Journal of Thai Ombudsman

Lessons learned and analysis of the management mechanisms for the Coronavirus Disease 2019 (COVID-19) of the Nonthaburi Provincial Administrative Organization, the Nakhon Sawan Provincial Administrative Organization, and the Nakhon Ratchasima Provincial Administrative Organization

Saknarong Mongkol — 2025-12-24

This article presents the research results that study the roles of Nonthaburi Provincial Administrative Organization, Nakhonsawan Provincial Administrative Organization, and Nakhon Ratchasima Provincial Administrative Organization in managing the outbreak situation of the coronavirus disease 2019 under the context of the declaration of a state of emergency under the Emergency Decree on Public Administration in Emergency Situations, which is a special law enacted under the theory of legal exceptions. The study revealed the structure, system, mechanism, principles and management methods from the national level to the local level, with the provincial governor supervising the operations of all provincial organs. It also reveals several limitations found, both arising from the structure and system of government administration and related legal systems, such as limitations on duties and powers due to misinterpretation of the law by external organizations and some provincial administrative organizations themselves, problems with the limitations of subordinate laws, especially the regulations of the Ministry of Interior, which are obstacles to operations and budget use, the problem of using the theory of legal exceptions only at the national level but not at the local level, which results in a lack of mechanisms and methods for exempting processes, methods or procedures to enable provincial administrative organizations, municipalities and subdistrict administrative organizations to perform their duties efficiently and promptly, etc. This research provides policy recommendations on the establishment of systems and mechanisms, with the Provincial Administrative Organization playing an important role at the provincial level, for managing similar epidemic situations in the future, approaches to addressing the issue of using the theory of legal exceptions, etc., including the study of management innovations in this epidemic situation of some provincial administrative organizations that were studied.

Analysis of the foundation's role in arranging unidentified bodies : A study of foundations that have cemeteries of unidentified bodies in Thailand

rachadaporn mornmoung — 2025-12-24

The research article consisted of the following objectives: 1) to study an analyze the roles and duties of foundations with cemeteries of unidentifieds bodies in Thailand regarding the management of unidentifieds bodies. 2) Factors affecting the role of foundations that have cemeteries of unidentifieds bodies in Thailand. 3) To present guidelines for developing foundations with cemeteries of unidentifieds bodies in Thailand to manage unidentifieds bodies. Data was collected from executives and staff of 10 foundations, foundations whose duties are manage unidentifieds bodies Burial unidentifieds bodies information management or cemetery management details are follows: 1. Anusart Welfare Foundation Chonburi Province 2. Buddhist Association Sawang Ariya Dhammasathan Nakhon Nayok Province 3. Khon Kaen Samakee Uthit Foundation Khon Kaen Province 4. Udon Sawang Methadham Foundation Udon Thani Province 5. Sawangporn Kuson Foundation, Rayong Province 6. Prasat Boon Sathan Foundation Phitsanulok Province 7. Sawang Metta Dhammasathan Foundation Nakhon Ratchasima Province 8. Sawang Bamphen Thammasathan Foundation Prachinburi Province 9. Sawang Thiangtham Sathan Aranyaprathet Foundation Sakaeo Province 10. Sawang Boriboon Dhammasathan Foundation Chonburi Province. An in-depth interview is a qualitative research technique.

The Results of the study of the foundation's role in managing unidentifieds bodies in cemeteries are as follows: 1. Receiving the bodies for burial 2. Recording information before burial/burial 3. Exhuming the bodies 4. Period of burial and 5. Methods for managing the bodies when the period is over. The factors affecting the role of foundations that have have cemeteries of unidentified bodies in Thailand include 1. Organizational structure 2. Funding 3. Personnel and 4. Social participation. For foundation development, there should be an agency, such as the Ombudsman, which has the power to make recommendations to the cabinet to push the guidelines for developing foundations with cemeteries of unidentified bodies in Thailand for the management of unidentifieds bodies to be concrete. The guidelines include: 1. Creation of criteria Regulations or laws 2. Developing the potential of the foundation 3. Budget support and 4. Creating incentives.

