16. A LEGAL REVIEW ON GRAVE CRIMES FOR CHILDREN IN MALAYSIA

Abstract

This paper reviews the law on grave crimes involving children in Malaysia with a particular focus on the Child Act 2001 (Act 611). This study applies doctrinal legal research using descriptive approach. It discusses the increasing rate of serious offenses by minors, such as murder and drug trafficking, and the legal procedures in place to address these cases. The paper also traces the evolution of juvenile justice in Malaysia, highlighting key legislative amendments and international conventions that have influenced the country’s approach. Furthermore, it addresses the challenges in sentencing, balancing societal protection and children’s rights, and the roles of various stakeholders. The paper advocates for a holistic approach to juvenile delinquency, emphasizing the need for a system that prioritizes rehabilitation and reintegration over punishment. This study contributes to the ongoing discourse on juvenile justice in Malaysia and offers insights for policymakers, legal practitioners, and researchers in the field. This study is imperative since official figures indicate that in 2022, there were 3,013 instances of minors engaged in criminal activities, with a simultaneous uptick of 9.5 percent in sexual offenses involving children during the same period. Additionally, data reveals that 73.5 percent of children requiring care and protection belong to the bumiputera community, significantly surpassing other ethnic groups. In Malaysia, bumiputera includes Malays who are Muslims. This demographic of children is notably predisposed to serious criminal involvement.