COMPLETION OF KIM JONG NAM ASSASINATION CASE

INTRODUCTION

Citizens are the original inhabitants of the country and other nationals who are
endorsed in accordance with the country's national legal rules and who bind a person to
their country are citizenships established by each national law although determining
one's citizenship is usually the authority of a country, international law Since the end of
World War II, special attention is paid to individuals, especially those relating to the
protection of the rights of citizens in a country, especially regarding citizenship, in
various international instruments, it is often emphasized that a person's right to obtain
citizenship and the prohibition of revoking all one's citizenship.1

The state is the main subject of international law, starting with the constitutive
elements needed for the formation of a state which is a permanent population, a certain
territory, a government and sovereignty. The state is a subject of international law that
has rights and obligations under international law. 2 The aim of international law is to try
to create a fair system of international relations, but in subsequent developments (for
example, in the rules of the State's responsibility regarding the misuse of justice). 3 Of
the many definitions raised by experts, there is a standard standard or traditional
element of an entity to be named as a state listed in article 1 Montevidio (Pan American)
The Convention on Rights and Duties of State 1933 is a convention governing the rights
and duties State, in that article which reads as follows:

"Countries as subjects in international law must have":

1. Permanent residents
2. Certain regions
3. Government
4. Capacity to deal with other countries.4

1
Boer Mauna, Hukum Internasional pengertian Peranan dan Fungsi dalam Era Dinamika Global,
Bandung:PT Alumni, 2010, hlm 18
2
Mochtar Kusumaatmadja, Pengantar Hukum Internasional, Bandung:, 2003, hlm 97
3
J.G Starke, Pengantar Hukum Internasional(edisikesepuluh), Jakarta: SinarGrafika 2005, hlm 6
4
Jahawir Thontowi dan Pranoto Iskandar, Hukum Internasional Kontemporer, Bandung: PT Refika
Aditama, 2006, hlm 105
 From the qualifications above, the ability to deal with other countries is an
important feature, because the ability to deal with other countries in the international
community is a proof of the country's ability to participate in the process of
international relations and international politics as well as recognition of the country's
ability to maintain its territorial integrity.5
Starting from the desire that the importance of relations between countries, it is
necessary to have a rule of law to oversee the behavior of a country and state
representatives. History has recorded and proved that long before the nations of the
world knew and practiced the practice of diplomatic relations, in ancient Indian times
there were known provisions or rules governing relations between kings or kingdoms,
where the laws of the nations at that time also knew what is called an ambassador.6
Implementing these international relations representatives will naturally be
placed in another country that has a cooperative relationship with that country, which
will take care of all the interests of its country. These state representatives are political
and non-political, political state representatives are referred to as diplomatic
representatives while non-political state representatives are called consular
representatives.7
Apart from that, there are still many cases of sending citizens that occur in
receiving countries in terms of protecting the interests of citizens abroad diplomats and
consular are very important role to participate in resolving cases and disputes that are
befalling citizens abroad, one of which is the act criminal. International law is the real
law but it is indeed a primitive law. This is especially so because the reaction to offense,
the execution of sanctions, is left to the country itself, the real subject whose rights have
been violated, and not delegated to a central organ as a national legal provision.8
International law also recognizes that violations committed by a person that are
criminal in nature and harms one of the parties inhumanely, is part of a violation of
5
Setyo Widagdo dan Hanif Nur Widhiyanti, Hukum Diplomatik dan Konsuler, Malang: Bayu Media, 2008,
hlm 185-186
6
Syahmin, Hukum Diplomatik, Jakarta: Rajawali Pers, 2008, hlm.13
7
Ibid, hlm.3
8
Hans Kelsen¸ Dasar-dasar Hukum Normatif Prinsip-prinsip Teoritis untuk mewujudkan Keadilan dalam
Hukum dan Politik, Bandung: Nusa Media, 2009, hlm 26
human rights (Human Rights) has been regulated in the Universal Declaration of
Human Rights (UDHR) is a statement that is recommended to be adopted by the
General Assembly of the United Nations (UN), on December 10, 1948 at the Palais de
Chaillot, Paris. The following are the contents of the general statement on Human
Rights Articles (1) to (5), including that each person has the right:
1. Life
2. Independence and security of the body
3. Recognized his personality
4. Obtaining the same recognition according to law to obtain legal guarantees in
criminal cases, as publicly examined, is considered innocent unless there is
valid evidence
5. Entering the territory of a country.9
In this case, we can see an example of a case involving a criminal offense
committed by a sending citizen in a recipient country, namely a case experienced by an
Indonesian citizen in the country of Malaysia, named Siti Aisyah who is an Indonesian
citizen, the name Siti Aisyah appears suddenly after the opening of the Kim Jong-nam
murder case, the half-brother of North Korean leader Kim Jong-un. The woman who
was born in Serang is suspected to be a murderer. Together with Vietnamese women
and Malaysian men, three people have been arrested in connection with this case, Siti
Aisyah was charged with murdering Jong-Nam with poison in the middle of the crowds
of Kuala International Airport (KLIA) on February 13, 2017. The poison used was as a
weapon of mass murder by the United Nations and prohibited from using it throughout
the world, Siti Aisyah and her colleagues who were involved in carrying out the killings
were charged with murder according to article 302 of the Malaysian Penal Code. If
convicted, both face the maximum sentence of death by hanging.10
But in this case, the Minister of Foreign Affairs of the Republic of Indonesia
communicates with the Malaysian Minister of Foreign Affairs (Saturday, February 18,
2017). In the discussion, Indonesian Foreign Minister Retno Marsudi, emphasized

