Media Statement – 1/4/2026
Deterrent Sentence YES but NO to Death Penalty for causing death in road accidents
MADPET (Malaysians Against Death Penalty and Torture) is appalled by the call of Machang MP Wan Ahmad Fayhsal Wan Ahmad Kamal(formerly of BERSATU) urging the government to study amending ‘the law to allow for the death penalty to be imposed on drunk drivers who cause death.’(FMT, 30/3/2026). A deterrent sentence may be required, but not death penalty – where in Malaysia, a person is hanged to death.
Mandatory Death Penalty Abolished but Courts still sentencing to Death
Malaysia abolished the mandatory death penalty – but sadly the death penalty still remains in Malaysia. The Abolition Of Mandatory Death Penalty Act 2023 (AMDP Act 2023), which came into force on 4/7/2023, now still gives the court the power to impose the death penalty – and sadly Malaysian Courts are still continue to use the death penalty.
On 10/3/2026, for example, the Court of Appeal upheld the death sentences imposed on the Klang Valley couple involved in the 2020 Sibu ‘suitcase murder’.(Malay Mail, 10/3/2026)
On 9/1/2026, it was reported that Malaysian-based Nigerian, Ibekwe Emeka Augustine was sentenced to death by hanging for murdering a four-year-old boy in 2020. “You are sentenced to death by hanging until you are dead. However, you have the right to appeal against the sentence at the Court of Appeal,”, said High Court judge K. Muniandy.(Peoples Gazette, 9/1/2026).
As a consequence, the numbers on Death Row is increasing again.
When the mandatory death penalty was abolished, Malaysia also enacted the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023, which came into force on 12/9/2023, to enable the Federal Court to review the death sentence of those on death row, and it resulted in most death sentences being revised to imprisonment and whipping sentences. However, the Federal Court retained the death sentence for some.
On 21/11/2025, Azalina Othman Said, the Minister in the Prime Minister’s Department (Law and Institutional Reform), said that a total of 863 inmates facing the death penalty have had their sentences commuted or reduced However, 49 remain on death row as of October 2024. Today, the number on death would have now increased. (Star, 21/11/2025)
NO more mechanism to revise Death Sentence of Death Row inmates
The major problem now, is that the ability of the Federal Court to revise death sentences was only a temporary provision, and now, those on death row still and thereafter, have no longer this option of applying to the Federal Court to revise their death sentence. This means the numbers on death row will only increase with time.
MADPET calls for an enactment of a law that will permanently be available to death row inmates to apply to court for their death sentence to be revised, and it best be revised to an alternative sentence avoiding anymore persons being hanged to death.
The new Indonesian Penal Code (Kitab Undang-Undang Hukum Pidana Baru or KUHP Baru), which should have come into force on 2/1/2026, with regards to death penalty, now imposes a ten-year probationary period, during which good behaviour may lead to the death sentence being reduced to imprisonment.(The Jakarta Post, 22/12/2025)
Malaysia should totally abolish the death penalty, and until then enact a law, that ensures death sentence is not carried out, requiring the court to review death sentence, periodically maybe once every 2 – 5 years, taking into account good behaviour and repentance, that may lead to a revision of the death penalty to a sentence of imprisonment. Forgiveness and 2nd chances are matters that Malaysians do accept.
Minister Azalina said the government has formed a task force to reassess the country’s death penalty policy and long-term direction. “The review is expected to be completed by January 2026, after which its recommendations, including the future of the execution moratorium, will be presented to the Cabinet,” (Star, 21/11/2025). It is April 2026, and we have not yet heard anything.
MADPET hopes that Malaysia will abolish death penalty, and in the interim a law is enacted to speedily deal with the rising numbers on death row.
Death Caused by Road Accidents
While, this Malaysian politician focusses on drunk driving, some of the causes of road accidents that resulted in deaths in Malaysia have been by reason of the failure of law enforcement and the government.
“The failure of the bus braking system, which was contaminated and inconsistent, combined with driving at speeds exceeding safe limits, led to a loss of vehicle control. Challenging road conditions, weaknesses in the design and installation of road barriers and the structural failure of the bus cabin further increased the severity of the impact and the resulting injuries,” the report (the Transport Ministry report on the 9/6/2025 bus crash in Gerik, Perak, that killed 15 Universiti Pendidikan Sultan Idris (UPSI) students) read.(Star, 24/1/2026). If the braking system fails, can any driver be reasonably blamed for speeding?
Was the regular inspection of road-worthiness of the bus properly carried out by the relevant law enforcement? Or did lackadaisical attitude and ‘corruption’ prevent or ‘compromise’ law enforcement?
‘Apart from that, road markings have worn out and guardrails are defective.’ (FMT, 31/1/2026)
It is sad that we do not see any criminal actions taken against the Government and public officers, when their actions (or failures) may have caused road accidents that caused deaths, and MADPET calls for enactment of laws that imposes criminal liability on even Ministers(personally), and public officers, who by their action/omission contributed and/or caused fatal road traffic accidents and also fatal industrial accidents.
DUI – Alcohol and DRUGS
Driving under influence, is and must be a crime but it must apply also to drugs, and not just alcohol.
Does Malaysia now have an effective way of determining whether drivers are under the influence of drugs?
Should laws be enacted barring drug users from driving until proven that they are no more drug consumers? Focusing on alcohol only is just not enough in DUI (driving under influence) cases.
Many countries impose the death penalty for a variety of offences, including corruption, but Malaysia should abolish the death penalty for all crimes, and never increase death penalty for any new crimes including driving under the influence that caused death.
