Risalah HUKUM Fakultas Hukum Unmul, Juni 2010, Hal. 53 - 62 Vol. 6, No. 1 ISSN 021-969X
Amphetamines Type Stimulant (ATS) Production and Trafficking In Southeast Asia Countries
Milda Istiqomah
Fakultas Hukum Universitas Brawijaya Jl.MT.Haryono Nomor 169 Malang 65145 e-mail:[email protected]
ABSTRACT
This article addresses the pattern of Amphetamines Type Stimulants (ATS) production and trafficking in Southeast Asia countries. The objective of this article is to investigate organizational form and trafficking network of ATS within the region. Indonesia, Myanmar, and Cambodia will be used as analyzing case of the largest amphetamine producing and trafficking centre in the territory. The poverty, geo-strategic location, unstable sociopolitical situation and systemic corruption in law enforcement agencies are identified as the root of the emergence of multifaceted and transnational drugs trafficking in Southeast Asia. This article also provides suggestion on how to circumvent the impediments faced by the governments.
Key words: amphetamines type stimulants and trafficking
Introduction countries are responsible for contributing the Southeast Asia countries are facing a illicit drugs trafficking within the world. Several serious threat of their security from drugs countries within this region are posing as trafficking recently. The golden triangle producing, supplying and transiting point of countries consisting of Burma, Thailand and illicit drugs. Laos are pointed as the world’s second largest Gary Reid et al address a report of opium producer and supplier in the Asia Pacific drug production, trafficking and trade in Asia region. Amphetamines productions are also and Pacific Island countries. 1 They estimate found throughout most of the Southeast Asia that Myanmar is the largest producer of opium region, in particular Indonesia, Myanmar and around “370 metric tones” in the Asia region, Cambodia. The problem requires second only to Afghanistan.2 Laos and comprehensive approaches including a Thailand are also mentioned by the authors as strength anti-drug trafficking law, good the nations which no longer considered a governance in the law enforcement agencies in major source of opiates while they point China combating systemic corruption and global and India have sustained the world’s largest cooperation amongst the countries in producers of amphetamines. 3 combating the menace. This paper reviews the Madonna L. Devaney et al review the illicit drugs cultivated and produced, especially use of illicit drug in Asia region as well. They for Amphetamines Type Stimulants (ATS) and found that the figure of people using illegal describes the numerous trafficking and drugs in Asia has risen over the past decades. transiting routes between drug productions, They argue prevalence of people who use illicit dealers and to consumer markets. drugs ranges from “less than 0.01% to
A Profile of Drugs Trafficking in 1 Gary Reid et al, 2006, Drug Production, Trafficking and Southeast Asia Trade in Asia and Pasific Island Countries , 25 Drug and Myriad researchers on drawing the Alcohol Review [647] elusiveness of drug trafficking in Southeast
4.6%”.4 Cambodia, Hong Kong, Philippines, network is a gradual process that finally entails Thailand, Indonesia, Laos and Malaysia are with more organized action. 11 calculated with prevalence rates higher than Using the different method, Carlo 2%. 5 In the concluding remarks, they state Morselli reviews on the analysis of organized that the calculation of the prevalence of illicit criminal networks ranging from brokerage drug use is crucial for the policy maker in position in drug trafficking and hierarchical supporting the response and measurement of organization like Hells Angel in Quebec. 12 He drugs coverage programs. reveals that the inaccuracy of relational data Sandeep Chawla and Thomas within the network turns out to be challenges Pietschmann examine the pattern of drugs of social network analysis. 13 trafficking network within the world. They Gordon Stovin and Chris Davies claim classify the regional characteristic of drugs that academician and practitioner has a gap in trafficking based on the type of illicit drugs countering organized crime since lack of including cannabis, cocaine, opiates, communication and available case studies is amphetamines, and ecstasy. 6 It revealed that blamed for this uncoordinated action. 14 They Southeast Asia was responsible for “21% of argue that social network mapping has a global opium production in 2002”, with limitation on explaining the nature of Myanmar contributes for 18%. 7 Mainly of the organized crime. This article derived from opiates which is produced from this region are practitioner’s perspective on how to tackle consumed within this region and the small criminal network using hotspot matrix method number are exported to the “Oceania region, by Ratcliffe. 15 North America and Europe”.8 The Use of ATS within the South East Criminal Network Analysis Asian Region In the last decade, many researches Amphetamine is a family of related have discussed about criminal network synthetic drugs called stimulants. 16 Stimulants analysis. Jeffrey Scott McIllwain argues that mimic the activity of a natural bodily hormone the power of organized crime is on its known as adrenalin to enhance the central network. 9 His report is based on the nervous system activity. 17 This includes anthropological approach with qualitative “amphetamine sulphate, amphetamine method resulted in a concluding remarks of hydrochloride, methamphetamine and the criminal network that is the members of phenethylamines”.18 Phenethylamines include organization need time to build trust and sense 3.4 methylenedioxymethylamphetamine or of belonging. 10 He also states that criminal MDMA, commonly referred to as ecstasy. 19 The first original usages of amphetamines in 1920s
