Transcript of Police Administration and Related Laws for Providing ...
for Providing Public Safety
in 10 ASEAN Countries
2018
Police Administration and Related Laws for Providing Public Safety
in 10 ASEAN Countries
Supported by The Office of the Thailand Research Fund (TRF) and the
Royal Thai Police, 2018
Project Advisors : Mr. Nuttavudh Photisaro : Asst. Prof. Police
Lieutenant Colonel Kasemsarn Chotchakornpant, Ph. D. : Police
Lieutenant Colonel Phongthon Thanyasiri, Ph. D. : Police Colonel
Anucha Sutthayadilok : Police Colonel Khemmarin Hassiri Project
Manager : Police Lieutenant General Piya Uthayo, Ph. D. Researchers
: Police Colonel Preeda Sataworn, Ph. D. : Professor Police Major
General Veerapol Gulabutr, Ph. D. : Assoc. Prof. Police Lieutenant
Colonel Krisanaphong Poothakool, Ph. D. : Police Colonel Kissana
Phathanacharoen, Ph. D. Research Assistance : Asst. Prof. Police
Lieutenant Colonel Seksan Khruakham, Ph. D. : Asst. Prof. Police
Lieutenant Colonel Siriporn Nuchsamnieng, Ph. D. : Police
Lieutenant Colonel Thanradee Donavanik : Police Major Kittipan
Tantangjareonchai : Police Major Ratree Supapun : Police Major
Chorn Phonpragit First Edition : September 2018 (400 Copies)
Published by : Royal Thai Police (Royal Police Cadet Academy) 90 Mu
7, Samphran Tambon Sam Phran, Amphoe Sam Phran, Chang Wat Nakhon
Pathom 73110 TEL : 0 3431 2020 Fax: 0 3431 1105
http://www.rpca.ac.th Printed by : Chulalongkorn University
Printing House, Bangkok, Thailand TEL: 0-2218-3549-50, 0-2218-3563
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“The views and opinions expressed in this book are those of the
authors and are not necessarily shared with the Thailand Research
Fund”
National Library of Thailand Cataloging in Publication Data
Piya Uthayo and others. Police Administration and Related Laws for
Providing Public Safety in 10 ASEAN Countries-- Nakhon Pathom :
Royal Thai Police, 2018. 500 pages.
1. Police Administration. 2. Police. I. Subject.
353.36 ISBN 978-616-8080-18-4
been more challenging while entering into the ASEAN Community
in 2015. This challenge has occurred with the factors of
international
connectivity, including information connectivity relying on
modern
information and communication technology, and transport
connectivity.
Such complex connectivity provides more convenient and faster
travel. Thus, traditional security models may not be sufficient for
the
current context of public safety services.
The Thailand Research Fund (TRF) has been aware of the
importance of knowledge and the development of public safety
maintenance in line with a changing context. This awareness
is
consistent with TRF’s strategies to support research which
produces
new knowledge and innovations. These new research products are
to
keep pace with or surpass global changes. Therefore, the Thai
people
can apply knowledge to create alternatives to country
development.
The book “Police Administration and Related Laws for
Providing Public Safety in 10 ASEAN Countries” is a product
of
the research project “A Comparative Study of Police
Administration
and Related Laws for Providing Public Safety in the ASEAN
Countries” and the research project “Knowledge Management for
Police Administration and Laws in the ASEAN Countries for
Public Safety,” supported by the TRF. The objective is to
enhance
Thailand’s public safety now and in the future. The roles and
missions
of the Royal Thai Police as a national police agency in charge
of
national security and law enforcement may change to face new
challenges. In this regard, the department would like to express
its
gratitude to Police Lieutenant General Piya Uthayo, Ph.D. and
the
research team from the Royal Thai Police Academy for their
dedication.
They have collaborated and applied knowledge to compile this
book.
The book is expected to disseminate great knowledge widely
and
to shape an understanding about police administration or
related
laws on public safety within ASEAN nations.
The TRF strongly hopes that the knowledge produced from
this research will benefit societies and the country as a whole.
The
knowledge can be applied to create an understanding and
preparedness
for changes in public safety services within the country in the
future.
Furthermore, the knowledge will lead to measures and
guidelines
which are required to upgrade public safety for all sectors.
Prof. Suthipun Jitpimolmard (MD)
Introduction
Fund (TRF), has missions to create knowledge and promote the
capacity building for researchers and researcher networks to
ensure
their expertise in coping with new threats to the
environment,
natural resources, and public safety. The goals are to produce
knowledge
to support policy decision-making and to enhance the capacity
of
society to address more complex issues. That would provide a
proactive
defense for future risk management through close collaboration
among
academia, policy makers, and other sectors of the country.
The Division has been aware of the rapid change in the
context of public safety service in different times. Especially,
the
transition to the ASEAN Community is a driving force for a
rapid
extension of the scope of socio-economic development. This
development
has resulted in a more challenging environment of ‘public safety’
in
ASEAN nations for concerned parties. To create knowledge to
foster
efficient management of this issue, the Division has provided
fund
for the research project entitled “A Comparative Study of
Police
Administration and Related Laws for Providing Public Safety
in
the ASEAN Countries.” One objective of this research project
was
to analyze police administration policies and approaches for
Thailand
as part of the ASEAN Community. Another objective is to reveal
the
strengths and weaknesses of police administration and related
laws
of the 10 ASEAN member countries. Last but not least, the
research
also demonstrates operational guidelines for Thai police officers
to
efficiently enhance their public safety capacity in Thailand as
part
of the ASEAN Community.
The research team has gathered insights into maintaining
public safety of ASEAN nations. The term conducted a detailed
and
systematic analysis and communicate to the readers in an
interesting
way. This book contains data which are valuable to be
disseminated.
In this regard, the Division would like to express its gratitude to
the
research team and all concerned parties for their contribution to
the
completion of this research project and this book, which is
entitled:
“Police Administration and Related Laws for Providing Public
Safety in 10 ASEAN Countries” The Division hopes that the
knowledge
contained in this book will contribute to an understanding by
the
general public, interested persons, and concerned agencies
about
police administration and related laws in ASEAN nations.
I strongly hope that the knowledge from this research will
support concerned parties to work together to develop and
advance
public safety development policies to lead changes characterized
by
efficient and effective operations in the future.
Assoc. Prof. Chanathip Parino, Ph. D.
Director, the Public Wellbeing Division
Introduction
Providing public safety from crime in these days is a task
that is more complicated than it was in the past. Such
complication
is caused by the complexity of social conditions, economic
growth,
technological advancement, rapid and convenient transportation,
and
borderless communication. Unavoidably, such increasingly
complex
crime has challenged the way police officers exercise their
duties
on providing public safety in today’s world.
Thailand is a member of the Association of Southeast Asian
Nations (ASEAN), which is comprised of ten member countries.
The
ten member countries share either similarity and difference in
various
aspects, such as environment, society, economy and politics.
The
difference thus brings about alternative crime conditions and
police
administration. Furthermore, transnational threats to public safety
are
a key reason why each country need to learn from one another
about
the differences in circumstances, crime conditions, police
administra-
tion and laws of their neighboring countries for providing
public
safety from crime. The member countries can make use of the
lessons
learned for their own adaptation, development and preparedness
in
responding to crimes more effectively in the future.
This research provides an insight into police administration
and relevant legal systems for providing public safety in the
context
and circumstance of crime. The Office of the Office of the
Thailand
Research Fund (TRF), the Royal Thai Police (RTP), and police
organizations from all ASEAN member countries have shared
great
support and contributed to the achievement of this research. All
the
participating police organizations allowed us to study their
organizations,
collect field data, and provide data and information for this
research.
In this occasion, the researcher team would like to extend
our
gratitude to them and strongly hopes that the findings of this
research
would benefit police organizations in Thailand and other
ASEAN
member countries. Hopefully, the readers are able to use the
research
for their organizational development and strengthening good
police-
to-police cooperation in combating crime together for our
safer
ASEAN community.
