The interrelation of exports laws and the regulation authorities is very close and collectively intertwined. The ideas that have motivated the establishment of regulatory control in export are the same ideas that have influenced the creation of over sight authorities. The fact remains however that laws do have a strong dependence on the enforcement authorities and with such points well noted it does look like laws cannot exist without authorities to enforce them. With all said and done however and all factors considered, the essence of export control laws has not changed. The aim of the laws is not to make exporting logistically complex but actually to make the system fair and secure.

The reason why regulatory and oversight bodies have formed a very core unit in dealing with illegal exports is simply because they have the mechanism to do so. Many export laws enforcement agencies as much as they are professional are marked by very good team of experts. In this diversity of professionals there are quite a number of people and the effectiveness of the agencies in making sure that export control laws are enforced cannot be doubted. The reality is that the establishment of such agencies and bodies is based on concrete legislative procedure and the power granted by law to such bodies is very significant in the work they do.

With a very strong call in the international front for governments to take charge in what goes out of their control the upsurge of control laws has been highly witnessed. However in many situations most countries in pursuance of furthering their own economic interest have backed down on their international obligation. For a private investor this cannot be even an option, export control laws apply with the most effective way possible with good and effective regulatory bodies, the playing field as far as exporting is concerned in fairly and truly leveled.

Given the bank is an institution, the trust then the supervisory functions that exist in all banks is to develop a mechanism of protection of bank customers. This is what is lacking in the banking system in Indonesia. Actually, not only in Indonesia, even a country the size of the U.S. also recently developed a specific institutional banking supervision for the protection of customers. Without it the competitiveness of the banking system in the U.S. will suffer a setback, especially the economic crisis continues to haunt the country’s economy.

In many cases that often happens in develop country, customer protection system is still not well institutionalized. So do not be surprised if any adverse appearance of fraud cases bank customers, who blamed and punished the bank, rather than focus their efforts on customer protection.

In a competitive economic system, based on the Theory of Calabresi and Heath, Jarrow, and Morton, the cost of compensation to minimize losses due to banking crimes should still be. It does not matter, whether it is paid by the bank concerned, insurance, customer protection agency, or even the government budget.

This is where the importance of customer protection which must be well organized so that coordination of payment will result in economies of scale, as described by Scott Dressler. Dressler, in the Economies of Scale in Banking, Confidence Shocks, and Business Cycles prove the importance of economies of scale in creating public confidence due to pressures of the business cycle.

Public trust that is not fundamentally affect the banking intermediary function, necessitating the intervention of monetary authorities with monetary policy approach. However, monetary policy will only be effective if the information provided is perfect.

Economies of scale in the banking world will not be effective in addressing the crisis of confidence if the information is not available either. With the information that is not symmetric then the public will get a bad signal, so that the public was getting the banks that actually the quality is also bad. This is where the role of monetary authorities to disclose information to the public about the banks that do not pay the compensation due to crimes committed by the employees themselves.

Nope it isn’t, most criminal cases in crimes banking involve inside men. Ironically, in cases like that, which first became the focus of attention is the bank. The banks were targeted for blame, while customers who become victims of crime just often overlooked.

In scientific work, entitled The Cost of Accident: Legal and Economic Analysis, Calabresi discusses in detail the crime (fraud) in economic activity, particularly in the banking world. His analysis became the basis of the theory of economics and law relating to banking crimes.

Base on Tort Law, crimes which are micro or individual from an economic standpoint is not a primary target, but the aggregate losses, ie the combined loss of actual and potential losses that may occur. To achieve an aggregate loss of data, case by case basis with the disadvantages of crime must also be calculated.

This is necessary so that the cost required to cover losses from banking crimes can be known with certainty. Banking cases involving bank employees would always have implications for the payment of compensation to customers of the bank itself. If the crime had reached the systemic risk, the payment mechanism had to be done through the mechanism of state budget revenues and expenditures.

Crimes involving the Irish banking sector in the property business is one of the proof. In the United States, its government was forced to investigate specific crimes in the banking sector so that no systemic risk of this happening. For the micro level does not pose a systemic risk analysis related to the reduction in costs due to public distrust of banks.

Not a few banking crimes happen due to the behavior of its own employees and those banks have to pay damages suffered by its customers. Countries such as Singapore, Hong Kong, Switzerland and even Britain and the U.S. tend to indemnify customers who own employees resulting from the action. Unless the bank is insolvent then the compensation for damages done by a specialized institution clients, such as escrow deposits (FDIC) in the U.S..

Later we’ll discuss about bank clients protection against banking crimes

Mediation is one form of dispute resolution options, which is commonly known in the civil law. Penal mediation to be one alternative to solve this problem. Penal mediation is no longer merely for minor criminal cases, but also felonies such as rape and murder. Penal mediation is a way to avoid juvenile of the criminal justice process.

Penal mediation has advantages such as flexibility, speed of resolution, low cost, and the power of the parties to determine the deal to be achieved.

However, the handling of the case must be distinguished from the way children treat adults. Legal experts and policy makers have long thought of ‘alternative intervention’ is better suited to handle the juvenile. When committing a crime, the child is deemed not psychologically independent, nor a miniature adult. Children who become perpetrators of crime can also be viewed as a victim. Thus, restorative justice, with its variations – be one of medicine has to offer.

Restorative justice focusing justice for victims as you wish and personal interests, still remains to make perpetrators accountable for crimes that he did. Restorative justice offers recovery for all parties involved. Law enforcement officers, perpetrators, and victims may agree to transfer the case to avoid criminal brought to justice if the perpetrators are children. As much as possible in any case handling process, all parties to make the child feel comfortable. Criminal court should be a last resort.

As closure conclusion, although in several countries there are juvenile court, but meditation is still the best solutions, for children, and it wont make some scar on their life experience as well.

This has been described as an ‘indirect enforcement system’ whereby international criminal law is to be enforced through
national systems. National prosecutions are not only the primary vehicle for the enforcement of international crimes, they are also often considered a preferable option – in political, sociological, practical and legitimacy terms – to international prosecutions.

But although the world vowed after the Second World War never again to allow such atrocities to occur, they continue to be committed in many places around the world and domestic prosecutions are sparse. Indeed, the international criminal jurisdictions are an answer to the impunity that generally exists domestically.

War crimes have been regulated in domestic law the longest and have been prosecuted most often. Early examples are prosecutions with respect to the American Civil War in the 1860s and Anglo-Boer Wars in the late nineteenth and early twentieth centuries. The quite reluctant prosecutions in Germany and Turkey after the First World War, the Leipzig trials and the Istanbul (Constantinople) trials in the 1920s, related to war crimes and were conducted under domestic laws.

Second WorldWar crimes have also been prosecuted elsewhere, most notably by Israel. The seminal Eichmann case addressed not only important issues of jurisdiction, including the exercise of jurisdiction upon abduction of the accused from another State, but also criminal defences (superior orders and the ‘act of State’ doctrine) and the principle of non-retroactivity of criminal law.

Conflicts after the Second World War did not produce many national criminal proceedings. A few examples are the US court martials concerning the infamous My Lai massacre during the Vietnam War, albeit for domestic rather than international crimes, some cases in Romania and Ethiopia where reference was made to ‘genocide’, a show trial in Cambodia of Pol Pot and the Khmer Rouge in 1979, and preparations for prosecutions of crimes committed during the 1971 Pakistan–Bangladesh war.

The trend has extended beyond these two conflicts. A number of cases, often based on private complaints, have commenced in domestic courts, particularly in Europe, regarding different conflicts all around the world.