9
Universal Declaration of Human Rights, Isi Pernyataan Umum Tentang Hak Asasi Manusia
10
http://m.detik.com, pembunuhan kakak tiri Kim Jong-Un/diakses Jumat 06 Mei 2020
Indonesia's request to gain Consular access to Siti Aisyah who was allegedly involved
in the murder of Kim Jong-Nam, the half-brother of the North Korean leader, Kim
Jong-Un. In his statement Director of the Ministry of Foreign Affairs Muhahammad
Iqbal, (Saturday, February 18, 2017) said, "Consular access is needed so that the
Indonesian Embassy can ensure that Siti Aisyah's legal rights are fulfilled throughout
the process". To follow up on this communication, according to Muhammad Iqbal along
with lawyers assigned by the Indonesian Embassy (KBRI) to conduct counseling and
legal defense to Siti Aisyah, has met and coordinated with investigators from Sepang,
Malaysia police who were appointed to process the case. "Iqbal said, Siti Aisyah had
not yet been given access because Malaysia's Criminal Procedure Code stipulates that
the suspect cannot be seen by anyone during the investigation process."However, the
Malaysian Ministry of Foreign Affairs and the Malaysian police will continue to
coordinate so that consular access can be immediately granted," he said.11

LITERATURE REVIEW

11
https://nasional.tempo.co/read/847935/menlu-retno-minta-akses-konsuler-temui-siti-aisyah, diakses,
06 Mei 2020
 History has proven that long before the nations of the world knew and practiced
diplomatic relations with representatives permanently like this that exist today, in
ancient India there were known provisions or rules governing relations between kings or
kingdoms, where national law the nation at that time was familiar with the term
ambassador.12Further developments in the context of efforts to codify diplomatic
principles, namely in 1927 the League of Nations had formed a Committee of Experts
tasked with discussing the development of the Codification of the law diplomatic.13
In the discussion of the sources of each system law, discussing diplomatic law
cannot be separated from what is already contained in Article 38 of the Statute of the
International Court of Justice as follows. "For the international tribunals whose job is to
make decisions accordingly under international law, the disputes brought against him
will apply:
1. International agreements, both general and specific, which explicitly state the
provisions recognized by the disputing countries;
2. Proven international customs are common practices recognized as law;
3. General legal principles recognized by civilized nations, and
4. Court decisions and the most prominent undergraduate teachings ofvarious
countries in the world as additional resources for establish the rule of law.14
There are procedures for opening diplomatic relations Article 2 of the 1961
Vienna Convention, i.e.
1. Requirements, each country has the right to receive and send diplomatic
representation (the right of legacy). A country cannot be forced by any party to
open or close diplomatic representation abroad. The requirements that must be
met are that there must be agreement between the two parties (mutual consent),
and the principles of applicable international law.15
2. The opening stages of diplomatic representation are approval (Agrretment),
letter trust (Letter of Credance), and acceptance in the receiving country
12
Widagdo, Setyo. 2008. Hukum Diplomatik Dan Konsuler
13
Suryono, Edy. 1992. Perkembangan Hukum Diplomatik. Solo: Mandar Maju.
14
Widagdo, Setyo. 2008. Hukum Diplomatik Dan Konsuler. OP Cit
15
Ibid
 3. Appointment and acceptance of heads of diplomatic representatives,
appointment of ambassadors is usually carried out on behalf of the head of state.
ambassador candidates were submitted by the foreign minister to the head of
state for his approval (Syahmin, 2008: 58).