Chief of the Research Project
Table of Contents Page
Chapter 1 Introduction 1
1.2 Objectives 3
1.4 Research Framework 4
for Providing Public Safety in the ASEAN
Countries
2.4 Lao People’s Democratic Republic 35
2.5 Malaysia 46
2.7 Republic of the Philippines 76
2.8 Republic of Singapore 96
2.9 Kingdom of Thailand 110
2.10 Socialist Republic of Vietnam 130
Page
Countries
Crime Conditions
3.4 Laws Related to Police Law Enforcement 191
3.5 Building Public Safety Partnerships 194
3.6 International Policing 199
4.1 Key Lessons from the Comparison of Police 209
Administration in the ASEAN Countries
4.2 Suggestions for Thai Police Administration 222
References 229
List of Tables Page
Table 2 Safe Cities Index 2017 154
Table 3 Historical and Current Political Regimes of ASEAN 160
Countries
Table 4 Comparison of the Evolution of Police Organizations,
172
Police Structures, and Personnel Development in
ASEAN Countries
Training Systems
Rankings for the Reliability of Police Services
1
In today’s world, using conventional methods are not enough
for any countries to safeguard the welfare and safety for life
and
property of their citizens. Public safety is challenged by both
internal
and external threats, and the scope of the threats is even
more
expansive than a few decades before. Since the end of the
Cold
War, globalization has caused rapid socio-economic and
political
changes. State security has been challenged by
multi-dimensional
problems, such as, transnational crimes, illegal immigration,
cybercrimes,
narcotics, and natural disasters. Furthermore, state security has
been
shifted to human security and public safety.
To safeguard public safety, it is important to take internal
and external factors into account when considering the
international
context. In Southeast Asian region, Thailand is a member of
the
Association of Southeast Asian Nations (ASEAN). ASEAN
comprises
Chapter 1 Introduction
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Police Administration and Related Laws for Providing Public Safety
in 10 ASEAN Countries
of 10 members, namely Brunei, Cambodia, Indonesia, Laos,
Malaysia,
Myanmar, the Philippines, Singapore, Thailand, and Vietnam.
ASEAN
is an integration of different nations in responding to security
issues
of the region during the Cold War, which aimed at
strengthening
the member states and equipped them with the power of
negotiation
with superpowers outside the region.1 Despite significant changes
in
the circumstances with the region, the end of the Cold War,
the
member countries are still required to cooperate in combating
various
threats to national security and the safety of their
citizens.
ASEAN countries have encountered different forms of
challenges. In the form of traditional security, security threats
arise
from other states, which are the main actor in the
international
system. Another form of national security threats, however, is
posed
by non-state actors. These threats include terrorism and
transnational
crime.2 Besides, economic connectivity among and beyond ASEAN
countries have been adopted to advance information and
communication
technology. They aim at generating economic growth and
efficiently
develop mechanisms for cooperation among police agencies in
ASEAN
countries. That causes an enhancement in providing public
safety
and preparing for new security threats, coordination among
police
agencies in ASEAN countries for transnational crime and
terrorism
prevention and suppression, and cooperation for law enforcement
in
ASEAN countries. Nevertheless, such connectivity has somehow
caused some social problems, for example, crime, declining
public
welfare and poor public safety. Therefore, it is very critical
to
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Police Administration and Related Laws for Providing Public Safety
in 10 ASEAN Countries
understand about the police working systems, police
organization,
legal systems, law enforcement for providing public safety, and
the
justice process of ASEAN member countries. In addition,
learning
about police administration of neighbouring countries can
facilitate the
development of Thai police organizations for providing more
efficient
public safety for lives and property of citizens.
1.2 Objectives
can be enforced in the criminal justice procedures for
providing
public safety within the ASEAN member countries.
1.2.2 To compare police administration and related laws for
providing public safety between ASEAN member countries and to
compare the levels of preparedness for incident response
between
ASEAN member countries when they all become the ASEAN
Community.
This research focuses on police administration in both
national and local levels of analysis. This research also includes
legal
systems related to public safety of life and property of the
ten
ASEAN member countries, which are Brunei, Cambodia,
Indonesia,
Lao PDR, Malaysia, Myanmar, the Philippines, Singapore,
Thailand,
and Vietnam. This research has the scope of its content as
explained
in the research conceptual framework.
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Police Administration and Related Laws for Providing Public Safety
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1.4 Research Framework
and legal systems related to police law enforcement
officers—this
research explores related theories and concepts in the fields of
pub-
lic safety, for example, criminological theories related to
offences and
how to respond to crime, police administration and
organization,
public participation, and community policing. In addition, the
research
team studied various concepts related to legal systems and
interna-
tional police cooperation. The studies are necessary for a
comparative
research and for constructing the research framework, as
illustrated
in the chart below:
methodology. Data collection is organized by the means of
document
research, in-depth interviews, fieldworks in all ASEAN member
coun-
tries, focus groups, and brainstorming workshops.
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1.6 Expected Benefits
1.6.1 Knowledge about the police administration and related
laws of ASEAN member countries for providing public safety of
life
and property from crime. This knowledge will be beneficial to
policy
making, administration, and development of cooperative
mechanisms
for preventing and suppressing domestic crimes, crimes linked
to
other ASEAN countries and beyond.
1.6.2 Learning experience in police administration, including
the strengths and weaknesses in each ASEAN country. That
learning
experience will help improve and develop police works in
public
safety and solve certain issues discussing in the police reform
initiatives.
1.6.3 An opportunity for developing and promoting cooperation
between agencies and similar agencies in other countries
which
are responsible for providing public safety of life and property
from
domestic crime.
countries, which will help prepare manuals for police officers,
other
agencies in the criminal justice procedure, and the general
public.
Further, the knowledge can be used in additional in-depth
research
on individual topics.
Brunei or Brunei Darussalam is located on Borneo Island. Its
northern part is a coastline stretching to the South China Sea.
Its
land area, covering 5,770 sq.km, is surrounded by Malaysia’s
Saravak.
It has a population of 423,2003, consisting of Malay (67
percent),
Chinese (15 percent), and others (18 percent). The religion of
the
state is Islam, and most of its population is Muslim (Sunni
Islam,
67 percent). Other religion includes Mahayana Buddhist (13
percent),
Christian (10 percent), and other (10 percent)4. The national
language
is Bahasa Malaysia.
Brunei’s gross domestic product (GDP) is 11.4007 billion US
dollars and its GDP per capita is 26,938.5 US dollars. Its GDP
growth
rate in 2016 was -2.5 percent. Its overall economy is contributed
to
the products of petroleum and natural gas, generating 95 percent
of
its total revenue, and they are a state-owned industry.
Chapter 2 Police Administration and Related Laws for Providing
Public Safety
in the ASEAN Countries
7
Police Administration and Related Laws for Providing Public Safety
in 10 ASEAN Countries
Brunei has a low crime rate, and there has been no report
on incidents of terrorism or unrest in Brunei. Most crimes in
Brunei
are non-serious crimes, for example, property crimes,
break-in,
physical assaults, and quarrels. An interesting crime is
cross-border
crime, for example, stealing cars or motorcycles and sending
them
across the border, illegal immigration, and smuggling. A key
factor
that puts crime in Brunei at a low level is strict law
enforcement.
Brunei has strong social measures as Bruneians are being
religious.
Brunei has a small population which access to good welfare
pro-
vided by the state. The population earns a large amount of
money
from oil resources. Given the fact that the population has good
living
conditions, the risk of crime reduces.
2.1.2 Political Structure
Brunei’s political regime is an absolute monarchy. The King
or Sultan of Brunei has the absolute power and serves as the
head
of the state. The King’s assistant is called Grand Viziers who
is
directly designated by the King. The prominent feature of the
regime
is unity and fraternity of the citizens. People in Brunei respect
the
Sultan who are trusted to holds justice in line with Islamic
principles5
Brunei is a unitary state because of the centralization of
public administration, without decentralization to lower levels
of
administrative units. The public administration gives
commands
through the top-down hierarchy, from the King or Sultan to
ministries
and departments, to Daerah (district), Mukims/wards
(sub-district),
and then to Kampungs (village) which the lowest administrative
unit.
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2.1.3 Police Organizational Structure and Police Adminis-
tration
The police force in Brunei was formed during Brunei became
a British protectorate. On 31 December 1905 and 5 January
1906,
Brunei signed a treaty called the 1905/06 Treaty with the UK.
This
treaty changed Brunei public administration and police affairs.
