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 <http://pdfserve.informaworld.com.ezproxy.uow.edu.a Asia have revealed that many of ASEAN u/34607_751316856_762363147.pdf> at 20 October 2009. (Association of South East Asian Nation) 2 Ibid. 3 Ibid. 54 Milda Istiqoma Risalah Hukum Fakultas Hukum Unmul 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 <http://pdfserve.informaworld.com.ezproxy.uow.edu.a Network: A Crime Science Approach to Organized u/740538_751316856_769836625.pdf> at 20 October Crime, 2(4) Oxford Law Journal-Policing [497] 2009. <http://policing.oxfordjournals.org.ezproxy.uow.edu.au 5 Ibid. /> at 25 September 2009. 6 Sandeep Chawla and Thomas Pietschmann, 2005, Drug 15 Ibid. Trafficking as a Transnational Crime , in PL Reichel (Ed), 16 NDARC, 2007, Amphetamines Handbook of Transnational Crime and Justice , 160, ,<http://ndarc.med.unsw.edu.au/NDARCWeb.nsf/resou 170. rces/NDARCFact_Drugs5/$file/Amphetamine+fact+she 7 Ibid. et.pdf> at 21 October 2009. 8 Ibid. 17 Ibid. 9 Jeffrey Scott McIllwain, 1999, Organized Crime: A Social 18 Australia Department of Health, National Amphetamine Network Approach, 32(4) Crime, Law and Social Type Stimulant Strategy 2008-2011 (2008) Change [301] <http://www.health.gov.au/internet/drugstrategy/Publi <http://www.proquest.com.ezproxy.uow.edu.au/> at shing.nsf/content/2D1717263A2129CACA2574C50010A 25 September 2009. 827/$File/ats-strategy08.pdf> at 21 October 2009. 10 Ibid . 19 Ibid. 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,