Evaluation of Public Participation in the Conservation Strategies for Klong Chedi Bucha in Nakhon Pathom Municipality

Praepattra kiaochaoum — 2025-12-24

This quantitative research aimed to evaluate (1) the level of citizen participation in the conservation of Chedi Bucha Canal in Nakhon Pathom Municipality, (2) the extent of citizen engagement in participation strategies for canal conservation, and (3) the level of citizen satisfaction with these strategies. The sample consisted of 369 residents of Nakhon Pathom Municipality, selected through purposive sampling. Research instruments included a citizen participation questionnaire and a satisfaction survey. Data were analyzed using descriptive statistics—percentage, mean, and standard deviation—along with significance testing at the .05 level.

The findings revealed that (1) overall citizen participation in canal conservation was at a high level (X = 4.30), particularly in benefiting from conservation and engaging in conservation activities, while planning participation remained moderate (X = 3.27). (2) Citizen participation in conservation strategies was also at a high level (X = 4.36), with the highest engagement found in “cultural preservation and community participation promotion” (X = 4.59). (3) Citizen satisfaction with the strategies was at a high level overall (X = 4.69)., with the highest satisfaction similarly attributed to “cultural preservation and community participation promotion” (X = 4.63)

These findings highlight the pivotal role of citizens in driving the conservation of Chedi Bucha Canal. The evaluation underscores both strengths and areas for improvement, providing practical insights for refining and enhancing citizen participation strategies to achieve sustainable community-based conservation in the future.

Strategies, Success Factors, and Challenges in Advancing a Moral Governance Ecosystem: A Case Study of the Moral Center (Public Organization), Thailand

Praepattra kiaochaoum — 2025-12-24

The qualitative research aimed to study 1) a SWOT analysis of the performance of Moral Center (Public Organization) in 2023-2024, 2) an analysis of the linkage of the national strategic plan with the performance of Center for Moral Center (Public Organization), and 3) success factors in promoting virtue in Thai society by Moral Center (Public Organization). The sample group was selected by purposive sampling, totaling 12 people. The research instruments include a document analysis form, semi-structured interview form, data collection by in-depth interview, data analysis by content analysis, and essence analysis.

The research results found that:

The Moral Center (Public Organization) has strengths in strategy and networks that help drive the promotion of virtue effectively and efficiently. This enables the Center for Morality Promotion to prepare for the challenges of the current situation or the decline in interest in the issue of virtue in society. However, the long-term drive still requires the development of a monitoring mechanism and the creation of flexible strategies to support the diversity of Thai culture.
The Moral Center (Public Organization) operates in line with the 20-year National Strategy (2018-2037) and the National Virtue Promotion Action Plan, Phase 2 (2023-2027), namely: 1) Creating a sustainable virtuous society; 2) Instilling virtue in children, youth, and the public; 3) Creating and expanding social networks;
4) Driving virtue in the public, private, and civil society sectors; and 5) Creating an efficient management system.
The success factors in advancing moral promotion by the Moral Center (Public Organization) include: 1) Establishing a Collaborative Moral Governance Network, 2) Advancing Social Innovation in Moral Development, 3) Developing Moral Leadership and Human Capital, 4) Formulating Standards and Certification Systems for Moral Organizations, 5) Strategic Partnerships and External Moral Collaboration, 6) Organizational Quality Assurance and Transparency Enhancement, and 7) Public Communication and Cultivation of Moral Role Models.

