The Administration of Juvenile Justice System in Malaysia: Moving Towards Restorative Justice Process? (original) (raw)

Administration of Juvenile Justice System

1989

This article analyzes pertinent issues surrounding administration of juvenile justice system in Malaysia and examine whether restorative justice process should be incorporated into the system to make it in line with the Convention on the Rights of the Child 1989 and other international instruments.

A critical study on the pre trial process in the juvenile justice system in Malaysia under the Child Act 2001 / Nadzriah Ahmad and Habibah Kiprawi

2012

This research proposal will first discuss the background of the research by highlighting the problems faced by the child offenders at the pre trial process in the juvenile justice system in Malaysia under the Child Act 2001 [hereinafter referred to as the "Child Act"].1 The proposal will then describe the research questions and research objectives which seek to critically examine the issues surrounding the pre trial process in the juvenile justice system under the Child Act in Malaysia and to propose recommendations. The proposal will then highlight the scope of the research and research methodology which will be employed in undertaking the research. It follows that the proposal will outline the foreseeable limitations of the research and describes the contributions that this research will make to the existing body of knowledge on juvenile justice system in Malaysia. Finally, this research will discuss critically the need for a revision of the Child Act…

A Case Study on Restorative Justice Approach of Juvenile Criminal Justice System In South Sulawesi

2018

This study aims at identifying, analyzing and revealing the nature of diversion in the restorative justice of juvenile criminal justice system and its implementation in South Sulawesi and factors influencing its implementation. This research employs a normative-empirical research. Following the study of normative law or legal research, this study employs a descriptive research. The results show that in providing the justice and legal protection to the children, the nature of restorative justice is in conflict with the law without prejudice to the criminal responsibility of children. The diversion is not a peace effort between children committing crimes and becoming the victim or his/her family but instead a form of punishment towards the children by means of nonformal punishment. The diversion is in the form of punishment which provides education to the children committing crimes (TPA). It is found that the diversion implementation in the restorative justice by the police, the distr...

Restorative Justice: an Alternative Process for Solving Juvenile Crimes in Indonesia

Brawijaya Law Journal

Restorative justice concept may refer to an alternative process for solving disputes including criminal law violation has been well known in Indonesia. The Act Number 11, 2012 on Juvenile Justice System has acknowledged restorative justice approach as a part of criminal justice system in dealing with a child in conflict with the law. It has become an essential provision in the Act as it provides option for law enforcers to avoid punishing juvenile offenders through traditional criminal approach. This research aims to examine restorative justice for juvenile offenders in Indonesia based on the Juvenile Justice System Act Number 11, 2012 as a form of alternative dispute resolution for juvenile crimes and other related laws and to provide a brief of the implementation of restorative justice in Indonesia that is integrally enforced in Indonesian criminal justice system dealing with a child in conflict with the law. It divides the discussion into two parts restorative justice in the juvenile justice system act 2012 and the implementation of restorative juvenile justice in Indonesia. In order to response to these research aims, this paper employs doctrinal legal research.

Comparing Reforms of Juvenile Justice in Bangladesh and Malaysia

Substantive Justice International Journal of Law

The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.

The Rehabilitation Theory in Adjudicating Child Offenders and Its Application in Malaysia

Asian Social Science, 2013

Children who find themselves on the wrong side of the law must bear the legal consequences to ensure that they obey societal norms. The question is: what theory forms the legal basis for legal action against these troubled young offenders? Will the courts apply the deterrence theory by sentencing them to harsher punishments, or will they apply the rehabilitation theory by passing lighter orders? The objective of this article is to debate one of the theories applied by the Court for Children in their adjudicating process-the rehabilitation theory, and its application. This article will also discuss two legal provisions in the Child Act 2001 Malaysia (Act 611) which are based on the rehabilitation theory. This study finds that the rehabilitation theory is the best and most suitable theory to be applied to child offenders because it focuses on individual rehabilitation by taking into consideration the aspects of education, societal integration and rehabilitating them of their criminal mentality. The two aforementioned provisions, namely, on ‘approved school’ and ‘community services’, are orders founded on the rehabilitation theory and can potentially prevent child offenders from involving themselves in criminal activities in the future. The importance of this study is paramount as it shows that Malaysia is clearly behind in assimilating rehabilitative values and theory into Act 611. Ultimately, the placement of specific legislative provisions regarding community service within Act 611 is an initiative that must be expedited.