The
first group of police officers consisted of Pathan and Sikh. The
Brunei
Police Force was established by G. McAfee who was designated
as
the Brunei Police Chief in 1917.6 The Royal Brunei Police
Force
(RPBF) was officially founded on 1 January 1921 after police
law
came into effect in 1920.7
In the Royal Brunei Police Force, the Commissioner of Police
serves both the oversight and administrative functions. The
Royal
Brunei Police Force directly answers to the Prime Minister’s
Officer
(PMO) who is under the supervision of the Prime Minister. As
the
King or Sultan acts as the Prime Minister, he holds the power
to
oversee the Brunei Police Force. The King is also the
Inspector
General of Police which is the supreme commander of the
Brunei
Police Force (equivalent to the Commissioner of Police). However,
in
practice, the Commander of Police supervises and gives
commands
to daily operations and administration of police
organizations.
The constituent bodies that provide public services under the
Royal Brunei Police Force are of Police Districts (four districts)
and
police stations. The Royal Brunei Police Force has 4,400 officers,
and
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the police-population ratio in Brunei is 1: 99. Gaining trust from
the
general public, police career is a dream job for Brunei citizens.
The
Training Centre in Gadong trains police officers and law
enforcement
officers in Brunei. In addition, the Brunei government has
provided
scholarships for international education in the countries like
Singapore,
Malaysia, and the UK.8
Brunei has adopted the British police ranks which are divided
into three groups:
and Sergeant Major.
Superintendent.
Commissioner, Deputy Inspector General of Police, and
Inspector
General of Police.
Brunei police retire at the age of 55 and no policy extends
the retirement age beyond that age. Retired police receive a
monthly
pension amounting to two thirds of the last salary before
retirement.
The monthly pension is given until the age of 70 and the
pension
received then would be amounting to the last salary before
retirement.
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in 10 ASEAN Countries
In Brunei’s police administration, strategies are formulated
to achieve the vision of Towards Sustainable Peace and
Security
Together (TSPST). These strategies are aimed at reducing
Brunei’s
vulnerability to new security threats. As a small state, Brunei
ensures
efficient administration and continue to upgrade the levels of
security
and safety of its people and communities. That makes the
Brunei
Police Force modern and able to collaborate with other
organizations
to combat crimes and promote its national security.9
The young citizens constitute a high proportion of the
overall
population in Brunei. Over half of its population is under 25
years
and those who are between 15-24 years account for the highest
proportion. Youth are considered to be a valuable resource.
Brunei
has challenges from both inside and outside of the country.
These
challenges include a higher unemployment rate and drugs. The
Brunei
government has formulated the National Youth Policy to ensure
that
its young citizens remain a valuable human resource to the
country
and to encourage them to take part in social, economic and
cultural
affairs of the country.
Brunei’s legal system is inherited from British Common Law
which the trials are based on judicial decisions in prior cases and
the
judge decisions in future trials are bound to follow the
precedential
decisions. There are both civil and criminal laws. A significant
change
to criminal law in Brunei was in 2014 when Sultan Haji
Hassanal
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Bolkiah proclaimed that Shariah Law is the criminal law that
governs
the country. Before that, Sharia Law was applied only to family
and
heritage matters. Brunei was the first country in ASEAN to
apply
Shariah as criminal law.10 The proclamation of the Sharia Law
was
criticized by many human rights organizations and
international
organizations as they believed that the law would result in
human
rights violations. However, the Brunei government argued that
the
belief in laws helps bring peace and order, reduces domestic
crimes,
and reduces human rights violations. The Brunei government
called
for international understanding of the decision they had
made.
Criminal procedures in Brunei follow the criminal procedure
code, penal code, and the Evidence Act. Police officers have
the
authority to arrest offenders and detain arrestees for 48 hours
for
investigation. After that, they are required to charge and
prosecute
or release them.11
Building public safety partnerships in Brunei is influenced
by
the community policing concept. This concept has been applied
to
create cooperation and collaboration among police officers,
community
leaders, and community members. This concept was part of the
2007-2016 Brunei Police Strategy which aimed to address priority
in
different crime types and crime areas.
The community policing concept has been implemented in
Brunei through a cooperative mechanism called “Neighborhood
Watch”
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Police Administration and Related Laws for Providing Public Safety
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(Pengawasan Kejiranan Kampong in Bahasa Malaysia). This
mechanism
was officially launched in 1989 for instilling a sense of
ownership
and responsibility into the citizens so that they would maintain
peace
and order and safety in their localities. It was first implemented
in
Kampong Madang, Berakas, in 198912. The Implementation of
this
mechanism created coordination between the Public Relations
Units
of the Royal Brunei Police Force and District Police, police
stations
and local communities.
The Brunei National Police Force became a member of the
International Police Organization (INTERPOL) on 4 September
1984.
The Brunei National Central Bureau (NCB) serves as a
coordinating
unit.
Brunei became the 6th ASEAN member on 7 January 1984
and joined ASEANAPOL in the same year.13
Brunei has a continuous long border of 481.3 km with
Malaysia on Borneo Island. This results in occurrence of
cross-border
crimes, such as car theft across the border between Brunei
and
Malaysia. Cooperation between these two countries exists in
addressing
this issue. In addition, Brunei and Singapore, both being as a
small
ASEAN country, have a good relationship. The Brunei Royal
Police
Force regularly sends their police officers to take training
courses
and degree programs at the Home Team Academy in Singapore.
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2.2 Kingdom of Cambodia
Kingdom of Cambodia neighbours Thailand to the west and
north,
Laos to the north, and Vietnam and the Gulf of Thailand to the
east.
The land covers an area of 181,040 sq.km and has a population
of
15,762,370.14 Most Cambodians believe in Theravada Buddhism
(95 percent), which is divided into two sects – Dhammayuttika
and
Mahayana (there are two Buddhist apostles in Cambodia). Other
religions include Islam (3 percent), Christianity (1.7 percent),
and
Hinduism (0.3 percent). 15
Cambodia’s gross domestic product (GDP) is 20.01675 billion
US dollars, which is 1,269.9 US dollars per capita. Cambodia
used
to have a low growth rate of GDP and GDP per capita compared
with other countries in ASEAN. But in 2016 Cambodia enjoyed a
GDP growth rate of 6.9 percent.16 That is the highest rate
among
ASEAN countries in the year. Seventy percent of its population
works
in the agricultural sector. Apart from that, The Cambodia
population
has 17 percent working in the manufacturing sector, 8 percent in
the
industrial sector, and 5 percent in the construction sector. Each
year,
new casinos with a large amount of funds are injected into
Cambodia.
This has resulted in Cambodia having the most casinos in the
Greater Mekong Sub-region and becoming the largest gambling
hub
in Southeast Asia.
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Police Administration and Related Laws for Providing Public Safety
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Most crimes in Cambodia involve occasional property crimes
and break-in. Low rate of serious crimes is reported in
Cambodia
and most of the offenders have the intention to get property
without
harming victims. Criminals’ target areas are transportation
hubs,
markets, fairs, riverside tourist attractions, and crowed buses.
Potential
crimes include pickpocketing and purse snatching. In particular,
the
bags of three-wheel rickshaw passengers are sometimes
snatched.17
In addition, A high rate of motorcycle-theft cases is reported
because
motorcycles are a popular transporting vehicle for locals. The
cases
include motorcycle robbery, even occurring while drivers are
driving.
The criminals push the drivers down on the road and then rob
the
motorcycle away. Another type of frequent property crime is
stealing
mobile phones. A lot of crime in Phnom Penh committed by
young
offenders who often have violent quarrels and cause injuries
and
even death.18
country for drugs. Based on national crime statistics in
2015,
approximately 60 percent of the prisoners who was sentenced
to
medium to high punishment were drug users. That demonstrates
a
major cause of non-safety in Cambodia. Drug users are divided
into
two groups. The first group includes those who have bad
behavioral
history, such as youth who do not study at school, and jobless
people.
The second group represents those who have already committed
an
offence. The most common-found narcotics are methamphetamine
and heroin.
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2.2.2 Political Structure
Being under a democratic regime with the King serving as
the head of the state, Cambodia is a single state with the
sovereign
power divided into three branches: the legislative, the
administrative,
and the judiciary branches.19
The administrative branch of Cambodia is divided into two
parts. In the first part, the central administration consists of 27
main
ministries and independent offices (equivalent to the bureau) and
the
second part is a regional administration which is divided into
into
provinces, districts, sub-districts, and villages.
