Compulsory Attendance Order as a Rehabilitation Sentence for Syariah Offenders

Abstract

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.