Prevention over Punishment: Restoring Hope through Malaysian Child Act 2001

Daleleer Kaur Randawar, Muhammad Izwan Ikhsan, Ahmad Ridhwan Abd. Rani, Syuhaeda Aeni Mat Ali and Shirin Shubashini Ramaiah
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Daleleer Kaur Randawar: Faculty of Law, University Technology MARA, Shah Alam, Selangor, Malaysia
Muhammad Izwan Ikhsan: Faculty of Law, University Technology MARA, Shah Alam, Selangor, Malaysia
Ahmad Ridhwan Abd. Rani: Faculty of Law, University Technology MARA, Shah Alam, Selangor, Malaysia
Syuhaeda Aeni Mat Ali: Faculty of Law, University Technology MARA, Shah Alam, Selangor, Malaysia
Shirin Shubashini Ramaiah: Shirin & Co., Mantin, Negeri Sembilan, Malaysia

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 5, 857-866

Abstract: Juvenile delinquency remains a persistent issue in Malaysia, where the conventional punitive approach has been criticized for failing to deter crimes and reduce recidivism among child offenders. Recognizing the limitations of purely punitive justice, Malaysia through Child Act 2001 has incorporated the element of restorative justice to facilitate the shift from punishment to rehabilitation and early prevention of juvenile crimes. By employing a doctrinal legal method, this study scrutinizes the relevant provisions of the Child Act 2001 and case laws to evaluate the application of restorative justice. The findings support the gradual yet significant move from punitive approach to a prioritization of community-based intervention. This article concludes that the implementation of restorative justice should be more formalized to effect long term prevention of juvenile offending in Malaysia.

Date: 2025
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