2.2.3 Police Organizational Structure and Police Adminis-
tration
Cambodia was a French protectorate from 1863 to 1883. On
17 June 1884, Cambodia signed the Franco-Khmer Treaty,
allowing
French domination over Cambodia. However, this treaty stated
that
Cambodian civil servants have the authority to govern their
territory
under the oversight of France. Thus, Cambodians put their own
efforts to create social safety and security and maintain social
order
in collaboration with French police for 61 years (1884-1945),
before
the National Police was founded on 16 May 194520. With such a
long time, keeping internal peace and order in Cambodia is
influenced
by the French. Also, Cambodia’s police system has been
influenced
significantly by the French system of policing.
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in 10 ASEAN Countries
Police organizational structure and the law enforcement
system
in Cambodia differ from other ASEAN member countries. The
General
Department of Police is a department-level body under the
Ministry
of the Interior. There are also other department-level police
agencies
affiliated with the Ministry of the Interior, for example, the
Police
Academy and the General Department of Immigration. Personnel
in these agencies are police officers with police titles and
ranks.
Cambodia has the Royal Gendarmerie of Cambodia, a
semi-military
force under the Ministry of Defense, which is under the
direction
of the Supreme Commander. Influenced by the French, the Royal
Gendarmerie of Cambodia has the authority to investigate and
arrest
offenders, regardless they are ordinary people or military officers
who
commit criminal offences. Police officers working under the
Ministry
of Interior have no authority to arrest or investigate offenders
who
are military officers. Instead, they serve as a support unit for
other
agencies in law enforcement.
are dividied into three levels: 25 provincial/Phnom Pehn Police
Force
(equivalent to provincial police stations in Thailand), 193
district
police stations (equivalent to police stations in Thailand), and
1,621
local police stations (equivalent to sub-police stations in
Thailand).
The roles and responsibilities of Cambodian police are not limited
to
crime prevention and suppression but also include controlling
crimes
and maintaining peace and order. In doing so, they are
responsible
for maintaining local demographic statistics; providing national ID
card
17
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and house registration service; providing safety for local
people;
controlling suspects and ex-convicts, people with criminal
behaviors,
and immigrants; preparing local data; and controlling workers in
local
manufacturing factories because most of them are migrant
workers.
The General Department of Police has approximately 56,000
police officers. 5.68 percent of the police are female and most
of
them are responsible for administrative jobs. The annual
recruitment
of new police officers are based on the factors of budget
allocated,
population, and the requirements from affiliated agencies.
Cambodia’s
police ranks are similar to military ranks, ranging from Police
General
to Police Sub-Lieutenant and from Police Sergeant to Police
Lance
Corporal for non-commissioned police. The police officers with
the
ranks of Police Colonel and above retire at the age of 60 while
the
police officers with the ranks of Police Lieutenant Colonel and
below
retire at the age of 55. The General Department of Police has
no
non-rank police officers.
Cambodian police are recruited from the citizens who finish
Grade 12. The police positions in the General Department of
Police
requires applicants who are ordinary people holding a
bachelor’s
degree or above. After having passed the recruit exam, the
applicants
need to attend 3-month training at the Police Academy and will
be
assigned to a particular agency. After working for a certain
period,
they will then be trained in the field as assigned. Being a
department-
level agency under the Ministry of the Interior, the Police
Academy
18
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provides short and long-course training for police officers who
have
high school qualifications. It offers a four-year undergraduate
program,
a master’s degree program, and a basic training program. There
are
six police training centers under the Cambodian Police
Academy
across Cambodia.
2.2.4 Laws Related to Police Law Enforcement
In the old days, Cambodia’s legal system was influenced by
Buddhist and Khmer traditional beliefs. When Cambodia was
dominated
by France and signed a treaty to become a French protectorate
state
in 1863, the Cambodian legal system was influenced by the
French
legal system and was changed to a civil law system21 or code of
laws
system. Civil law is the primary law for case trials and
judgments.
The Cambodian justice system involves institutions such as
the Supreme Court, Appellate Court, Provincial/Municipal
Courts,
Military Court, and Extraordinary Chambers in the Courts of
Cambodia
(ECCC),” which were established for trials involving serious
criminal
crimes that happened in wars under the Khmer Rouge Regime.22
In the Cambodian criminal procedure, prosecutors play a key
role in the investigative process of law enforcement agencies.
The
Department of General Prosecution consists of three divisions23,
which
are outlined below.
Investigation is in charge of ensure legal compliance in
investigation
and inspect investigation documents.
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2) The Criminal Office supports the Department of
General Prosecution in exercising the right to conduct a
criminal
procedure, file charges, and prepare documents for filing
criminal
cases.
3) The Civil Office supports the Department of General
Prosecution in the civil cases that affect state interest or civil
cases
related to minors and persons with disabilities.
Prosecutors have the authority to determine the accusations,
issue arrest warrants, conduct searches and make arrests as
police
officers, and file criminal cases. According to the Constitution of
the
Kingdom of Cambodia, prosecutors shall have the right to file
criminal cases. The organizational structure of prosecutors is
divided
into 1) prosecutors of the court of the first instance, 2)
prosecutors
of the Office of the Appeal Court, and prosecutors of the Office
of
the Supreme Court.24
and arrest offenders with flagrant offences when an arrest
warrant
is not required. In the case when an arrest warrant is
required,
prosecutors have the authority to issue an arrest warrant. In
important
cases, investigative judges issue an arrest warrant or order an
arrest,
and the arresters must inform the arrestees of their rights under
the
Constitution and the memo on arrest. After an arrest is made,
the
arrestees must be taken to a police station and detained for 48
hours,
or 72 hours for major cases or special cases. In the case
when
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offenders are arrested based on an arrest warrant from the
court,
they shall be sent to prison, and then the arrest shall be
reported
to the prosecutor within 48 hours.
In addition to general criminal law, the public assembly
control law regulates internal peace and order. The first
public
assembly law was enacted in Cambodia in 1991 and its most
recent
amendment was enacted in 2009. The law requires a written
notice
concerning the assembly, prepared by the assembly leader, is
submitted
to the local administration in advance. The written notice
should
specify the purpose, venue and time of the assembly, and the
number
of people or vehicles involved in the assembly.
2.2.5 Building Public Safety Partnerships
Local police agencies, such as the Cambodian Metropolitan
Police, have worked alongside with other agencies to prevent
crime
and solve drug-problems. Cambodian Police cooperate with
hospitals,
the general public, schools, universities, and judicial
institutions.
Local police, the administration, and local authorities also
cooperate
in maintaining safety. All of these agencies, including
Gendarmerie,
are obligated to help to prevent and suppress narcotics and
rehabilitate
drug addicts.25 In addition, police agencies and the
administration
work together. In local areas, the Central Committee has the
provincial
governor who acts as the chairman and committee members who
are representatives from gendarmeries, local police officers, and
the
district office chief. A weekly meeting is set as a platform to
consider
21
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matters concerning safety, security, public services, and
cooperation
between police and local authorities with respect to crime
prevention.
Encouraging partnerships with the private sector, Cambodia
has a policy towards the promotion of tourism, the major source
of
revenue for the country. The government promotes tourist
attractions
such as ancient ruins, museums, historical sites (popular
among
tourists), and markets (popular among locals and tourists). The
private
sector plays a key role in safeguarding safety, organizing
areas,
providing security guards, and regulating tourist guides. The
private
sector works with police officers who are tasks to provide
security.
2.2.6 International Policing
police organization (INTERPOL) on 13 June 1956. Cambodian
National
Central Bureau (NCB) was established to share data on crime
and
offenders with INTERPOL member countries. The collaboration
with
law enforcement agencies involved transnational crime
prevention
and suppression, in pursuit of the fugitive offenders and
wanted
criminals from Cambodia or other member countries. The agency
also includes investigation into fugitive offenders and criminals,
and
actions to acquire related data.26
Cambodia has put efforts into strengthening its relationships
and cooperation with other ASEAN member states. That promotes
its image in the international arena and helps benefit the
country.
Cambodia joined ASEAN in 199927 and joined ASEANAPOL in the
22
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following year, 2000.28 This participation created official
cooperative
network with police organizations in ASEAN. This cooperation
includes
the cooperation in the prevention and suppression of
transnational
crime and trafficking in persons as well as organizational
development.
As Cambodia shares a border with Thailand, Laos, and Vietnam,
Cambodia has tight bilateral relationship and strong cooperation
in
crime prevention and suppression with its neighboring
countries.
