A QUALITATIVE ANALYSIS OF AFTERCARE SUPERVISION IN THE JUVENILE JUSTICE SYSTEM IN MALAYSIA: THE NEED FOR LEGAL REFORMS

Abstract

Despite the recent decline in juvenile crimes in Malaysia, children across the country continue to face formal processing and incarceration. Many children find it challenging to transition back into the community following their release from the institutions—especially given the lack of legal framework and guidelines in Malaysia for supporting children during the aftercare or re-entry process. To explore what system actors perceive as factors contributing to the challenges of aftercare supervision or re-entry, this study conducted 12 qualitative interviews with probation officers who supervise children during the aftercare process, and psychology officers who work with children during incarceration. A qualitative analysis of these interviews produced results that highlight critical gaps in Malaysia’s system of juvenile aftercare supervision. Results indicated that children often did not receive adequate support from the existing system of aftercare supervision and, therefore, face difficulty overcoming several aftercare challenges identified by system actors. These included negative peers and environment, and the lack of family involvement. The study has provided several recommendations for key stakeholders to spearhead reforms in addressing the needs of children participating in the aftercare supervision process in Malaysia. This study is significant as it will ensure that the children, following their release from the formal institutions, and in line with the international legal framework, are given the necessary support they need in aftercare supervision to help them during the reintegration process.