Isu Perundangan Mengenai Hukuman Jenayah Oleh Kanak-Kanak di Malaysia

Abstract

The rights of children to special protection of the law have been recognised by the international law and the United Nation Convention on the Rights of the Child (UNCRC). Though UNCRC is not a part of our domestic law but its influence on many provisions in the Malaysian Child Act 2001 is clear. One of the examples that can be found in regard to a child's right is an alternative punishment for the death penalty provided under section 97. This writing seeks to discuss the said provision of law and some legal issues pertaining to this type of punishment in Malaysia. It is identified that imprisonment is the most appropriate punishment to be imposed on children committing murder in Malaysia.