Cambodia and Thailand have cooperated in crime prevention and
suppression, in pursuit of offenders committing an offence in
one
country and escaping to another country. They also cooperate
on
the prevention and suppression of drug trafficking as well as
the
prevention and suppression of the smuggling of antiques out
of
Cambodia. In terms of personnel development, the General
Department
of Police has sent Cambodian police officers to be trained
overseas
with the People’s Police Academy in Vietnam and the Royal
Police
Cadet Academy in Thailand, which they enjoy good
relationship.
2.3 Republic of Indonesia
Indonesia or the Republic of Indonesia is a Maritime
Southeast
Asian country. As the world’s largest archipelagic country,
Indonesia
consists of 17,508 islands and has a land area covering 1,811,570
sq.km.
In 2016, it had a population of 261,115,46029. That was the
fourth
largest population after China, India, and the United States
of
23
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America.30 Indonesia has ethno-cultural diversity. Its national
language
is Bahasa Indonesia. The majority of Indonesians is Muslim (87.2
percent).
Other religions include Protestant Christian (7 percent),
Catholic
Christian (2.9 percent), Hindu (1.7 percent), and others (1.2
percent).
With that proportion, Indonesia has the highest Muslim
population
in the world.31
Indonesia’s GDP is 932.25918 billion US dollars and GDP per
capita is 3,570.3 US dollars. In 2016, it enjoyed a GDP growth at
5%.32
Indonesia has the largest economy in Southeast Asia and has a
high
economic growth rate. However, due to a huge population, the
per
capita income of its population is not high. Its economic
structure
is made of three key sectors, which are agriculture (fisheries
and
forestry), industry and construction; and services. These three
sectors
contribute to similar proportion.33
The crime rate in Indonesia has been higher at the same
pace with the expansion of urban communities. The factors that
may
contribute to higher crime rate in each city in Indonesia are,
for
example, a higher unemployment rate, inadequate job
opportunity,
and deteriorating social orders. In 2014, a total of 325,317
criminal
cases were reported across the country, which represented the
crime-
population ratio of 131: 100,00034. Crime is a major problem
in
Jakarta, its capital city, and other major cities that are economic
hubs,
for example, Surabaya. Common crime consists of non-serious
crimes,
for example, stealing, robbery, purse snatching, and
pickpocketing.
24
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Other social problems are related to drugs, economic crime,
illegal
immigration, smuggling, tax evasion, and terrorism/domestic
insurgency.35
Cybercrime has also increased rapidly in recent years.
With regards to drug problems, Indonesia is a major source
of marijuana production, which most consumers are locals. Other
drug
problems in Indonesia relates to methamphetamine and
Ecstasy36.
Despite capital punishment for major narcotic traffickers and
wars
against narcotics, the problems are not in decline.
The issue of separatism exists in Aceh. That involves the
Free Aceh Movement (GAM) which launched in 1975.37 Aceh’s
official
name is Prorinsi Daerah Istimewa Aceh where a certain degree
of
autonomy is given. However, the population is not admired with
that
level of autonomy and they believed that their land could have
been
separated into a new country. That has led to a more tangible
demand
for separation. Another insurgent group in Indonesia is Lashkar
Jihad.38
As an anti-democracy Islamic militant group, it aimed to
establish
Salafi Islam in Jakarta and performed operations in several areas,
for
example, Ummun and Sultanate. Another insurgent group is
Jemaah
Islamiyah (JI).39
Jakarta has a heavy traffic congestion problem because the
area for constructing new road surface in the city is limited and
not
sufficient for cars. The problem is also worsened because of
the
rapid increase in the number of vehicles and inadequate mass
transit
system of the city. That makes the traffic in the city during its
rush
hours and connecting hours are very congested.
25
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2.3.2 Political Structure
Indonesia is a unitary republic with the president acting as
the head of the state and the head of the administration, who
comes
from direct election. The presidential office term shall not
exceed
two consecutive terms (each term takes five years). The power
is
divided into three branches: administrative, legislative, and
judicial
power. Despite being a large archipelagic country with a big
population,
Indonesia is a unitary republic, with public administration
divided
into central administration and local administration.
The central administration consists of 34 ministries,
departments
and divisions, within which various officials, including the
Permanent
Secretary to the Ministry, the Director-General to the
Department,
the Director to the Division, etc. are involved in public
administration.
Indonesian local administration involves various levels, i.e.
regencies, cities, districts or Kecamatan, Kelurahan, and Desa,
the
smallest administrative unit.
tration
The integration into the Unitary Republic of Indonesia in the
post-independence period and the formation of the Indonesia
National
Police were two parallel processes. However, Indonesian history
reveals
that the police played an important role before the formation of
the
Republic of Indonesia, from the time when the area which is
now
26
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modern Indonesia was under the rule of different kingdoms.40
The
government established the National Police Service on 1 July
1946,
which is recognized as Bhayangkara Day.
A major change to Indonesian police that occurred with the
entry into the reform period was the transition from the
administration
of President Suharto to the administration of President BJ.
Habibie
and Habibie and Abdurrahman Wahid from 1999-2004. As part of
the structural reform, the Indonesian National Police separated
from
the Indonesian Army in 2000. The main reason for this was that
the
integration of the Indonesian National Police into the
Indonesian
Army resulted in vagueness of, and the overlap between, the
roles
and responsibilities of the Indonesian Military as the national
defense
body and those of the Indonesian National Police (INP) as a
social
security and order maintaining body. This integration of these
two
bodies obstructed the development democratic values in
Indonesian
society; hence, their separation was required. Since the
change,
police have played a more active role in Indonesian society,
and
their goal is to be more oriented to people and to respond to
their
needs.41
is characterized by centralization, which directly depends on
the
president. Their areas of responsibility consist of Regional
Police
(Kepolisian Daerah or Polda), City Police (Kepolisian Resort or
Polres),
District Police (Kepolisian Sektor or Polsek), and Sub-district
Police
27
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(Polsubsektor). In addition, there are specialized police
agencies,
e.g. Brimob, a crowd control unit which is a mobile force
involved
in security- and safety-related operations; Airborne Police
(Polisi
Udara); Marine Police; Forensic Science Police; Anti-terrorism
Unit
(Detachment 88); Traffic Police (Polisi Lalulintas), which is
responsible
for roads and issuance of driving licenses and vehicle
registration;
Coastal Police (Polisi Perairan); Sabhara, which is in charge
of
community peace and order; Tourism Police (Polisi Turis);
Railway
Police (Polisi Khusus Kereta Api-POLSUSKA); Investigative
Police
(Badan Reserse Kriminal-Bareskrim); and Polisi Kedutaan, which
provides
security for embassies in Indonesia.42
Local police agencies are divided into different levels, as
follows:
- Sub-district Police (Polsubsektor)
407,222 officers and 14,252 of them were female, equivalent
to
3.5 percent. The ratio of police to the population in 2015 is 1:
59,543.
The police rank system was used similar to the European
police
rank, such as the ranks of Inspector and Commissioner
General.
After the Indonesian National Police was shifted to be under
the
Indonesian Army, the military-style rank system replaced the
European
28
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police rank with the ranks such as Captain, Major and
Colonel.
In 2000, when the Indonesian Police was separated from the
Indonesian
Army, the British rank system, such as Inspector and
Superintendent,
was replaced the military-style ranks. Currently, Indonesia’s
police
rank system is similar to the Dutch police rank system which
was
firstly used in the past.44
There are several types of police educational institutions in
Indonesia.45
which provides training for cadets who will become
commissioned
police officers upon their program completion.
2. The Police Science College (PTIK), which trains police
officers across Indonesia through certificate programs and
masters
and doctoral degree programs. The institution was established
to
develop police education to be a science.46
3. The Police Command and Staff School (SESPIM), which
trains non-commissioned police officers who pass a
qualification
exam to become commissioned police officers and graduates who
pass an exam to become commissioned police officers. In
addition,
SESPIM provides training in administration for commissioned
police
who will become the Unit Head in regional police agencies,
including
provincial, district and sub-district police.
4. The Criminal Investigation Training Center (PUSDIK
RESKRIM), which provides specialized investigation training.
29
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Each region has a police training center called the
Indonesian
Police School (SPN) (Sekolah Polisi Indonesia), which provides
training
for constables or those who will hold a non-commissioned police
rank
(it is located in 28 locations across Indonesia). Indonesia also
has a
training center called the Woman Police Training Center
(SEPOLWAN),
which provides 7-month training for female constables. Each
year,
the center receives 600-700 female police officers.