11 Ibid. 4 Madonna L Devaney et all, 2007, Prevalence of Illicit 12 Carlo Morselli, 2009, Inside Criminal Network . Drug Use in Asia and the Pasific , 26 Drug and Alcohol 13 Ibid. Review [97] 14 Gordon Stovin and Chris Davies, 2008, Beyond the
Risalah Hukum Fakultas Hukum Unmul Vol. 6, No. 1 55 were for medical against congestion, obesity Findings of the Indonesian national and depression. 20 During the World War II, in survey of 2003 suggest that the usage of both Korean Wars and Vietnam Wars, soldiers methamphetamine was more common than used amphetamine against sleepiness, heroin, only 15%, by the 6% of the survey lethargy and hunger. 21 participants that were drug-users. 26 According to Rebecca McKetin et al , in Methamphetamine accounted for 42% of drug the Southeast Asian islands and specifically in related arrests in 2005 and 34% of drug Indonesia, Singapore and Malaysia, the trend related arrests in 2006. 27 of Methamphetamine usages are Based on the Indonesian National Amphetamine Type Stimulant (ATS) pill as well Police Head Quarter report, it has been found as crystalline methamphetamine smoking. 22 hundreds of ecstasy plant during the The ecstasy pills seem commoner than investigation from 2002 to 2009. The finding methamphetamine pills regardless of the fact of ecstasy plant in Tangerang (which was that they being controversial. In terms of believed as the biggest ecstasy plant in methamphetamine production, there has been Southeast Asia; 2002), the finding of four an increase in the finding of large-scale covert ecstasy plants in Jakarta; 2004, the finding of methamphetamine industries and laboratories five ecstasy industries in Jakarta linked to the in Indonesia and Malaysia. 23 One industry international drug trafficking including Hong founded in Jakarta owned by Ang Kim Soei Kong, Singapore, Malaysia; 2005, and 6 was capable of producing almost 1.5 million shabu-shabu factories founded in Jakarta, ecstasy pills per week, and it was believed as Batam and Tangerang during the revelation the biggest ecstasy factory in Southeast Asia. 24 from 2006 to recent. 28 In this country, the use of Indonesia Amphetamine Trafficking amphetamines is rising in the majority of the Network capital city and is more common among young In recent years, Indonesia has adult males. Cities like Jakarta, Surabaya, emerged as a major drugs supplier and Medan, Batam and Bali are identified as the consumer within the Southeast Asia region. largest consumer of amphetamines in The limited and inaccuracy figure of the drugs Indonesia. However, there are continuing dealers and users turn out to be the greatest problems underlie the police investigation in challenges in drawing the complexity of drug order to crush the cell of drug trafficking. The trafficking within this country. Indonesian “transnational character” of drug trafficking Police Department reveals that there are 3.354 and the use of anonymity within their network suspects of drug dealers between March-May which covers a highly complex matter of its 2009 in Indonesia. 25 overseas link turn out to be the crucial challenges in combating this crime. 20 NSW Department of Health, 2005, Amphetamine, There are some variations in the route Ecstasy and Cocaine A Prevention and Treatment Plan of ATS trading network among cities in the 2005-2009, country. The most common means of ATS 56 Milda Istiqoma Risalah Hukum Fakultas Hukum Unmul Recently, in Indonesian region, the Taiwan. 30 The case was beginning when Benny flight route between Afghanistan-India- Sudrajat, an Indonesian, who was assisted by Jakarta, Hong Kong-China-Jakarta, and Africa Peter Wong (a Hong Kong citizen), established (Nigeria)-Jakarta were some of the well- the ecstasy plant in Jakarta in order to gain travelled in smuggling of raw material by the capital for their coal business. After forming drug dealer. After accepting the raw material his plant, Benny Sudrajat was dealing with successfully, they established the ecstasy numerous people from other countries like plants and factories in Jakarta which are Max (Dutch), Garnick Nicholas (Dutch), Serge covered by legitimate businesses like textile Atloci (French) in order to run their illegitimate factory and car retail. 