Protecting the Rights of Children in the Indonesian Juvenile Justice System

Journal of Law, Policy and Globalization, 2019

Delinquency rate of children every year always increases, if we look closely at the development of criminal acts committed by children so far, both in terms of quality and modus operandi. The research is an empirical legal research or commonly called as socio-legal research. It was conducted at Mamuju district, West Sulawesi, Indonesia. The results show that the implementation of the children rights' protection in the process of juvenile criminal justice has been going well, although there are still rights of the children that have not been fully fulfilled. Such as the right to be free from torture, punishment or other cruel, inhuman and degrading treatment, not being arrested, detained or imprisoned. The process of juvenile criminal justice is not fully running smoothly, because in practice several obstacles are encountered. These obstacles include: the lack of understanding from law enforcement officials regarding child protection, limited number of juvenile judges or judges specializing in child criminal cases, many courts still do not have a special courtroom for juvenile court trial, the lack of defendant's knowledge of the rights owned, there is no place to child custody or a Penitentiary for Children, so that child custody must be joined with adult in the sense that child custody with adult prisoners is not separated so that it can adversely affect child custody.

A Measure of Last Resort? The Current Status of Juvenile Justice in ASEAN Member States

The study is commissioned and carried out by the Raoul Wallenberg Institute (RWI) Institute of Human Rights and Humanitarian Law (RWI Regional Asia Programme and RWI Jakarta), "A Measure of Last Resort? The Current Status of Juvenile Justice in ASEAN Member States" is the first study of its kind, it provides statistical and narrative overviews of the juvenile justice systems in all ASEAN countries. The aim has been to identi­fy issues of common concern across member states, and RWI hopes that it may lead to new initiatives and dialogue that may enhance the protection of children in conflict with the law. (http://rwi.lu.se/what-we-do/academic-activities/pub/a-measure-of-last-resort-the-current-status-of-juvenile-justice-in-asean-member-states/) The report was first presented by RWI at the 13th UN Congress and Crime Prevention and Criminal Justice in Doha this 2015.

Legal Issues in Sentencing Child Offenders in Malaysia

2020

Malaysia as one of the countries that had signed the Convention of the Rights of the Child (CRC), has now reformed their Juvenile Criminal Justice System by introducing the Child Act 2011 (Act 611). The reformation includes the provision that allocates the orders for juvenile offenders to be issued by Magistrates from the Court for Children. This article aims to discuss the legal problems arising from punishing child offenders in Malaysia. The discussion will focus on the theoretical aspects of the underlying adjudication of each order in Act 611. This preliminary study found that the reform legislation through the Act 611 has not able to protect the best interests of children, particularly among those that conflict with the law. Order based on the theory of rehabilitation should be prioritized by the legislative and judiciary so the children could be given a second chance.

Criminal Court System for Juvenile Criminal Offender in Indonesia and the Struggle for Access to Justice

2019

The criminal law system of Indonesia formed a special court system for children criminals. This system is determined by considering that juvenile has distinguishing factors than adult that drive them to conduct criminality. Those can be analyzed based on psychological and sociological factors. The main purpose is to secure access for justice towards children criminality. However, provisions in Juvenile Court System law still have weaknesses that will endanger the access of justice. Therefore, in the enforcement aspects, that inclusivity is often being abandoned. This research is interdisciplinary by using normative-empirical method and qualitative method. Normative-empirical is analyzing on legal instrument using statute approach and also using primary data taken from interview. Qualitative method is a method that holistically describes a phenomenon by analyzing the quality of relations, situations, and other materials. This research analyzed on the inclusivity of juvenile delinquen...