Hukuman Terhadap Pesalah Kanak-kanak Di Malaysia: Pencegahan Atau Pemulihan?

Abstract

Juvenile justice system has been implemented in Malaysia for more than 50 years. Throughout these years, Malaysian Courts have applied different theories ofpunishments such as deterrence, retribution, incapacitation and rehabilitation. However, theories of deterrence and rehabilitation have often been used by Malaysian courts when dealing with child offenders. In doing so the courts are faced with the difficult task of balancing the the interests of the child offenders and the public. The objective ofthis article is to analyze both the theories and their application by the Malaysian courts. Using text analysis method by analysing reported cases involving' juvenile offenders, this article observes that Malaysian courts prefer the deterrence theory rather than the rehabilitation theory when dealing with child offenders. This is because the application of the theory safeguards the interest of the public by securing them from any criminal threats that may endanger the society. Second, deterrent punishment may deter the offenders from committing the offence in future. This article, however, maintains that the rehabilitation theory protects the best interests of the children. Unfortunately, the courts only apply rehabilitation theory ofpunishment for minor offences all to children of certain age. Although this theory has not been applied widely, the authors believe that rehabilitation theory has a great potential and may be developed as a framework for juvenile criminal justice system in Malaysia.