2023_The Applicability of Diversion as an Alternative Measure in Dealing with Children in Conflict with the Law in Malaysia
| Format: | General Document |
|---|
| _version_ | 1860798163165642752 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2023-06-21 |
| format | General Document |
| id | 16245 |
| institution | UniSZA |
| originalfilename | THE APPLICABILITY OF DIVERSION AS AN ALTERNATIVE MEASURE IN DEALING WITH CHILDREN IN CONFLICT WITH THE LAW IN MALAYSIA (MASTER_2023).pdf |
| person | Norshamimi binti Mohd Mazlan |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16245 |
| sourcemedia | Server storage Scanned document |
| spelling | 16245 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16245 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 192 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 2.4.24; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Copyright©PWB2025 2023-06-21 THE APPLICABILITY OF DIVERSION AS AN ALTERNATIVE MEASURE IN DEALING WITH CHILDREN IN CONFLICT WITH THE LAW IN MALAYSIA (MASTER_2023).pdf Norshamimi binti Mohd Mazlan Applicability Dealing Children Juvenile justice Criminal justice Alternative measures 2023_The Applicability of Diversion as an Alternative Measure in Dealing with Children in Conflict with the Law in Malaysia Children who are fragile and vulnerable in many aspects should not be treated as adults, even when they happen to be in conflict with the law. A close examination of Malaysian juvenile justice discloses that it is still primarily based on traditional criminal justice, which focuses on formal police and court-based interventions. The application of formal adjudication methods has been long criticised for its ineffectiveness in achieving its aims of offender reform, rehabilitation, and crime prevention, especially when the offences are minor. In fact, its application has also been clouded by the issues of recidivism, high volume of incarceration, and unreasonable delay in disposal of cases due to the complexity and rigidity of procedural law. To date, the Malaysian juvenile justice system does not provide any express provision for alternative measures or diversionary programmes to resolve minor offences among child offenders. This research proposes the introduction of diversionary measures as an alternative method in dealing with children in conflict with the law in the Malaysian juvenile justice system. The proposed diversionary measures, which emphasize the informal approach, may avoid the negative impacts of the formal adjudication process from the children and enable them to reintegrate into the community. This research adopted doctrinal legal method as it is relevant to evaluate and analyse legal theories for the development and application of the juvenile justice system. A special reference was made to the juvenile justice system in New Zealand, England, and Wales, which are prominent for their comprehensive diversionary programmes in handling child delinquency. As for data collection, this research resorted to data from primary and secondary sources in law. The data from the primary sources consist of statutes, international instruments, and cases, while secondary sources include law books, journals, newspaper articles and reports, conference proceedings, and other relevant legal documents. The above data were analysed using a content analysis approach based on historical, philosophical, and special reference perspectives. This research identified that the current Malaysian juvenile justice mainly emphasises formal adjudication methods in dealing with children in conflict with the law. The application of the formal adjudication methods is deemed to be less effective and inappropriate to deal with children committing minor offences. The existing law does not provide provision for the application of informal and alternative measures, which have been widely adopted and practiced in various juvenile justice systems across the world. This research concluded that it is high time to introduce diversionary measures into the Malaysian juvenile justice system as an alternative approach to deal with children in conflict with the law, particularly in minor offences. These diversionary measures may introduce a new dimension and enhance the effectiveness and flexibility of the existing Malaysian legal framework on juvenile justice. Dissertations, Academic Thesis |
| spellingShingle | 2023_The Applicability of Diversion as an Alternative Measure in Dealing with Children in Conflict with the Law in Malaysia |
| state | Terengganu |
| subject | Juvenile justice Criminal justice Alternative measures Dissertations, Academic |
| summary | Children who are fragile and vulnerable in many aspects should not be treated as adults, even when they happen to be in conflict with the law. A close examination of Malaysian juvenile justice discloses that it is still primarily based on traditional criminal justice, which focuses on formal police and court-based interventions. The application of formal adjudication methods has been long criticised for its ineffectiveness in achieving its aims of offender reform, rehabilitation, and crime prevention, especially when the offences are minor. In fact, its application has also been clouded by the issues of recidivism, high volume of incarceration, and unreasonable delay in disposal of cases due to the complexity and rigidity of procedural law. To date, the Malaysian juvenile justice system does not provide any express provision for alternative measures or diversionary programmes to resolve minor offences among child offenders. This research proposes the introduction of diversionary measures as an alternative method in dealing with children in conflict with the law in the Malaysian juvenile justice system. The proposed diversionary measures, which emphasize the informal approach, may avoid the negative impacts of the formal adjudication process from the children and enable them to reintegrate into the community. This research adopted doctrinal legal method as it is relevant to evaluate and analyse legal theories for the development and application of the juvenile justice system. A special reference was made to the juvenile justice system in New Zealand, England, and Wales, which are prominent for their comprehensive diversionary programmes in handling child delinquency. As for data collection, this research resorted to data from primary and secondary sources in law. The data from the primary sources consist of statutes, international instruments, and cases, while secondary sources include law books, journals, newspaper articles and reports, conference proceedings, and other relevant legal documents. The above data were analysed using a content analysis approach based on historical, philosophical, and special reference perspectives. This research identified that the current Malaysian juvenile justice mainly emphasises formal adjudication methods in dealing with children in conflict with the law. The application of the formal adjudication methods is deemed to be less effective and inappropriate to deal with children committing minor offences. The existing law does not provide provision for the application of informal and alternative measures, which have been widely adopted and practiced in various juvenile justice systems across the world. This research concluded that it is high time to introduce diversionary measures into the Malaysian juvenile justice system as an alternative approach to deal with children in conflict with the law, particularly in minor offences. These diversionary measures may introduce a new dimension and enhance the effectiveness and flexibility of the existing Malaysian legal framework on juvenile justice. |
| title | 2023_The Applicability of Diversion as an Alternative Measure in Dealing with Children in Conflict with the Law in Malaysia |
| title_full | 2023_The Applicability of Diversion as an Alternative Measure in Dealing with Children in Conflict with the Law in Malaysia |
| title_fullStr | 2023_The Applicability of Diversion as an Alternative Measure in Dealing with Children in Conflict with the Law in Malaysia |
| title_full_unstemmed | 2023_The Applicability of Diversion as an Alternative Measure in Dealing with Children in Conflict with the Law in Malaysia |
| title_short | 2023_The Applicability of Diversion as an Alternative Measure in Dealing with Children in Conflict with the Law in Malaysia |
| title_sort | 2023_the applicability of diversion as an alternative measure in dealing with children in conflict with the law in malaysia |