Understanding of Transnational Crime

Transnational crime is an organized crime that occurs within national borders
and then involves several groups and networks that plan and conduct illegal business
that works in more than one country. 16 Some of these criminal groups commit
corruption and systematic violence to achieve their desires. Transactional organized
crime includes: money laundry, human security, cyber crime, murder, human
trafficking, drug smuggling, weapons smuggling.
The development of the quality of crime or crime shows that the territorial
boundaries between one country and another in the world, both in one region and in
different regions have increasingly disappeared. In this day and age, it is almost certain
that all types or forms of crime can no longer only be seen as a criminal jurisdiction of a
country, but are often claimed to include criminal jurisdiction of more than one or two
countries, so that in its development there has been a problem of conflicting
jurisdictions which is very disturbing international relations between countries
concerned in certain criminal cases that are cross-territorial in nature.17
Transnational crime can lead to instability in a country and can lead to disputes
between countries. Therefore transnational crime is said to be a threat that can threaten a
country's security. Unstable government systems can easily be victims of these crimes
and easily transnational crime groups to bring down a country. 18 To fight transnational

16
Mangku, D. G. S. The Efforts of Republica Democratica de Timor-Leste (Timor Leste) to be a member of
Association of Southeast Asian Nations (ASEAN) and take an active role in maintaining and creating the
stability of security in Southeast Asia. Southeast Asia Journal of Contemporary Business,Economics and
Law, 2017. 13(4), 18-24
17
Purwanto, H., & Mangku, D. G. Legal Instrument of the Republic of Indonesia on Border Management
Using the Perspective of Archipelagic State. International Journal of Business, Economics and Law 2016.
11(4)
18
BBC.2013"The International Criminal Police". UNODC UNODC Diakses tanggal 6 Mei 2020.
criminals law enforcement agencies have devised several effective ways to fight and
overcome transactional crime.19

Forms of Transnational Crime

Forms of Transnational crime in this globalization era that also opposes the
development of modern science and technology causes relations between nations,
between communities and between individuals closer, forming a boundless world
created by the relationship between humans and each other and influence each other.
The need for information obtained is a vital thing that is needed by people in the world.
The increasing need for spectacular developments in the field of information technology
consisting of electronic technology, computer technology, telecommunications
technology and broadcast technology.20
Various assumptions were discovered about transnational crime that are
important, namely: (1) in the 1990s transnational crime is a phenomenon that has just
emerged, (2) criminal organizations with certain ethnic groups are mostly
interconnected, (3) these criminal organizations work together in other countries, (4) for
three decades transnational crime has been caused by the process of globalization and
(5) entered into government and entered into legitimate business.21