Indonesian police officers normally retire at the age of 58.
The police officers who are considered as a talented and
specialized
police officer retire at the age of 60.
2.3.4 Laws Related to Police Law Enforcement
The Indonesian legal system was influenced by the European
legal system and Dutch Colonial Law until the end of World War
II.
After the declaration of independence of Indonesia, the
Indonesian
national legal system was developed based on Roman-Dutch Law.
The substantive matters of the law were expanded based on
Indonesian
viewpoints, and a new penal code was developed. 47
The Indonesian court system consists of the Constitutional
Court, the Supreme Court, and the courts under the jurisdiction
of
the Supreme Court, namely the General Court, Military Court,
Religious
Court, Administrative Court, as well as Specialized Court.
The criminal procedure in Indonesia48 is governed by Law No.8
of 1981 on Criminal Procedure. This new law demonstrates
various
30
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changes, e.g. the shift from an inquisitorial system to an
accusatorial
system, which does not allow the confession of the accused to
serve
as evidence. With the intention to reduce torture of the accused
in
order to obtain their confession, the improvement of this law
reflects
human rights consideration.
starts with police investigation. Police have the authority to
receive
grievances or report of criminal cases, search for information
and
evidence, and deter suspects or other actions as required by
law.
The law does not specify legal assistance from lawyers to the
accused;
thus, police can initiate investigations in three cases: 1) When
they
are informed of an offense that has occurred or is occurring; 2)
When
they receive grievances or reports from victims involving
criminal
cases, and 3) When they witness a criminal offense in front of
them.
The prosecution is the responsibility of the Office of the
Attorney
General, which is directly under the president. Prosecutors are
in
charge of considering whether or not to issue a prosecution
order
against serious or petty criminal cases for which individuals sue
to
the court. By law, prosecutors have no authority to
investigate
criminal cases, but only special cases, e.g. theft of security
data.
In general, an arrest warrant is required for police for
making
an arrest of individuals suspected of committing an offence or
planning
to commit an offense. An arrest made by police without an
arrest
warrant is possible if the offence in conducted in front of
them.
31
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Police are authorized to take arrestees into custody for 24
hours,
and in the case when no charge is filed, they will be
released.
Control of public assembly or protests in Indonesia is
governed
by Mass Organization Law, with most recent amendments being
made in July 2013.49 With the aim to empower local
organizations
and counter the gathering of independent international
organizations,
this law gives power to the state to control civilian groups and
break
up public gatherings which pose a potential threat to the
nation.
Under the law, all assemblies must take into account peace and
order
of society and must be carried out based on the Pancasila
ideology.
2.3.5 Building Public Safety Partnerships
After Indonesian police separated from the Indonesian army
in 1999, the Indonesian National Police created its own identity
which
is more civilian-oriented and made the police organization to
become
an organization of accountability. This was a key factor in
the
transition to a democracy for Indonesia. However, given the
military
legacy of the Indonesian police organization, it is a major
challenge
to build trust from the general public.50 The Indonesian National
Police
developed the principles of community policing (POLMAS) and
has
applied this concept at a greater extent to their work. This
aimed
to ensure professionalism and optimize crime problem-solving
and
law enforcement in response to public needs. Indonesia’s
community
policing is people-centered and focuses on respect for human
rights,
community partnerships, and community involvement in solving
social
32
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problems. The Community Policing Forum (CPFs) was established
to
provide communities with more opportunities to participate in
policing.51
Community police operational teams conduct meetings with
local stakeholders to identify social issues faced by
communities
and to develop an action plan to address these identified
issues.
Conducted at local halls, mosques, or other appropriate
places,
these meetings provide for conversations and consultations
between
community members and local police. There are a number of
projects
that have been jointly implemented by different parties, e.g.
community radio stations and forums for communication between
community members, police officers and other authorities.52
The Indonesian National Police (INP) has a dedicated
community policing agency called “Community Policing
Directorate”,
assigned to deal with community policing development and
community
development. This agency involves central policy-level
implementation.53
In addition, volunteers who are the general public are provided
at
sub-police stations to be reported for offences and assist
police
officers in their work. These volunteers can effectively assist
police
in approaching local citizens because they are locals.
Indonesia’s strength in preventing crimes and violent
incidents
in town areas is seeking cooperation from security guards. As
police
control the quality of training for security guards, they can
easily
approach and gain cooperation from them. Police attach great
importance to security guards serving hotels, shopping centers,
parking
33
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in 10 ASEAN Countries
lots, parks, and important places in major cities. Before starting
their
security service, security guards have to be trained by police
officers
in basic knowledge pertaining to security and incidence response
in
different situations. Security guards play a crucial role in
preventing
incidences in city areas which have rigorous security
measures.
2.3.6 International Police
The Indonesian National Police joined INTERPOL on 13 June
1956.54 Indonesia is one of the ASEAN states that has played
an
active role in the international police arena. The Indonesian
National
Police have deployed police forces for joint operations with UN
agencies
in many missions; for example,55 the Formed Police Unit in
Sudan,
United Nations Missions in Sudan, African Union/United
Nations
Hybrid Operation in Darfur, and United Nations Stabilization
Mission
in Haiti.
officers to join UN peacekeeping operations, both as individual
police
officers and the Formed Police Unit (FPU). So far, the
Indonesian
National Police has deployed a company of 140 police officers
for operations in Darfur. The Indonesian government has
procured
equipment required for the operations, and the United Nations
has
paid the Indonesian National Police for that procurement in the
form
of hiring. This deployment has been for 9 year in
operation.56
The problems of internal crime, unrest and terrorism in the
past have encouraged Indonesia’s cooperation with
international
34
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organizations, especially INTERPOL and the Jakarta Center for
Law
Enforcement Cooperation (JCLEC), which was established in
2004.
The Indonesian and Australian government joined hands to
combat
transnational terrorism and crime by developing official
cooperation
between the Indonesian National Police (INP) and the
Australian
Federal Police (AFP). The objectives of this official
cooperation
were to strengthen the capabilities of local and international
law
enforcement agencies and encourage the general public, civil
society,
and communities to help with reducing risks of transnational
crimes
and terrorism. There are projects and activities aimed at
upgrading
the capability of interrogation and investigation, criminal
intelligence,
forensic science, community partnerships, community
engagement,
as well as policy and legislative development.57
At the regional level, Indonesia has cooperated with
Malaysia,
Singapore, Thailand and the Philippines in founding ASEANAPOL
in
Manila, the Philippines, in 198158. As Indonesia is large in
area,
population, and economy, its role in policing in this region has
been
significant. Regional police work has been conducted through
the
ASEANPOL or other forums. The cooperation-related topics are
in
line with national interests, including illegal fisheries,
terrorism, and
transnational crime. Transnational crime-related issues that
the
Indonesian police have paid attention to are trafficking in
persons,
piracy and terrorism.
At the bilateral level, due to the fact that it shares a
border
with Malaysia, the Philippines and Brunei, it has a relationship
with
35
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in 10 ASEAN Countries
these countries to coordinate cooperation to address
transnational
crimes, e.g. smuggling, illegal fisheries, and piracy. Indonesian
police
also have positive cooperation with the Australian police,
particularly
in the areas of terrorism, illegal immigration, techno-crime,
drug
trafficking, child exploitation, and fraud.59
The relationship between the Indonesian police and their
Thai counterpart is positive in terms of general coordination
and
cooperation in crime prevention and suppression. They have
sent
police officers to share their experiences in different training
programs
in each other’s country, and the management of police
organizations
have visited each other’s country.
2.4 Lao People’s Democratic Republic
2.4.1 Socio-economic Conditions
Situated on the Indochina Peninsula, Lao People’s Democratic
Republic or Lao PDR is the only landlocked country in Southeast
Asia,
covering an area of 236,800 sq. km, about half the size of
Thailand.
It has a population of 6,758,35060. Lao people still adhere to
and
observe their inherited traditions. Traditional ways of life and
belief
have strong influence on all groups of Lao people. The majority
of
Lao population are Buddhist (75 percent), followed by animist
(16-17
percent), Christian (1.5 percent), and Muslim (0.004 percent).61
Laotians
share similar cultures and traditions with Thais, especially Thais
in
northeastern Thailand.
