation serves as a vehicle for societal reform and advancement by incorporating modern systems, embracing new principles, or adapting successful practices from other nations deemed beneficial by state reformers and thinkers.[21]  The clarity with which legislation is drafted also aids individuals in understanding their rights and responsibilities, thereby providing a level of transactional stability and security.[22] These attributes refute any notion of legislative rigidity or sanctity and dispel concerns that prevailing authorities could manipulate it for self-serving ends. This perspective is supported by legislative reforms in numerous countries, including France, where legislation has evolved significantly to remain aligned with contemporary realities and intellectual developments.[23] In this context, it is crucial to confront organized crime by continuously updating and harmonizing legislative frameworks to ensure the effectiveness of preventive and repressive strategies on national and international levels. 2.1. Ensuring Preventive Action Against Organized Crime Given the diversity of causes and motivations behind organized crime, it is imperative that the evolution of legislative frameworks encompasses all facets of society. 2.1.1. In the Security Field The security apparatus within any nation serves as the practical arm of enforcement for existing legislation and is intrinsically linked to the strategies for countering organized crime. Therefore, nations must avoid restrictive legislation that fails to evolve in response to the changing dynamics of crime, particularly organized crime.[24] This type of crime impacts the security of all nations, threatening their integrity and sovereignty. Consequently, there is a compelling need for countries to collaborate and forge new international cooperation mechanisms under the auspices of both regional and global organizations.[25] This includes the formation of international treaties that allow for the criminalization of diverse criminal activities through specific legal provisions tailored to impose unique criminal sanctions. These agreements must clearly define the material and moral components of crimes to eliminate any ambiguity about the criminal intent and actions of the offenders.[26] Possible security measures to enhance the level of security include:[27] Broadening the reach of criminal laws to combat organized crime and empowering national legislations through international treaties to pursue criminal elements across borders in collaboration with the implicated countries. This approach represents an exception to the principle of the territoriality of criminal law and applies the principle of international solidarity in combating global crime. Facilitating coordination between security forces and high-tech companies to ensure that security personnel are informed about the potential criminal use of technological means. Establishing operational units affiliated with international police that are technically and administratively equipped to conduct investigations and pursuits. Additionally, creating specialized international units focused on international crime, with interconnected branches across all member states, tasked with research, investigations, scientific analysis, and aggregating and disseminating information that can be exchanged among member nations.   Establishing governmental institutions that legislate and enforce these preventive measures will not only potentially eradicate the phenomenon of organized crime but also enhance the respect and legitimate status of these nations among their citizens and the international community. 2.1.2. In the Economic Field The economy is a primary driver of national development and consequently influences international relations. Control over economic policy is tantamount to control over international strategic decisions.[28] Conversely, a nation that is unable to stabilize its economic environment is susceptible to external domination, whether by foreign states, international organizations, organized crime syndicates disguised as multinational or tourist corporations, or other entities that ostensibly conduct legitimate operations but generate illicit revenues.[29] Recognizing that reform starts from within, to combat organized crime at the economic level, nations should implement a range of measures, including:[30] Reducing taxes and fees for citizens to prevent the erosion of their financial resources is particularly important as most citizens have limited incomes. This measure should be counterbalanced by increasing the tax burden on wealthier and more influential individuals to lessen the pronounced economic disparities that may push the less affluent towards organized crime as a means of asserting their rights. Enhancing the living standards of citizens through equitable redistribution of the national wealth surplus. This approach aims to combat poverty effectively and block any exploitation of citizens’ deteriorating economic conditions for recruitment into organized criminal activities such as human trafficking or instances where individuals are compelled to sell their children for sexual exploitation or organ harvesting. Enabling the monitoring and tracking suspicious financial transactions and pursuing funds with unclear origins, even those within secretive digital accounts. Additionally, overseeing the economic and commercial activities of individuals associated with these accounts to deter their involvement in organized criminal endeavours. 2.1.3. In the Social Field Social cohesion is indispensable in the battle against organized crime. Society’s confidence in itself, rooted in the respect for its rights and freedoms and the earnest fulfilment of its responsibilities, is key to unlocking its potential and propelling it to higher societal levels. Several strategies can be implemented to foster this cohesion, including:[31] Actively combating social and moral malaises by enforcing a framework of esteemed principles. These include the “principle of reward and punishment”, the “principle of responsibility”, and the “principle of reciprocity between rights and duties in the relationship between individuals and the state”. This framework ensures that every individual receives their due rights without bias or detriment and fulfils their obligations fully without circumvention or diminishment. Providing employment opportunities for all capable individuals to alleviate the unemployment crisis and offering education to eradicate illiteracy are crucial steps. Maintaining public health through accessible and affordable medical care is also vital, as these measures are among

PENGARUH MOTIVASI TERHADAP MINAT MAHASISWA AKUNTANSI UNTUK MENGIKUTI PENDIDIKAN PPAk : STUDI KASUS MAHASISWA AKUNTANSI STIESIA DAN STIE PERBANAS