Analysis of Fiscal Discipline Case in the Administrative Court: Supreme Administrative Court Order No. A. 22/2018

ANAN KRABUANSRI — 2025-12-24

In a broad context, "fiscal discipline" encompasses the comprehensive fiscal framework utilized to regulate and oversee various fiscal instruments, including fiscal policy formulation, administration, management of public revenue, expenditure, public debt, state assets, treasury operations, and other budgetary obligations aimed at realizing the fiscal objectives of the state, notably the maintenance of economic stability. This framework may manifest in either a political economy or legal form. The legal aspect pertains to the fiscal discipline framework mandated by law or fiscal rules endowed with legal authority. State fiscal activities, encompassing revenue collection, expenditure, and debt creation, must adhere to the parameters delineated by legal statutes. Such legal authority may derive from constitutional provisions, legislative enactments, and subsidiary laws of the executive branch. Consequently, fiscal discipline, as a legal construct, is subject to formal enforcement mechanisms. Instances of deviation from the prescribed fiscal framework by the state or government officials incur legal consequences, ranging from Constitutional Court rulings deeming proposed laws unconstitutional to judicial judgments declaring administrative actions unlawful. Furthermore, independent constitutional bodies like the National Audit Commission may levy administrative fines on officials contravening the fiscal and budgetary discipline mandated by law. Presently, several cases concerning fiscal discipline are under deliberation in the Administrative Court, serving as subjects for examining the essence and enforcement of fiscal discipline. Notably, Supreme Administrative Court Order No. 22/2018 exemplifies the manifestation of fiscal discipline within the Thai legal system and elucidates the interplay between administrative law and Thai fiscal legislation.

Concepts for determining measures to incorporate artificial intelligence (Artificial Intelligence : AI) in the management of complaints by the Office of the Ombudsman

Jirapat Jaisuk — 2025-12-24

This article aims to study the development of artificial intelligence (AI) and propose ideas for establishing control measures for the application of AI in the management of complaints by the Office of the Ombudsman. These applications include various aspects such as the management of complaint data, legal advisory services related to the roles and powers of the Ombudsman, guidance on how to write complaints to the Ombudsman, and providing public services outside of official hours via the hotline 1676. However, to ensure that the development and application of AI by the Office of the Ombudsman do not violate the law or infringe upon the rights and freedoms of the public, it is necessary to implement oversight and control measures. These should include policy-level measures, the establishment of AI governance regulations, and the development of specific AI ethics guidelines within the Office of the Ombudsman. These internal ethics guidelines should align with the national AI ethical framework and be supported by the development of manuals and operational guidelines for the use of AI within the Office.

The Protection of Victims in Domestic Violence Cases : Comparative Lesson from International Practice

Wanrudee Saengkhiaw — 2025-12-24

This article examines the legal issues surrounding the protection of victims’ rights in domestic violence cases in Thailand. Domestic violence has profound physical and psychological impacts on victims, constitutes a violation of fundamental human rights, and contributes to broader social problems. Although Thailand has enacted the Domestic Violence Victim Protection Act B.E. 2550 (2007), significant challenges remain in both the enforcement of the law and the implementation of victim protection measures. This qualitative research employs documentary analysis, focusing on relevant concepts, theories, regulations, and laws, as well as academic articles, journals, books, and electronic media from Thailand and other countries, including Spain, Sweden, the United States, the United Kingdom, New Zealand, Australia, Canada, and the Philippines. The findings reveal three major issues: 1) limitations in the legal definition of domestic violence victims; 2) delays in emergency protection measures; and 3) the lack of continuity, integration, and direct legal frameworks for victims’ psychological, social, and economic remedies. The article concludes by proposing legal and policy reforms aimed at enhancing Thailand’s legal framework and protective measures for victims of domestic violence.

The enforcement issue of the Land and Building Tax Act for agricultural land use

Pornpen Traiphong — 2025-12-24

This academic article aims to present the issues arising from the enforcement of the Land and Building Tax Act and to propose solutions for the problem of land tax collection concerning instances of artificial agriculture. By means of studying from documents. The study reveals a clear disparity in tax collection rates under the 2019 Land and Building Tax Act when comparing land used for agriculture and vacant or unused land. The tax rate for agricultural land is substantially lower than that for vacant land, which constitutes a significant loophole conducive to tax planning and avoidance, thereby posing a challenge to effective tax collection. The recommendations suggest restricting the use of high economic-value land for merely symbolic agricultural purposes in areas of high economic value, imposing measures to prohibit or limit the formal use of land for agriculture, and creating tax incentives aligned with urban planning objectives.

