Community service orders are a proposed alternative form of punishment for children who have been or are in conflict with the law. Despite an absence of clear laws in Malaysia pertaining to this order regarding its application to child offenders, it is nonetheless viewed as a more suitable form of punishment in protecting a child offender's best interest compared to a fine or a sentence of imprisonment. In light of the above, the objective of this article is to analyse two main legal issues relating to the future implementation of community service orders as an alternative form of sentence, such as the number of credit hours per sentence and the types of community service activities to be implemented. The research has shown that there is no uniformity in determining the minimum and maximum amount of credit hours in implementing community service orders against child offenders where some countries may have the maximum of 80 to 150 hours and 8 to 10 hours for the minimum. The research also found that community service orders have greatly benefited both the society and child offenders; the child offenders will be integrated back to the society and might as well undergo their rehabilitation process. This research may be significant in preparing guidelines or a complete implementation model for community service orders applicable to child offenders in Malaysia, as well as a reference for the Officers in the Community Service Department and Magistrates in the Child Courts in Malaysia.
The establishment of the Court for Children in the juvenile justice system is to provide legal protection for children. This court consists of a Magistrate and two advisors which one of them is a woman as provided in section 11 (2) of the Child Act 2001. Basically, the role of the advisor of the Court for Children is to advise the Magistrate relating to the orders (punishment) to be imposed on children who are in conflict with the law and to advise the parents or guardians whenever necessary. However, Section 11 of the Child Act 2001 is the only provision as regards the advisor of the Court for Children in Malaysia. There are no other guidelines or regulations on the mechanism of execution of duties of the advisor, its appointments, and training requirements. Thus, this study aims to identify the issues and challenges relating to the position and roles of the advisor. An analysis is made of legal documents and academic journals. Semi-structured interviews were also conducted with the Social Welfare Department (JKM), Ministry of Women, Family and Community Development (KPWKM), Legal Affairs Division (BHEUU), Prime Minister Department (JPM), and five Children Court advisors (who are representing the urban and rural areas). The study found that the Children Court advisor was recognized in 1947 via the Juvenile Court Act 1947. However, there are several issues and challenges to be addressed including the jurisdiction, governance structure, a mechanism of execution of duties, appointment criteria, the appointment process, modules, and training for Children Court advisors. The absence of guidelines, specific regulations, or manuals has limited the functions and roles of the Children Court advisor. This study suggests a better legal framework for the Children Court advisors to increase their credibility and professionalism. Thus, they can play an effective role in the juvenile justice system in Malaysia.
Penubuhan Mahkamah bagi Kanak-kanak (MBKK) dalam sistem keadilan jenayah kanak-kanak bertujuan memberikan perlindunganundang-undang terhadap kanak-kanak. Mahkamah ini dianggotai oleh seorang Majistret dan dibantu oleh dua orang penasihat seperti yang diperuntukkan dalam seksyen 11(2) Akta Kanak-Kanak 2001 (AKK 2001). Penasihat MBKK berperanan menasihati Majistret dalam memberikan perintah kepada kanak-kanak yang berkonflik dengan undang-undang dan jika perlu menasihati ibu bapa atau penjaga kanak-kanak tersebut. Namun penasihat MBKK berdepan cabaran untuk menasihati mahkamah akibat kurang pendedahan kepada modul dan latihan berkaitan. Sekyen 11 AKK 2001 juga tidak memperuntukkan keperluan latihan bagi penasihat MBKK. Sehubungan itu, kajian ini bertujuan mengenal pasti modul dan latihan sedia ada berserta isu dan cabaran yang dihadapi oleh penasihat MBKK dan pihak-pihak terlibat berkaitan pelaksanaan modul dan latihan tersebut. Analisis dibuat terhadap jurnal akademik, dokumen perundangan dan modul berkaitan. Temu bual separa struktur turut dijalankan dengan Jabatan Kebajikan Masyarakat (JKM), Kementerian Pembangunan Wanita Keluarga dan Masyarakat (KPWKM) dan lima orang penasihat MBKK (mewakili kawasan bandar dan luar bandar) bagi mengenal pasti isu dan cabaran yang dihadapi oleh penasihat MBKK. Kajian mendapati modul latihan bagi penasihat MBKK telah dibangunkan pada tahun 2013 oleh JKM dan Fakulti Undang-undang (FUU), Universiti Malaya yang mencakupi aspek perundangan. Namun terdapat beberapa kekangan dalam pelaksanaan modul latihan tersebut. Kajian ini mencadangkan kerangka penambahbaikan kepada modul dan latihan penasihat MBKK bagi meningkatkan wibawa serta profesionalisme penasihat MBKK selain membantu mereka untuk berperanan secara efektif dalam sistem keadilan jenayah kanak-kanak di Malaysia. (Training Module for Children Court Advisors in Malaysia: An Improvement Proposal) ABSTRACTThe establishment of the Court for Children in the juvenile justice system aims to provide legal protection for the children. The courtcomprises a Magistrate and is assisted by two advisors as provided in section 11 (2) of the Child Act 2001. The role of the Children CourtAdvisor is to advise the Magistrate as well as the children who are in conflict with the law and if necessary to advise the parents or guardiansof the children. In many occasions, the Children Court Advisors have difficulties in advising the court. It is because of the lack of exposure tothe modules and trainings relating to that. Furthermore, section 11 of Child Act 2001 does not provide for training requirements for ChildrenCourt Advisor. Thus, this study aims to identify the existing modules and training as well as the issues and challenges faced by ChildrenCourt Advisor and the related parties in the implementation of such modules and training. An analysis is made on the academic journals, legal documents and related modules. Semi -structured interviews were also be conducted with the Social Welfare Department (JKM), Ministry of Women, Family and Community Development (KPWKM) and five Children Court Advisors that are representing the urban and rural areas. It is to identify the issues and challenges faced by Children Court Advisor as regards to the training modules. The study found that JKM and the Faculty of Law (FUU), University of Malaya have developed the training module for Children Court Advisor in 2013. However, there are some constraints in implementing such modules and trainings. This study proposes an improvement on the training modules of Children Court Advisor in order to increase the credibility and professionalism of the advisors as well as to help them to play an effective role in the juvenile justice system in Malaysia.
One of the issues that often circulates among newly recruited Sharia lawyers is the lack of the required capability or aptitude to be a Sharia counsel, especially when conducting legal counseling with clients.
Syariah criminal proceedings in the Syariah Court are carried out through the provisions specified in the respective state's criminal procedure statute. State Syariah courts in adjudicating syariah criminal cases in Malaysia will impose punishment on offenders based on the rate and form of punishment that has been stated in the Jurisdiction of Syariah Courts Jurisdiction (Amendment 1965) Act or Act 355. The punishments imposed are fines, flogging and imprisonment. However, there is no practice of rehabilitative punishment given to offenders due to the ambiguity in the existing legal provisions. The provisions of the law only detail the rehabilitation or alternative punishment given to young offenders according to the age level of the young offender stated in the respective state statutes. As a measure to overcome the ambiguity, the government has now enacted the Compulsory Attendance Order Guidelines (PKW) as one of the alternatives to rehabilitative punishment. The implementation of this sentence will give space to offenders to serve their sentence outside of prison through the PKW that will be implemented. This study uses a qualitative methodology that uses semi-structured interview methods and refers to scientific writings, journals and books related to the discussion. The results of the study are focused to collect a finding on the implementation of Compulsory Attendance Order (PKW) as one form of rehabilitative punishment in sharia crimes that is in line with the concept of rehabilitative punishment in sharia criminal legislation in Malaysia.
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