29 business i.e. ecstasy trading. It is estimated The case of Benny Sudrajat proved that that the plant was capable of turning out a there was an international drug trafficking million ecstasy pills a month which was in turn, network assisting his action in establishing barely weeks after the operation the police ecstasy plant in Jakarta. He could easily import had busted the factory. Benny Sudrajat’s drug the raw material of ecstasy and shabu-shabu trafficking network can be illustrated as in the and deal with machinery experts of drug figure bellow: producing from Hong Kong, China and Figure 1 Benny Sudrajat’s Network Ang Kim Soei Burhan Tahar Benny Sudrajat (Core Group Leader) (Another Core Group (Another Core Group Leader ) Leader ) Peter Wong (Drug Dealer in Hong Kong) Imported manufacturing ecstasy from Taiwan and Africa Budhi Cipto Garnick Nicholas Serge Atloci (Caretaking Ecstasy (Preparing Ecstasy Pills) (Machinery Ecstasy Manufacturing Equipment) Expert) 29 Puskominfo Bid Humas Polda Metro Jaya, 2009, Polisi Memburu Dua Tersangka Kasus Narkoba ke Luar Negeri , Risalah Hukum Fakultas Hukum Unmul Vol. 6, No. 1 57 From the figure, it assumes that an between Myanmar and Thailand. 32 Large individual might have several affiliations with amounts of drugs are suspected to be moved drug dealers from other countries in order to well-concealed or in small quantities by a support their drug business. Benny Sudrajat multitude of transporters not cognizant of the was affiliating with international drug network responsible hierarchy. 33 It is believed that from Netherland, France, Hong Kong, Taiwan, there are several/overlapping networks of the China and Africa to obtain the raw materials transporters, each in small clusters. Ko Lin and machinery ecstasy equipments from Chin and Sheldon X Zhang have termed these abroad. Besides, he also recruited five Chinese transporters as ‘mules’ and ‘ants’. 34 to maintain the producing process of the According to Chin report, heroin use is ecstasy and shabu-shabu in their factory. declining slowly and steadily over few years Some locals only worked as a security guard within this region. On the other hand, and administration staff including Benny’s son; production of amphetamine-type stimulants Arden Christian. (ATS) like ice and ketamine is rising in recent It was also believed that Benny’s years and has recuperated the addicts’ needs network affiliated with other tycoons of drug in the Golden Triangle region (i.e. Myanmar, dealer such as Burhan Tahar and Ang Kim Soei Thailand and Laos). 35 Widespread availability who was busted by Police in April 2002 alleged of ATS has been reported in the Golden as the owner of ecstasy factory in Tangerang Triangle region with ATS of Burmese origin which was capable of turning out 12,000 being the costliest where Thailand; Myanmar’s ecstasy pills a day. Unfortunately, the rules of front line state; suffers the most because of mafia drug of the existence of a broken cell extensive use of Ya Ba (refers to amphetamine system apply within these core group leaders called crazy medicine) among the Thai youth. 36 so that Burhan Tahar and Peter Wong are still Myanmar has recently become a main source hunted by police. of ATS in Asia, with an annual production of Based on the Kenney’s network “hundreds of millions of methamphetamine theory, 31 Benny’s case can be classified as a tablets” where The Shan State in Myanmar is wheel network consisting of several cell considered as the major opium- and ATS- workers where the core group leader (that is producing area. 37 Benny Sudrajat) controls decision making The figure below will describe about authority including trading and distributing the pattern of Myanmar drug trafficking where the drug runs. In some cases, the core network: group leader remains anonymity and does not affiliate with their cell workers. On the other hand, in Benny’s case, the core group leader (i.e. Benny Sudrajat) and cell managers like Budhi Cipto, Garnick Nicholas and Serge Atloci involve themselves in the most daily matters of 32 Zarina Othman, 2004, Myanmar, Illicit Drug Trafficking everyday operations. Consequently, after and Security Implications , 65 Akademika [37] several weeks of running the factory, the 58 Milda Istiqoma Risalah Hukum Fakultas Hukum Unmul 38 Figure 2 . The Myanmar Drug Dealer Pattern 38 Supplier A Vendor A Supplier B Trafficker A Trafficker B Trafficker C Vendor B Vendor C Supplier C Other Network Other Network Other Network A majority of people associated with applies in this network; that is the existence of drug trafficking and distribution in Myanmar a broken cell/chain system. Everyone is only are poor in education, employment and other responsible of the stage which they play the opportunities matchable to a life aspired by role so that the trafficker does not know one them. 39 People associated with drug trafficking another when maintaining transaction. The cannot be attributed to involvement in crime traffickers have no clue how to obtain the or terrorism groups per se. Most of them bear drugs from suppliers and where the drug is a risk-taking attitude in affiliation with family ended in the next stage of the vendors. 44 As a and friends. 40 Strategic and disguise are result it will be difficult to crush their links in among important parts of their plan. It is a the investigation process. surprise that the drug trafficking business is well-adaptive to the law and market Cambodia Amphetamines Trafficking alterations. People associated with drug Network trafficking and distribution have expertised in The Cambodia Kingdom has a concealment and transportation. Hence, more population of 13 million people that estimated of them are noticed by informants than by law annual population of growth rate of 1.8%. 