An analysis of domestic violence act and its current enforcement in Malaysia / Nur Zaimah Ismail … [et al.]

The main concern of this study is to provide brief and comprehensive legal awareness on the latest scope of injury of a domestic violence offense protected by law, application process through enforcement officer that the victim has to follow in order to get protection and remedies available in the domestic violence act. The discussion includes the brief history of legislation of domestic violence in Malaysia, the case law that had been decided in domestic violence cases, types of remedies such as interim protection order, counselling and compensation which aim to facilitate the victim of domestic violence to seek protection and claim remuneration for suffering and loss occurred. Other than that, criticism on the implementation of the act by enforcement officer is also discussed in one special chapter. The aim of this study is to provide most effective and appropriate approach in giving legal awareness to the society on their rights regarding domestic violence problems. This task is accomplished by evaluating the root problem of domestic violence in the society in Malaysia and legal measure to tackle this problem. On this basis, a number of statutes and case law are widely examined to analyse the domestic violence provisions. The most significant statute of this study is Domestic Violence (Amendment) Act 2012. Apart from that, throughout the discussion, many comparisons of legislation with other jurisdiction is made to give a clear view on the loopholes that are not covered by Malaysia's jurisdiction. The most practical approach to from other countries such as Australia, United Kingdom and India is also discussed and evaluated to cover the loopholes in jurisdiction in Malaysia. This study concludes that most of the time society has sufficient awareness of the domestic violence problem, but they prefer to not get the involvement of legal enforcement due to cultural belief that family matter should remain personal and exposing domestic violence act by their own family member would embarrass and humiliating the family member itself. In addition, the legal enforcement officer also has such belief in refusing report involving domestic violence which is not considered physically severe to the victim. Thus, it is our contention to bring out the society's stigma on domestic violence and help them to know the extent of protection of domestic violence under the law.