Legal Aspects of Transnational Crimes

Transnational crime today has become a serious threat to global security and
prosperity. One of the important multilateral mechanisms in dealing with transnational
crime, especially those committed by transnational organized criminal groups, is the
19
Effectively Combating Transnational Organized Crime".. National Institute of Justice. Office of justice
Programs.2016 https://www.unodc.org/unodc/en/treaties/CAC/. Diakses tanggal 6 Mei 2020
20
Beckley, A. Correlates of war? Towards an understanding of nativity-based variation in immigrant
offending. European Journal of Criminology, 201310(4), 408–423.
21
Chiricos, T., & Eschholz, S. . The racial and ethnic typification of crime and the criminal typification of
race and ethnicity in local television news. Journal of Research in Crime and Delinquency, 2002 39(4)
United Nations Convention on Transnational Organized Crime-UNTOC. UNTOC is a
basic guide for countries in their efforts to tackle transnational crime. 22 In transnational
criminal law enforcement basically refers to the principle of "pacta sunt servanda",
meaning that transnational criminal offenders can be convicted by the country where the
locus delicti occurs within the country's territorial boundaries or submitted through
extradition procedures to the requesting country which has jurisdiction to prosecute the
perpetrators of criminal acts the. The principle of enactment of national criminal law
such as: (principle of territoriality, principle of active and passive nationality, principle
of protection and universal principle) is a source of formal law from international
criminal law.23 This is in accordance with the provisions of article 38 paragraph (1) of
the Statute of the International Court of Justice "the general principle of law recognized
by civilized nations" (general legal principles recognized by civilized nations). "Formal
surrender of a person suspected of committing a crime (suspect, defendant) or
convicted, either based on an extradition treaty or based on the principle of reciprocity
or good relations, by a country where the crime occurred (locus delicti) to the requesting
country.

DISCUSSION
The Malaysian state is guided by the legal system, namely the Federal
Constitution of Malaysia, the system has been in effect since 1957 where the highest
law in Malaysia is the Malaysian Federation. At the beginning it was called the Malay
22
Chuang, Janie. 2005–2006. The United States as Global Sheriff: Using Unilateral Sanctions to Combat
Human Trafficking. Michigan Journal of International Law
23
Fitzpatrick, J. (2003). Speaking law to power: The war against terrorism and human rights. European
Journal of International Law, 14, 241–264. doi:10.1093/ejil/14.2. 241
Land Alliance. The constitution provides the main structure of the bureaucratic
legislative branch, commonly called the Parliament, consisting of the People's Council
and the Senate (State Council) while the executive branch is led by the Prime Minister
and his Cabinet Ministers Council and the federal court which presides over the judicial
branch. The legal system in the world is divided into four parts, namely anglo saxon
(common law), Islamic law (Islamic legal system), europian continental (civil law) and
the legal, customary system. The state of Malaysia practices the Anglo-Saxon legal
system (common law).24
Malaysia is a former British colony. Therefore, the State of Malaysia still
maintains the customary law culture of the UK (Common Law System). Malaysia is a
British commonwealth country and Malaysia does not abandon the original law that
existed before the British Law entered into Malaysia's legal structure. That is because
Malaysia wants legal defense in accordance with the values that already exist in society.
So it's easier to grow awareness of the law than changing the law by using a new
culture. This common law and English system arises in the midst of the laws of Islam
(conducted by the courts or the Sharia Court) and customary law which rests on the pure
/ genuine population.
There are four main laws found in Malaysia namely, law from Islam, customary
law, written law and customary law. The written laws are derived from federal and state
constitutions, additional legislation and federal parliamentary legislation and state
legislation. This additional legislation was drafted by a person or body authorized to
carry out their duties under the auspices of federal parliamentary laws or legislation
from other countries.25

Transnational crime is a form of crime that threatens economic, social, political,

world security and peace in the world. The development and growth of the transnational
crime can not be separated from the progress of science and technology. The progress of

24
Basar Dikuraisyin. SISTEM HUKUM DAN PERADILAN ISLAM DI MALAYSIA. Vol. 1 No. 3 September 2017
25
Lee Kuok Tiung. PERANAN AKHBAR CINA DALAM ARTIKULASI ISU-ISU SEJARAH DAN PEMBENTUKAN
NEGARA-BANGSA. Jurnal Komunikasi Malaysian Journal of Communication Jilid 31(1) 2015: 257-280
science and technology can be utilized as a way to access and as a tool to carry out a
crime properly and unknowingly by the general public. Therefore, the crime of
international crime today is developing so rapidly and has a negative impact on many
countries and threatens the security of the country itself. Transnational crime has
become an organized crime and is carried out by highly professional actors to carry out
the crime.
The legal settlement process for the murder of Kim Jong Nam in Malaysia, the
State of Malaysia tried the suspects by using the principles of the Jurisdiction of
Malaysian State law. In making decisions on sentences for convicted Malaysian murder
cases using the principle of jurisdiction of State law in Malaysia. In making an absolute
decision by a state which hears a case by using these principles, the State whose citizens
become suspects cannot make a unilateral decision to free its citizens who are caught in
a criminal case.26
According to Jhon O'Brien, there are three types of jurisdiction from sovereign
states namely:
1. Making legal provisions for objects, events, people and deeds in their territorial
territory is the authority of the state;
2. Imposing the enforcement of national legal provisions is the authority of the
state (executive jurisdiction or enforcement jurisdiction);
3. Trying and giving a legal decision is the authority of the state (juridical
jurusdiction).
From the jurisdiction of the court (judical jurisdiction) includes civil and criminal.
Civil jurisdiction that is legal authority from the court from the state to cases involving
civil (ordinary) national, or international civil law in which there are also foreign
elements in the case dragging the parties, the disputed object or location of the act
carried out. Criminal jurisdiction is an authority of state court law based on a case that
covers a purely national criminal code or there is a foreign element in it.