36
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Laos’ gross domestic product (GDP) is 15.805.71 billion US
dollars and GDP per capita is 2,338.7 US dollars. Its GDP
growth
rate in 2016 was 7.0 percent.62 Despite its small economy and
low
per capita income, Laos enjoys a high economic growth rate.
Its
economic system experienced a dramatic change during its
economic
reform under the policy “New Economics Mechanism” in 1986,
when
the centrally-planned economy was shifted to a market economy
with
decentralized decision-making and stimulation of the private
sector
to play a more active role in the Lao economy. Most Lao
people
work in the agricultural sector. However, the Lao government
has
declared Laos as the ‘Battery of Asia’. It has provided an
opportunity
for investment in dam construction to generate electricity to sell
to
China, Thailand and Vietnam, which has generated huge revenue
for
the country.63
The Lao government has not published official statistics on
criminal cases. However, facts disseminated via media indicate
an
increase in crimes in Laos each year,64 especially in the 2010s,
when
Laos enjoyed a high economic growth rate, which reached the
top
in ASEAN. Economic pressures have resulted in an increased
number
in crimes, especially in the capital city.65
Overall, Laos has a low crime rate and Lao people obey the
law compared with people in other countries. In its capital
city,
Vientiane, although being a peaceful city, its economic growth
results
in increased materialism. Some groups of people benefit from
this
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growth, which allows them to earn more money, but others do
not
benefit from it. The resulting problems include unemployment
and
social gaps, which lead to social problems and crimes.66 The
most
common cases involve property crimes, i.e. break-in, car or
motorcycle
theft, and robbery for money or other property, such as
motorcycles.
The criminal cases are prevalent during festivities, when people
are
off their work and celebrate, e.g. Lao New Year’s Day or
other
important national festivals.
Drug problems in Laos are tending to be more serious, both
in urban and rural areas. The most prevalent drugs are
amphetamines
and Ice. People who commit property crimes are sometimes
associated
with drugs and have repeated offenses. In addition to domestic
drug
issues, Laos has been reported to be a major transit country for
drugs
because it is located in the middle of connectivity routes with
new
roads and bridges connected to China, Vietnam and Thailand,
thus
resulting in Laos becoming an important route of drug
trafficking.67
One critical transnational crime for Laos is trafficking in
persons. Previously, each year there were 44,000 Laos illegally
migrating
to Thailand, on average.68 The ease of border-crossing of Lao
people
to other countries and poverty are some factors in trafficking
in
persons, especially the trafficking of children and women to work
in
restaurants, bars and the prostitution business and to become
illegal
labor in Thailand. In addition, child exploitation is conducted
through
a child trafficking network in Laos. Lao girls and adult women
are
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trafficked to marry Chinese, which is common in the northern
part
of Laos.69
Lao People’s Democratic Republic is a single socialist state
led by the Laos People Revolutionary Party (LPRD), which has
the
highest power characterized by democratic centralism. Its
political
regime was influenced by the structure of the Soviet
Communist
Party, which has absolute power and monopoly. The center of
the
party is in charge of formulating policies and giving orders to
all
social classes of people.70 While being “democratic” allows
party
members to express their opinions at party meetings and
discuss
issues extensively, party members with minority votes have to
abide
by the resolution from party members with minority votes.71
The
administrative power is divided into three branches, as
follows:
1) Executive power – The most important position is
the President of the Republic, who is given a 5-year term in
office.
The Prime Minister as the head of government is appointed by
the
president, who is provided with a 5-year term in office as
well.
Ministers are in charge of ministries in the cabinet.
2) Legislative power – As the people’s representative,
the National Assembly has the authority to consider decisions
or
issues that are critical for the country and to monitor the
cabinet,
People’s Courts, and People’s Prosecutor Organization.
3) Judicial power – The judicial structure is composed
of two organizations. The first consists of five people’s courts:
the
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People’s Supreme Court (comparable to the Supreme Court of
Thailand),
People’s Provincial Court, City Wall or Vientiane Court, City
People’s
Court (the Court of the First Instance), and Military Court. The
second
organization is the People’s Prosecutor Organization, the structure
of
which is parallel to that of People’s Courts. It consists of The
Supreme
People’s Prosecutor (equivalent to the Attorney General of
Thailand),
People’s Provincial Prosecutor Organization, People’s
Metropolitan
Prosecutor Organization, City People’s Prosecutor Organization,
and
Military Prosecutor Organization.72
Laos consists of 17 provinces and 1 special administrative
area.
2.4.3 Police Organizational Structure and Police Adminis-
tration
When the French came to rule Laos, it established a modern
police organization to maintain peace and order and security of
this
colony. In 1899, the central administration specified 15 positions
next
to the regent, one of which is the Commission General. Local
administration was divided amongst 10 provinces, each of
which
being ruled by the Provincial Governor, who was French. Each
province
was divided into nine departments and government offices. One
of
the nine departments was the Provincial Police Department.
During
the French domination, the most important tool that they used
to
maintain its power was military and police forces.73
Modern policing is led by the Ministy of Public Security,
which has developed strategies for overseeing police affairs,
e.g.
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Local Police, Traffic Police, Immigration Police, Security Police,
Fire
Police, the Department of Public Relations, the Department of
Logistics,
the Special Operations Unit, and the Mobile Defense Unit.
The regional police organization is divided into different
levels according to administrative areas, i.e. province (17
provinces),
the special administrative area, and district. The smallest
police
agency is District Police (equivalent to police stations), which
has
approximately 100 police officers. The chiefs of the agency hold
the
Police Colonel rank. Two to three police officers are designated
to
be responsible for a village group. The police, military and
teachers
are respected and prestigious occupations for Lao people
despite
having a low salary.
The Lao police ranks mirror the Lao military ranks, which
comprise General, Colonels, Junior Officer, and
Non-commissioned
Police Officer. However, the police have police rank marks and
their
rank system is separated from the military rank system.
However,
since 2015, the highest police rank has been Major General.74
Applicants to police service (male and female) must be at
least 18 years old and hold a senior high school certificate.
They
start at a non-commissioned rank, and after that, they study in
an
undergraduate program. After obtaining a bachelors’ degree, they
take
a qualification exam to become commissioned officers. Children
of
police officers will undergo a recruitment process which is
separate
from the recruitment process for the general public.
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As the only educational institution for police in Lao PDR,
the People’s Police Academy was founded on 4 October 2011.
Consisting of six offices and 14 faculties, it offers five
training
programs, namely the 2-year Master Degree Program, 4-year
Bachelor
Degree Program, 4-year English Bachelor Program, 3-year
Chinese
High Diploma Program, and 2-year Upgrading Program. The
People’s
Police Academy has attached great importance to education and
training in new police sciences, e.g. cybercrime. Despite its
low
prevalence and low severity in Laos, cybercrime is tending to
increase,
and police work lacks experts and sophisticated technology in
the
field.
In Lao police operations, there is scarcity of tools,
materials
and equipment, and training. Their operation is not responsive
if
there is no official assignment from superiors. To ensure peace
and
order and security, checkpoints are located at strategic points
and
curfews are sometimes imposed.75
2.4.4 Laws Related to Police Law Enforcement
In the past, the Lao legal system was influenced by the
French legal system, including the criminal justice system, e.g.
police,
prosecutors, courts, and correction. After the Lao political
regime
shifted to Communism, it’s Constitution and laws that did not
suit
the new political regime were all abolished. The new legal
system
was influenced by that of the Union of Soviet Socialist Republic
and
other socialist countries, which uses the criminal procedure
principle,
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whereby the state has a duty to keep social peace and order;
therefore,
the state is responsible for conducting legal proceedings
against
criminal offenders.
Its criminal process uses a mixed system, which is similar
to the French system, whereby the prosecutor acts as the
plaintiff
who files a case, but the court holds an inquiry. This system
combines
good points of the inquisitorial system and the accusatorial
system,
but is inclined to lean towards the accusatorial system, and
gives
more power to prosecutors. That is, apart from being the plaintiff
in
criminal cases, the prosecutor monitors legal compliance of
organizations
in society.76
In addition to criminal offenses, Lao criminal offences
accept
traditions, culture, and social order as a source of law. For
example,
a couple-like relationship between unmarried couples is
considered
a legal offense. Group tours in Lao need registration and
certificate
by the tourism authority. Distributing leaflet without permission
is
prohibited. A public gathering for a particular activity is
prohibited
as that may disturb peace. Photographing government offices
related
to security is prohibited. Transgendered people are also
prohibited.
