Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab
Vol. 5 No. 2 (2025): Jurnal Darussalam: Pemikiran Hukum Ketatanegaraan dan Perbandingan Mazhab

THE PROTECTION OF HUMAN RIGHTS IN THE MALAYSIAN LEGAL SYSTEM: CHALLENGES AND PROSPECTS

Shanmugam a/l Thiagarajan (The National University Of Malaysia)
Lalu Hendri Nur Iskandar (The National University Of Malaysia)



Article Info

Publish Date
26 Dec 2025

Abstract

This study examines the protection of human rights in the Malaysian legal system, focusing on its constitutional and legal framework, challenges in implementation, and prospects for strengthening human rights protection. The study employs a normative legal research method by analysing the Federal Constitution of Malaysia, relevant legislation, scholarly literature, and Malaysian journal articles. The findings indicate that the Federal Constitution, particularly Part II, provides the fundamental legal basis for protecting individual liberties, including the right to life, equality before the law, freedom of speech, and freedom of religion. However, the implementation of these protections continues to face challenges arising from legal restrictions, limitations on fundamental freedoms, enforcement issues, and the protection of vulnerable groups. The study also identifies the importance of judicial independence, institutional accountability, legal reform, and public awareness in improving human rights protection. Strengthening the role of the Human Rights Commission of Malaysia (SUHAKAM) and promoting greater consistency between domestic laws and international human rights standards are essential steps towards achieving more effective protection. This study concludes that a stronger commitment to constitutional principles, transparent governance, and the rule of law is necessary to ensure that human rights are protected fairly and effectively in Malaysia.

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Journal Info

Abbrev

jd

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Focus dan Scoope This journal is published twice a year in June and December. This journal has specifications in the fields of Islamic law, constitutional law, public policy, Islamic politics, fiqh siyasa. This journal is expected to contribute to academics in studying politics and constitutional ...