26
Sefriani. .Hukum Internasional Suatu Pengantar.Bandung: CV Remadja Karya 2007.Hal 232
 In the legal settlement of the murder of Kim Jong Nam the Indonesian Embassy
also sent a team to Selangor Malaysia aimed at providing assistance in the trial of Siti
Aisyah, for Siti Aisyah who was arrested by the Malaysian Government for the Kim
Jong Nam murder case, and was charged in a Malaysian court using criminal law
provisions. Article 302 of the Malaysian Penal Code regarding Murder.27
Sanctions given in the Malaysian State court for convicted of murder committed
on purpose will get sanctions namely the death sentence by hanging the neck of the
suspect. The sanctions are a legal characteristic of Malaysia being used as punishment
for murder, drug smuggling, possession of weapons, or murder. The following is the
execution of capital punishment in the state of Malaysia, which is carried out by
hanging the neck of the convict until the death row convict stated in Chapter XXVI
concerning Transfer, has been regulated in article 277 of the CPC, namely: regarding
judgment of death / capital punishment, which reads as follows: "When any person is
sentenced to death the sentence shall direct thet he hanged by the neck till he is dead,
but shall not state the place where nor the time when the sentence is to be carried out. "
The trial of the Kim Jong Nam murder case was carried out in Sepang, Malaysia.
The trial was held briefly and the judge took the decision to proceed with the trial of the
two suspects on May 30, 2017 to better complete the documents. 28 In the previous trial
the prosecutor said the case had not been transferred to the Shah Alam High Court.
Deputy public prosecutor Muhammad Iskandar Ahmad said that it took one and a half
months to complete the file / document requirements for the trial.61 In the trial process
the two defendants were women in the Siti Aisyah case from the State of Indonesia and
Doan Thi Huong from the State of Vietnam was present. They arrived in a different
group and had a tight escort. They use bulletproof vests to anticipate security.
The location of the trial at the Sepang Malaysia court was tightened by security.
Approximately one hundred police personnel, and with complete weapons, were
deployed to oversee the trial. Aisyah and Doan were accused of murdering Jong Nam