Criminal procedure in the process of arresting offenders in
Laos involves prosecutors or courts in inspection. The prosecutor
or
the court issues an arrest warrant, as the case may be. The
arrest
of the accused falls into two cases: with an arrest warrant
and
without an arrest warrant (committing an offence in front of
police
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officers and urgent cases). Once an arrest is made, the
prosecutor
will examine the reason for the arrest within 24 hours. In any
case,
the police officer must report to the prosecutor within 24 hours
and
must investigate the testimony of the arrestee within 48 hours.
The
police officer must decide whether to release or imprison the
arrestee
and then proposes a release or detention warrant from the
prosecutor.77
In the Lao criminal procedure, interrogation and legal
proceedings are not independent from each other. When a
criminal
offense occurs, the first body to initiate an interrogation is the
police.
The prosecutor has the authority to issue an arrest warrant and
gives
guidance on the interrogation because the prosecutor makes a
decision
on the case. In cases deemed necessary or appropriate, the
prosecutor
can initiate an interrogation.
The Lao political regime is Communist Socialism; therefore,
its concept of building partnerships between police and other
sectors
is different from that of its neighboring countries that are
democratic
countries. This includes differences in political ideologies and
legal
traditions.
In Socialist Law, there are two types of justice: law
enforcement
in general cases and law enforcement in cases where the state
interests must come first and replace traditional justice.78
Thus,
actions taken by police officers as peacekeeping forces are
oriented
toward national interests, especially security. Building a
public
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safety partnership in Laos involves building partnerships
between
police, local administrative units, and the generable public in
order
to maintain peace and order in localities and to prevent threats
to
national security. There are a lot of remote rural areas, and
Lao
people are still poor and uneducated. Thus, the mission of the
Lao
peacekeeping force needs to involve creating an understanding
with
local people, mobilizing the mass of people, and encouraging
the
general public to play an active role in maintaining national
peace,
by means of field visits to ensure close relationships with the
locals.
Police play a role in creating an understanding among the
general
public and encouraging them to develop their localities in
collaboration
with local authorities to create new life and warm life.79
Laotians
in different areas will keep an eye on things for authorities.
When
non-local people enter their areas, locals will know and inform
this
to authorities quickly.
The general public and community leaders participate and
play a key role in settling disputes in communities. For District
Police,
2-3 police officers are allocated to be responsible for a village
group
or sub-district. Home police, who are village volunteers, will
assist
police officers. Home police are allowed to carry official
firearms
during patrol for incidence prevention but must return them
when
they complete their tasks. In addition, a patrol will be conducted
in
a group.80 If there are any cases or disputes, people will inform
the
village headman or home police for mediation. If parties involved
in
the case agree, the case will be settled. If they don’t agree or
in
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serious cases, the village headman or home police will inform
the
district police. If the district police fail to settle the case,
they may
need to inform the provincial police.
2.4.6 International Relations and INTERPOL
The Lao police force joined the International INTERPOL on
17 June 1957. The unit that coordinates with the INTERPOL in
Laos
is INTERPOL National Central Bureau (NCB) or INTERPOL
Vientiane.
The NCB is in charge of coordinating work concerning
transnational
crime, coordinating international cooperation, data exchange
and
information technology, collaboration with INTERPOL member
countries
in prevention and investigation of transnational crimes, and
support
of interrogation of local cases that must be carried out outside
of
the country.81
Lao PDR joined ASEAN at the same time with Myanmar in
1997, and Laos first attended the ASEANAPOL conference in
1998,
which was held at Brunei.82 Laos has cooperated with ASEAN
member
countries through ASEAN forums, e.g. the ASEAN Ministerial
Meeting
on Transnational Crimes (AMMTC) and ASEANAPOL, which cover
implementation for cooperation in transnational crime
suppression.
In addition, countries bordering Laos, i.e. Cambodia, Vietnam,
Myanmar
and Thailand, have a direct relationship for preventing and
suppressing
transnational crime, trafficking in persons and drugs; taking care
of
citizens who migrate to work and live in each country;
controlling
exports and imports within border areas; and exchanging data.
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At the bilateral level, Laos’ Ministry of Public Security
has
a tight relationship with Vietnam’s Ministry of Security. Their
relationship
has a long history since the era of President Ho Chi Minh and
President Kaysone Phomvihane. Their long and healthy
relationship
has resulted in their good cooperation in providing assistance
in
security and peace of police affairs. Many Lao police officers
have
been trained at Vietnam People’s Police Academy in
undergraduate
programs and other training courses each year.
As for the relationship between Laos and Thailand, both
countries share a border, which is crossed by large number of
Thais
and Laotians. Thus, the countries have a relationship both at
the
organizational level and at the levels of local agencies, which
have
direct contact in order to consult with each other about the
guidelines
for prevention and suppression of transnational crime involving
both
countries.
2.5.1 Socio-economic Conditions
Malaysia is divided into two parts. Its first part is
situated
on the Malay Peninsula, where it shares a border with Thailand
in
the north and with Singapore in the south. Its second part is
located
in the north of Borneo Island, where it borders with Indonesia
and
surrounds Brunei. Malaysia covers an area of 328,550 sq. km
and
has a population of 31,187,260.83 Its official language is
Bahasa
Malaysia, and English is widely used in Malaysia.
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The Malaysian population is characterized by ethnic and
religious diversity, which equips it with multiculturalism.
Most
Malaysians are Islamic, representing 60 percent, followed by
Taoist
(Chinese Malaysians) and Mahayana Buddhist, 32 percent, and
Hindu (Indian Malaysians), 8 percent84. There are also
indigenous
tribes in Malaysia.
Malaysia’s GDP is 296.535.93 billion US dollars, with a GDP
per capita of 9,508.2 US dollars. In 2016, it had a GDP growth rate
of
4.2 percent.85 It is a middle-income country with continual
economic
growth. It is a new industrialized country, which shifted from
the
dependence on mining and agricultural product exports, e.g.
rubber,
palm oil and tin to the dependence on manufacturing and
services.86
In 1991, the Malaysian government, led by Dr. Mahathir
Muhammad, initiated a national development policy with the
2020
Vision: To become a developed country. One of its goals was a
gross
national income (GNI) per capita of 15,000 US dollars per
year.
In 2009, Prime Minister Rasak announced the “1 Malaysia”
Policy
which aimed to push Malaysia to achieve its 2020 Vision, and
part
of this policy includes crime reduction.
Crimes are prevalent in populated urban areas, most of which
consist of petty crimes. The most common crime is property
crime.
Serious crimes constitute a small proportion of the overall
crime
rate.87 However, they create great fear in the general public. In
2015,
the most prevalent serious cases consisted of gang robbery
without
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firearms (10,718 cases), followed by assault (5,516 cases),
robbery
without firearms (2,954 cases), and rape (2,047 cases). Property
crimes
that made up the highest proportion consisted of motorcycle
theft
(38,565 cases), followed by break-in (19,286 cases), theft (18,078
cases),
and car theft (12,049 cases).88 Its high economic growth,
advancements
in information technology, as well as a high rate of access
to
technology by its population has resulted in a higher rate of
cybercrime.
There has been a dramatic increase in cybercrime cases within
a
short time. Cybercrime cases identified include love scams, credit
card
fraud, e-Banking fraud, and parcel scam.89
The drug problem in Malaysia has a rising trend despite
capital punishment. The most prevalent drugs in Malaysia
include
heroin, methamphetamine, ATS (amphetamine type stimulants),
kratom,
cannabis, ketamine, and ecstasy (MDMA).90 Malaysia is a
consumer
country, a source of spreading of drugs, and a drug transit
country.
There are several risk factors with respect to terrorism in
Malaysia, i.e. ethnic diversity and multiple exit and entry
points.
In 2010, transnational terrorism started in Malaysia. There have
been
multiple arrests of people suspected of being involved in
terrorist
groups, and several explosion incidents have occurred. Malaysia
was
first attacked by a terrorist group connected to ISIS in June
2016.
2.5.2 Political Structure
In Malaysia, the King (“Yand di-Pertuan Agong” in the Malay
language) serves as the head of the state under the
Constitution,
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with a 5-year term. The position is rotated among sultans or
rulers
of nine states on the Malay Peninsula.91 Its political regime
is
parliamentary democracy with a federal po