Challenges encountered by Malaysian prosecutors in human trafficking

Anti-Trafficking in Persons and Smuggling of Migrants Act 2007 is the federal antitrafficking and anti-smuggling legislation in Malaysia. Ten years after its enactment, fewer cases on human trafficking were identified. Statistics showed that the number of the victim saved and perpetrators prosecuted...

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Main Authors: Ab Hamid, Zuraini, Ab Aziz, Norjihan, Mohamad Amin, Noor Shuhadawati
Format: Article
Language:English
Published: AESS Publications 2018
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Online Access:http://irep.iium.edu.my/62117/1/ARTICLE.pdf
http://irep.iium.edu.my/62117/
http://www.aessweb.com/pdf-files/IJASS-2018-8(1)-21-27.pdf
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spelling my.iium.irep.621172018-06-06T03:49:43Z http://irep.iium.edu.my/62117/ Challenges encountered by Malaysian prosecutors in human trafficking Ab Hamid, Zuraini Ab Aziz, Norjihan Mohamad Amin, Noor Shuhadawati H Social Sciences (General) K Law (General) Anti-Trafficking in Persons and Smuggling of Migrants Act 2007 is the federal antitrafficking and anti-smuggling legislation in Malaysia. Ten years after its enactment, fewer cases on human trafficking were identified. Statistics showed that the number of the victim saved and perpetrators prosecuted before the courts have reduced, although some commentators suggested that the original estimates of the cases are higher due to recent modern approaches in slavery. Some scholars claimed that the act by its nature is already a comprehensive set of laws to prevent the crime since its first introduction compared to other Tier 1 countries in Trafficking in Persons (TIP) report such as Australia which has gradually enhanced its legislation. However, the comprehensiveness of the act does not guarantee the prevention of human trafficking due to the ineffectiveness of prosecution officers in prosecuting the perpetrators, thus denying the rights of the victims to be protected as reported in TIP reports from 2010 until 2017. This is a qualitative and legal studies adopting doctrinal and legal research approaches. This paper analyzed the prosecution of human trafficking cases in Malaysia. The findings revealed the obstacles faced by the prosecution officers in carrying their duties against the perpetrators, contributed by enacted legislation, nongovernmental organizations, judiciary officers, and enforcement bodies. AESS Publications 2018-01 Article REM application/pdf en http://irep.iium.edu.my/62117/1/ARTICLE.pdf Ab Hamid, Zuraini and Ab Aziz, Norjihan and Mohamad Amin, Noor Shuhadawati (2018) Challenges encountered by Malaysian prosecutors in human trafficking. International Journal of Asian Social Science, 8 (1). pp. 21-27. ISSN 2226-5139 http://www.aessweb.com/pdf-files/IJASS-2018-8(1)-21-27.pdf 10.18488/journal.1.2018.81.21.27
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic H Social Sciences (General)
K Law (General)
spellingShingle H Social Sciences (General)
K Law (General)
Ab Hamid, Zuraini
Ab Aziz, Norjihan
Mohamad Amin, Noor Shuhadawati
Challenges encountered by Malaysian prosecutors in human trafficking
description Anti-Trafficking in Persons and Smuggling of Migrants Act 2007 is the federal antitrafficking and anti-smuggling legislation in Malaysia. Ten years after its enactment, fewer cases on human trafficking were identified. Statistics showed that the number of the victim saved and perpetrators prosecuted before the courts have reduced, although some commentators suggested that the original estimates of the cases are higher due to recent modern approaches in slavery. Some scholars claimed that the act by its nature is already a comprehensive set of laws to prevent the crime since its first introduction compared to other Tier 1 countries in Trafficking in Persons (TIP) report such as Australia which has gradually enhanced its legislation. However, the comprehensiveness of the act does not guarantee the prevention of human trafficking due to the ineffectiveness of prosecution officers in prosecuting the perpetrators, thus denying the rights of the victims to be protected as reported in TIP reports from 2010 until 2017. This is a qualitative and legal studies adopting doctrinal and legal research approaches. This paper analyzed the prosecution of human trafficking cases in Malaysia. The findings revealed the obstacles faced by the prosecution officers in carrying their duties against the perpetrators, contributed by enacted legislation, nongovernmental organizations, judiciary officers, and enforcement bodies.
format Article
author Ab Hamid, Zuraini
Ab Aziz, Norjihan
Mohamad Amin, Noor Shuhadawati
author_facet Ab Hamid, Zuraini
Ab Aziz, Norjihan
Mohamad Amin, Noor Shuhadawati
author_sort Ab Hamid, Zuraini
title Challenges encountered by Malaysian prosecutors in human trafficking
title_short Challenges encountered by Malaysian prosecutors in human trafficking
title_full Challenges encountered by Malaysian prosecutors in human trafficking
title_fullStr Challenges encountered by Malaysian prosecutors in human trafficking
title_full_unstemmed Challenges encountered by Malaysian prosecutors in human trafficking
title_sort challenges encountered by malaysian prosecutors in human trafficking
publisher AESS Publications
publishDate 2018
url http://irep.iium.edu.my/62117/1/ARTICLE.pdf
http://irep.iium.edu.my/62117/
http://www.aessweb.com/pdf-files/IJASS-2018-8(1)-21-27.pdf
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score 13.214268