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 Fax : 0-2218-3550, 0-2215-3612
“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
2
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
3
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.
4
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.
5
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
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.
8
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
9
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.
10
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
11
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”
12
(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.
13
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.
14
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.
15
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.
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.
16
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
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
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.
19
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
20
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
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
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
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
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
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
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
(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
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
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.
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
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
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
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
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
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
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
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
37
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
38
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
39
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.
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.
40
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.
41
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
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,
42
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
43
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
44
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.
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

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