27
BC.2017. didakwa.membunuh.siti.aisyah.terancam.hukuman.gantung.di.malaysia.
http://internasional.kompas.com/read/2017/02/28/14190741/.
28
Ibid
by holding a handkerchief spiked with VX poison in a crowd center at Kuala Lumpur
International Airport (KLIA) on February 13, 2017. VX poison is a type of weapon for
carrying out mass killings and by the United Nations which is prohibited for use in all
places in the world.
They were charged with murder in accordance with article 302 of the Criminal
Code in Malaysia. If the two suspects are proven wrong, then they face punishment, the
maximum is the death penalty through hanging. On October 2, 2017, the assassin Kim
Jong Nam is the stepbrother of North Korean leader Kim Jong Un who is an Indonesian
citizen and will hold a follow-up hearing held at the Malaysian Shah Alam High Court.
According to judge Azmi Ariffin at the Shah Alam high court, the trial would begin on
October 2, 2017, which lasted for 23 days. This happens because the dossier to be
examined as evidence is not yet complete.62
According to Attorney General Tan Sri Mohamed Apandi Ali that two women
suspected of murder of Kim Jong-Nam were brought to justice. One of them is an
Indonesian citizen on behalf of Siti Aisyah and another one is a Vietnamese citizen
Doan Thi Huong. During the second session on Tuesday, October 3, 2017, the expert
witnesses explained that Kim Jong Nam's trial was related to Kim Jong Nam's health
condition after the action carried out by the two suspects. According to Mohamad Shah
Mohmood, the autopsy officer of the victim's right lung gained weight to 690 grams
above the average adult lung. An autopsy report submitted as evidence shows that traces
of VX poison were found not only in the face and part of the eye but also found in Kim
Jong Nam's blood and urine even in the clothes and bags worn by Kim Jong Nam also
found traces of VX.
According to Pathology witness Nur Ashikin Othman from the results of the
Pathology examination found that the level of cholinesterase in Kim Jong Nam's body
was very low. This can occur because of the poisoning from Nur Ashikin's explanation
that Jong Nam's cholinesterase levels are very low, 344 units per liter. This enzyme is
responsible for breaking down neurotransmitters that send signals to the brain and
control muscles. Normal levels of this enzyme in adults are above 5,300 to 12,290 units
per liter. According to Nur Ashikin people can not be exposed to poisons if washing
hands using gloves or other equipment and taking antidote drugs such as: atropine and
oxine.
The head of the team of lawyers for Siti Aisyah Gooi Soon Seng told reporters
information about normal enzyme levels in the two suspects meant that they were not
exposed to VX poison. Siti Aisyah and Doan Thi Huong declared their innocence in the
inaugural trial of the murder of Kim Jong Nam. The two suspects said they thought they
were involved in a television joke program using hidden cameras. They felt deceived by
those who taught them to take action against Kim Jong Nam.At the third trial the
prosecutor presented another pathology expert witness. According to Mohamad Shah
Mahmood, the results of chemical tests detected traces of VX nerve poison in the eye,
face, blood, urine, and Jong Nam clothes. Prosecutors and defendants Siti Aisyah and
Doan Thi Huong took a 20-minute break to examine samples of evidence stored in
sealed, transparent plastic bags. The autopsy results also ensured Jong Nam died not
because of a heart attack. In the report the medical team Kim Jong Nam died due to
acute VX poisoning. This conclusion is based on chemical reports of the presence of
VX poison and sudden death.
According to team leader Siti Aisyah, Gooi Soon Seng Mohamad Shah had no
right to conclude the death of Kim Jong Nam due to VX poison due to autopsy results
and clinical symptoms that did not prove chemical poisoning. Defender Doan Thi
Huong Naran Singhiri expressed the possibility of other perpetrators who poisoned Kim
Jong Nam, as there was no trace of VX in Siti Aisyah and Doan Thi Huong. In addition
to these allegations, lawyer Siti Aisyah also revealed a statement that the Kim Jong
Nam murder case was a political guise. This was stated by lawyer Siti Aisyah because at
the time the trial continued until the 20 expert witnesses from the North Korean State
were not present at the trial.
The trial of the Kim Jong Nam murder case was held again at Shah Alam on
Tuesday, January 30, 2018. During the trial it was revealed that Siti Aisyah was
recruited, the recruitment began with an approach by a Malaysian taxi driver (the driver
named Kamarudin Masiod) at a nightclub on the date of January 5, 2017. The driver
invited Siti Aisyah to take part in a Japanese television joke program. The next day,
Kamarudin brought Siti Aisyah and a man named James, James, a pseudonym of Ri Ji
U, a North Korean citizen. Lawyer Siti Aisyah Gooi Soon Seng explained the
chronology in the trial. Lawyer Siti Aisyah also asked the investigative team leader
from Malaysian police Wan Azrul Nizam Che Wan Aziz to be presented as a witness.
Kamarudin brought Siti Aisyah and James together at a shopping center in Kuala
Lumpur. Then Siti Aisyah joined in watching a joke made by a woman whose identity
was unknown. Siti Aisyah was asked to see before taking part in the event. After
watching Siti Aisyah, she immediately followed the program and "worked on" three
people near the pool outside the shop entrance and got a wage from James 400 Ringgit
(Rp. 1.4 million). The meeting between James and Siti Aisyah was recorded from a
photo taken from the shopping center. The photo becomes evidence at the time of the
follow-up trial.
Korean citizen Ri Ji U appears as one of the suspects after the murder occurred.
Ri Ji U is thought to be one of eight North Koreans involved in the murder case. Ri Ji U
has left Malaysia after Kim Jong Nam was killed. Malaysian police previously stated
that four North Koreans were named suspects and they returned to North Korea on the
day Kim Jong Nam was killed. According to Malaysian police, Kim Jong Nam briefly
met a United States citizen who was a US intelligence agent on February 9, 2017 on the
island of Lengkawi. The Malaysian police computer forensics team found information
that Kim Jong Nam's laptop was last activated on February 9, 2017 and it was known
that there had been a data transfer via USB that day.
The Malaysian Attorney General's Office tried the two suspects if there was
concrete evidence about the legal system in force in Malaysia. Siti Aisyah and Doan Thi
Huong were faced in court for their involvement as a suspect in the murder of Kim Jong
Nam. According to Malaysian Attorney General Mohamed Apandi Ali, the two suspects
have been formally tried under article 302 of the Criminal Code and sentenced to death
by hanging their heads to death.63 At present, the trial process for the two suspects is
still being carried out by the State of Malaysia. In carrying out the courts of the State of
Malaysia Using its Sovereignty which aims to gain trust in the law and Government
systems of other countries. If both were indeed proven to have killed Kim Jong Nam by
using VX poison, the two suspects received the death sentence by hanging their heads to
death.