INTISARI Penelitian ini bertujuan untuk menganalisis dan memberikan bukti empiris mengenai pengaruh motivasi kualitas, motivasi karir, motivasi ekonomi, dan motivasi gelar terhadap minat mahasiswa akuntansi setelah menempuh sarjana atau strata-1 untuk mendaftar program PPAk. Analisis data dilakukan dengan menggunakan data primer atas jawaban kuesioner dari mahasiswa akuntansi. Yang respondennya adalah mahasiswa akuntansi STIESIA dan STIE Perbanas Surabaya yang berjumlah 173 responden, kemudian dianalisis secara kuantitatif yakni analisis deskriptif dan analisis regresi berganda secara elektronik. Analisis data menggunakan analisis regresi linier berganda. Hasil penelitian menunjukkan motivasi kualitas, motivasi karir, motivasi ekonomi, dan motivasi gelar terhadap minat mahasiswa memiliki pengaruh yang signifikan terhadap minat mahasiswa akuntansi untuk mengikuti Pendidikan Profesi Akuntansi (PPAk). Kata kunci: motivasi kualitas, motivasi karir, motivasi ekonomi, motivasi gelar, minat mengikuti pendidikan PPAk.ABSTRACT This research is aimed to analyze and to provide empirical evidence about the influence of quality motivation, career motivation, economic motivation and degree motivation to the interests of accounting students who have been through bachelor degree or S1 to enroll to the PPAk program. The data analysis has been done by using primary data based on the questionnaires which have been filled in by the accounting students. The respondents are all accounting students of STIESIA and STIE Perbanas Surabaya as many as 173 respondents, then it is analyzed quantitively it means that descriptive analysis and multiple regression analysis has been conducted electronically. The data Anaylsis has been done by using multiple linear regressions analysis. The result of the research shows that the quality motivation, career motivation, economic motivation and degree motivation to the interest of students have significant influence to the interest of accounting students to join the PPAk progra

Essais d’élaboration d’une compote de fruits à base de l’arbousier (arbutus unedo L) par plan de mélange

Arbutus unedo L, dénommé communément arbousier, est une espèce connue pour son importance écologique et économique. Elle est d’un grand intérêt dans le maintien de la biodiversité, ce qui fait que sa préservation s’impose avec acuité actuellement. L’objectif de ce travail vise la valorisation de l’arbouse par la formulation d’une compote pour bébé. L’analyse sensorielle de la compote est réaliser en se basant sur les critères suivant : La couleur,le goût, la texture, l’odeur, saveur sucré, saveur acide, l’amertume et la granulation. La préparation de la compote est réalisée à l’échelle du laboratoire en respectant les pourcentages du plan de mélange. Les jurys de dégustation sont appréciés 04 premier produits par rapport aux dix échantillons. ➢ B (arbousier 00%, pomme 100%, orange 00%) ➢ J (arbousier 17%, pomme 17%, orange 66%) ➢ C (arbousier 00%, pomme 00%, orange 100%) ➢ I (arbousier 17%, pomme 66% orange 17%). Mais les résultats de plan de mélange selon le critère couleur et gout indiquent que : la recette contenant 100%pomme est en première position, deuxièmement J (arbousier 17%, pomme 17%, orange 66%) et troisièmement I (arbousier 17%, pomme 66% orange 17%

Data Transmission Plan Adaptation Complementing Strategic Time-Network Selection for Connected Vehicles

Connected vehicles can nowadays be equipped with multiple network interfaces to access the Internet via a number of networks. To achieve an efficient transmission within this environment, a strategic time-network selection for connected vehicles has been developed, which plans ahead delay-tolerant transmissions. Under perfect prediction (knowledge) of the environment, the proposed strategic time-network selection approach is shown to outperform significantly leading state-of-the-art approaches which are based either on time selection or network selection only. Under realistic environments, however, the efficiency of planning-based approaches may be severely compromised since network presence and available capacities change rapidly and in an unforeseen manner (because of changing conditions due to the uncertainty in car movement, data transmission needs and network characteristics). To address this problem, a mechanism is proposed in this paper that determines the deviation from the anticipated conditions and modifies the transmission plan accordingly. Simulation results show that the proposed adaptation mechanisms help maintain the benefits of a strategic time-network selection planning under changing conditions.pu

Selection platforms for directed evolution in synthetic biology

Life on Earth is incredibly diverse. Yet, underneath that diversity, there are a number of constants and highly conserved processes: all life is based on DNA and RNA; the genetic code is universal; biology is limited to a small subset of potential chemistries. A vast amount of knowledge has been accrued through describing and characterizing enzymes, biological processes and organisms. Nevertheless, much remains to be understood about the natural world. One of the goals in Synthetic Biology is to recapitulate biological complexity from simple systems made from biological molecules – gaining a deeper understanding of life in the process. Directed evolution is a powerful tool in Synthetic Biology, able to bypass gaps in knowledge and capable of engineering even the most highly conserved biological processes. It encompasses a range of methodologies to create variation in a population and to select individual variants with the desired function – be it a ligand, enzyme, pathway or even whole organisms. Here, we present some of the basic frameworks that underpin all evolution platforms and review some of the recent contributions from directed evolution to synthetic biology, in particular methods that have been used to engineer the Central Dogma and the genetic code