45 enforced inspections. 41 During the late 1990s, ATS consumption Based on Kenney’s theory, 42 the figure becomes crucial challenges faced by 2 of Myanmar drug trafficking network can be Cambodian society. This condition was closely categorized as the chain network which every related to the extensive use of Yaa Baa in chain organizes several core groups. The one- Thailand since they exporting amphetamine on-one transaction 43 underlies the drug called Yaa Baa into Cambodian region. 46 transaction amongst the dealer. Even though Compared with Thailand, poverty does not the core members of a trafficking group have underlie the emergence of Yaa Baa ultimate decision in giving instruction, the phenomenon in Cambodia. A social condition hierarchal command can not be found within this network. The standard rule of Mafia 44 Ibid. 45 Rachel Humeniuk et al, 2004, Substance Use and 38 Adapted with a modification from Ko Lin Chin and Treatment Options in Cambodia , 23 Drug and Alcohol Sheldon X Zhang above n 100. Review [365] 39 Chin and Zhang above n 5. Risalah Hukum Fakultas Hukum Unmul Vol. 6, No. 1 59 supporting the consumption of ATS drugs Cambodia”.51 The sea routes are used by the where thousands of woman working in trafficker in transferring drugs from Stung brothels prefer to inject amphetamines rather Treng province into Ratanakiri province and than heroin. 47 The reports reveal that then into central Vietnam and beyond. 52 The amphetamine is the most prevalent drug and small speed boat and river boat transport the the biggest cause of addiction which estimates drugs along the River Mekong to Kompong that there is more than 50 000 drug addicted Cham province and Phnom Penh. From in this country. 48 Kompong Cham, it is transported by road into This country is not well-known as Vietnam. 53 producing centre, but its airport and border Furthermore, the traffickers also carry provinces are used to transit and ship the drugs through flight routes from amphetamine to Australia, Hong Kong and Pochentong Airport, Phnom Penh, to Bangkok, Singapore. The border province such as Koh Kuala Lumpur and Singapore. 54 It is also Kong, Battambang, Banteay Meanchey and believed that most of the drugs transiting in Preah Vihear are recognized as the main gate Cambodia derives from the Golden Triangle of amphetamine smuggling which comes from and that the final destination for the drugs is Myanmar. 49 The routes of illicit drugs North America, Australia and Southeast Asia trafficking through Cambodia can be seen as in countries as well. Through air routes, the the figure below: means of amphetamine smuggling includes “normal packing, body pack and swallowing”.55 Figure 3 The Cambodia official authority also reveals Estimated Amphetamine Trafficking that amphetamine is concealed through “mails, Routes through Eastern Cambodia 50 sport and music equipment, and food container”.56 The Impediments Based on the discussion above, it concludes that Southeast Asia countries face an immense threat in drugs trafficking in recent. The poverty, geo-strategic location, unstable sociopolitical situation and systemic corruption in law enforcement agencies are pointed as several roots of drugs trafficking within this region. To mention a few of them, unstable sociopolitical situation as it happens Based on UNODC report, it reveals that in Myanmar and systemic corruption in in every month thousands of amphetamine Indonesia will describe in the paragraph tablets are “transported from southern Laos below. into Stung Treng province in north-eastern Recently, the international community condemns Myanmar for abusing its human rights and for general political repression of 57 47 Ibid . arresting Nobel Price Aung San Suu Kyi. 48 Charles McDermid and Cheang Sokha, 2006, Losing Furthermore, insurgent groups still emerge Battle and against Illegal Drugs , Phnom Penh Post 60 Milda Istiqoma Risalah Hukum Fakultas Hukum Unmul which include Karen National Union and All- enforcement capacity and reducing the root of Burma Students Democratic Front (ABSDF) in societal challenge i.e. poverty, homeless, and this country. 58 The economic sanctions which unemployment along drug trafficking routes. have been imposed by Europe Union and the US result in the emergence of black market of BIBLIOGRAPHY drug smuggling. Hence, it can be concluded that unstable socio-politic condition happening Australia Department of Health , National in Myanmar leads to the ineffective efforts of Amphetamine Type Stimulant the current situation in handling drugs Strategy 2008- trafficking. 2011 (2008), Risalah Hukum Fakultas Hukum Unmul Vol. 6, No. 1 61 Review [365] NDARC , 2007, Amphetamines, 62 Milda Istiqoma Risalah Hukum Fakultas Hukum Unmul ajalah/free/law-4.html > at 22 October Situation%20in%20Cambodia%20EN 2009. G.pdf > at 22 October 2009. United Nation Office on Drugs and Crime Othman, Zarina , 2004, Myanmar, Illicit Drug (UNODC) , 2002, Summary Report of Trafficking and Security Implications , the Illicit Drug Situation in Cambodia, 65 Akademika [37]