CONCLUSION
 Based on the problem and conceptual framework that has been presented in this
scientific work, the author provides conclusions about transnational crime, namely the
killing of Kim Jong Nam in Malaysia. In addition, discussing the process of resolving
transnational crimes over the murder of Kim Jong Nam in Malaysia, namely through the
legal and political settlement of the Malaysian state.
Malaysia withdrew its ambassador from North Korea in the political settlement
of transnational crime cases with the murder of Kim Jong Nam in Malaysia. According
to YB Dato 'Sri Ahifah Aman, the Malaysian Foreign Minister said that the Government
had summoned its ambassador from Pyongyang to consult.
The next stage undertaken by the Malaysian Government is the barter process of the
North Korean Government by returning Kim Jong Nam's body to North Korea and the
citizens detained by the Malaysian State are immediately returned to Malaysia. In
addition to bartering with North Korea, Malaysia also conducted an investigation of
North Korean Ambassador Ri Jong Choi regarding the case of the murder of Kim Jong
Nam in Malaysia. The Malaysian government finally conducted a deportation of North
Korean Ambassador Ri Jon Chol.
The settlement of the transnational crime is that the two suspects Siti Aisyah and
Duon Thi Huong were summoned by the authorities in Malaysia. They must carry out
criminal proceedings with the killing of Kim Jong Nam in Malaysia in accordance with
the laws and regulations in the State of Malaysia. The regulation uses the principle of
the jurisdiction of the State law of Malaysia because the scene of the murder case took
place in Malaysia, and uses the Malaysian state Penal Code.

REFERENCE
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variation in immigrant offending. European Journal of Criminology, 2013 10(4),
408–423.

Basar Dikuraisyin. (2017) SISTEM HUKUM DAN PERADILAN ISLAM DI

MALAYSIA. Vol. 1 No. 3 September 2017
Boer Mauna (2010). Hukum Internasional pengertian Peranan dan Fungsi dalam Era
Dinamika Global, Bandung:PT Alumni. hlm 18

Chiricos, T., & Eschholz, S. (2002) The racial and ethnic typification of crime and the
criminal typification of race and ethnicity in local television news. Journal of
Research in Crime and Delinquency, 2002 39(4)

Chuang, Janie. 2005–2006. The United States as Global Sheriff: Using Unilateral
Sanctions to Combat Human Trafficking. Michigan Journal of International Law

_____(2016). Effectively Combating Transnational Organized Crime".. National

Institute of Justice. Office of justice Programs.
https://www.unodc.org/unodc/en/treaties/CAC/. Diakses tanggal 6 Mei 2020

Fitzpatrick, J. (2003). Speaking law to power: The war against terrorism and human
rights. European Journal of International Law, 14, 241–264. doi:10.1093/ejil/14.2.
241

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