Principle of Equality into Working in Public Sector with Public Organizations in Thailand

Watchara Klinsuwan — 2025-12-24

This article aims to study the principle of equality into working in the public sector, which is intended to protect rights and liberty that have the effect of controlling and checking state power. It is also a guarantee for individuals to have the opportunity to work in the public sector and a guarantee for the public sector to acquire knowledge and competence for their missions. Then study the principles of independence (autonomy) in human resource management of public organizations, which is intended to carry out their missions efficiently and respond appropriately to the desires of the people. Include a study of the merit system, which is intended for fundamentals related to human resource management. The study found that (1) the principle of equality into work in the public sector and the principle of independence (autonomy) in human resource management of public organizations under a merit system are valuable and important principles for public organizations. It is required to balance both enacting and following. (2) It also appears that some public organizations implement human resource management, which is inequitable and unlawful. As a result, there is a guarantee for individuals to have the right to work in the public sector and a guarantee for the public sector to acquire knowledge and competence for their missions. Therefore, understanding the importance of the principles is essential for persons related to public organizations. It must give importance to the use of enacting and following what they enact to balance between the equality of persons and the independence (autonomy) of the public organization. Furthermore, it is appropriate to amend the public organization law by enacting a written guarantee of the merit system in public organizations.

Concept of Development of Political Parties as Strong Political Institutions and Representatives of the People

thanachai Samol — 2025-12-24

Political institutions are structures and frameworks that regulate behavior through rules and norms. To function as institutions and promote intra-party democracy and systemic stability, political parties must be strong, adaptable, organizationally complex, cohesive, and capable of independent decision-making. Currently, Thai political parties lack institutional strength due to reliance on personal relationships and patronage networks, legal constraints, internal conflicts, gaps with the public, and contemporary communication challenges. These limitations hinder trust-building, citizen participation, and responsiveness to societal needs. Therefore, developing Thai political parties into strong and representative institutions requires attention to five key dimensions: enhancing institutionalization; promoting intra-party democracy and a robust party culture; strengthening connections with the public; reforming legal frameworks and support systems; and fostering responsiveness to societal needs. These measures aim to establish stable and transparent party structures, encourage active participation of members and citizens, and support policies that genuinely reflect societal priorities.

Nominee Companies or Shell Companies in Thailand : Solutions and Future Directions

Surachai Phromphan — 2025-12-24

Nominee companies in Thailand represent a significant legal circumvention mechanism that substantially impacts the country's economic system and national security. This academic article systematically reviews and analyzes the situation of nominee companies in Thailand, encompassing problem analysis and impact analysis, comparative approaches from foreign countries, evaluation of current measure effectiveness, and synthesis of appropriate solutions. The study employs systematic literature review methodology and comparative analysis from Singapore, Australia, Malaysia, and the Philippines. The findings reveal the substantial scale of the problem, with approximately 15,000-20,000 suspicious companies representing 19-25% of all foreign-invested companies, resulting in government revenue losses of approximately 8,000-12,000 million baht annually. The pattern analysis identifies four main operational types: dummy shareholders, management agreements, financial instruments, and cross-border structures, with problems concentrated in retail trade (32%), real estate (28%), and tourism services (18%). Comparative studies from various countries demonstrate that key success factors in addressing nominee companies include specialized central agencies, advanced technology utilization, and effective inter-agency cooperation systems. The study reveals that Thailand's current system has strengths in comprehensive legal frameworks but limitations in enforcement and inter-agency coordination. Main recommendations are divided into two phases: short-term approaches (1-2 years) focusing on regulatory improvements, personnel development, and enhanced inter-agency cooperation; and long-term approaches (3-5 years) emphasizing legal reforms and consideration of establishing an independent Foreign Investment Oversight Authority, which is projected to reduce tax revenue losses by 5,000-8,000 million baht annually, providing investment returns of 1:8-13 and payback within 3-4 years. The study concludes that problem resolution requires systematic integration of legal improvements, enforcement efficiency enhancement, and structured inter-agency cooperation.