JUSTICATION for abolition of Death Penalty clear
MADPET notes that the death penalty is cruel, inhumane, violates the right to life, and there is the high possibility of miscarriage of justice, which cannot ever be reversed if the convicted is already dead.
Death Penalty goes against the religious and values of Malaysians, where our faith or beliefs advocate for compassion, forgiveness and second chances.
Death penalty also inadvertently makes all Malaysians ‘murderers’ – as it is intentional killing by the State.
MADPET reiterates the call for the total abolition of the death penalty in Malaysia, and a moratorium on execution pending abolition; and
MADPET calls on Malaysian political parties, MPs and peoples’ representatives, to make a clear public commitment for the abolition of the death penalty.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
MP moots death penalty for drunk drivers in fatal crashes
An MP from PAS meanwhile calls for lifetime driving bans for offenders after the fatal crash in Klang yesterday.
Machang MP Wan Ahmad Fayhsal Wan Ahmad Kamal said the stiffer penalties enacted under the Road Transport Act in 2020 failed to deter offenders from drink driving.
“Therefore, I urge the government to study amending the law to allow for the death penalty to be imposed on drunk drivers who cause death.
“When someone under the influence still chooses to drive, the law should consider that the person has intent to kill, because their actions clearly have a high risk of killing others,” the former Bersatu leader said in a Facebook post.
Jerantut MP Khairil Nizam Khirudin meanwhile called for lifetime driving bans for all drink driving offenders, saying suspensions are insufficient.
The PAS leader said the government must take a far tougher line on drink driving given the threat offenders pose to other road users, making it a matter of public safety rather than just a traffic offence.
He said the government should strengthen enforcement under the Road Transport Act and ensure that stiff punishments are consistently imposed.
“One more life has been lost. One more family has been destroyed. Justice must be served,” he said in a statement, urging transport minister Loke Siew Fook to take action.
Under Section 44 of the Road Transport Act, those convicted of causing death while driving under the influence may face 10 to 15 years in prison and a fine of between RM50,000 and RM100,000.
They will also be barred from holding a driving licence for at least 10 years from the date of their conviction.Repeat offenders can face 15 to 20 years’ jail, a RM100,000 to RM150,000 fine, and a 20-year ban from driving.
A motorcyclist was killed in Klang yesterday morning after being rammed by a car driven by a man in his 20s who was driving under the influence.
A dashcam video clip posted online showed an overtaking car in the opposite lane crashing into an oncoming motorcyclist, sending the victim flying into the air and landing on top of another vehicle.
The suspect has been remanded until Thursday.
PAS Youth chief Afnan Hamimi Taib Azamudden has offered free legal aid to the victim’s family to ensure justice for the deceased. - FMT, 30/3/2026
49 still on death row, says Azalina
A total of 863 inmates facing the death penalty have had their sentences commuted or reduced, says Datuk Seri Azalina Othman Said.
However, 49 remain on death row as of October 2024, the Minister in the Prime Minister’s Department (Law and Institutional Reform) said.
“Although the mandatory death penalty has been abolished, judges still retain the discretion to impose capital punishment,” she said in a written parliamentary reply yesterday.
Azalina was replying to a question from Ramkarpal Singh (PH-Bukit Gelugor), who had asked whether the government intends to extend the moratorium on executions for prisoners whose death sentences have been upheld by the Federal Court.r
Under the Review of Death Penalty and Life Imprisonment Act 2023, the mandatory death penalty was abolished and the number of offences that carry capital punishment was reduced.
Azalina said the government has formed a task force to reassess the country’s death penalty policy and long-term direction.
“The group will work with the Criminal Law Reform Committee and conduct holistic stakeholder engagements, including with criminal law experts, families of death row inmates and families of victims.
“The review is expected to be completed by January 2026, after which its recommendations, including the future of the execution moratorium, will be presented to the Cabinet,” she added.
Azalina stressed that the moratorium on executions, which has been in place since 2018, remains.
The move reflects the government’s commitment to fair trial standards, human rights considerations, and balancing justice for victims with the wider public interest. - Star, 21/11/2025
System failure, human error caused Upsi bus tragedy
PETALING JAYA: Speeding, brake failure and human error have been found in the bus crash in Gerik, Perak, that killed 15 Universiti Pendidikan Sultan Idris (Upsi) students, say the comprehensive investigation report commissioned by the government following the June 9 incident last year.
In a 188-page report released by the Transport Ministry yesterday, the special task force concluded that a combination of factors, including mechanical, human, environmental and organisation elements were to blame.
“The failure of the bus braking system, which was contaminated and inconsistent, combined with driving at speeds exceeding safe limits, led to a loss of vehicle control. Challenging road conditions, weaknesses in the design and installation of road barriers and the structural failure of the bus cabin further increased the severity of the impact and the resulting injuries,” the report read.
It also said that all passenger seats, as well as the co-driver seat, were not equipped with seat belts.
The bus also lacked onboard cameras or GPS devices, and no internal footage from the vehicle was obtained.
“The footage used in the analysis was obtained from another public vehicle and served as the primary source for the incident’s reconstruction and kinematic analysis,” said the investigators from various institutions and agencies, including the Malaysian Institute of Road Safety Research, Land Public Transport Agency and Road Transport Department.
Investigators said the braking system lost its integrity, while the bus was being driven at an inappropriate speed just before the incident.
“Aggressive braking at high speed caused a rapid increase in brake component temperatures ... progressively reducing braking effectiveness,” said the investigators.
A simulation using kinematic analysis, together with footage from another vehicle, estimated the bus’ speed when entering the curve to be 114.7kph, well above the 60kph limit for that stretch, and also surpassed the critical threshold for skidding and rollover, estimated to be between 111.3kph and 114.5kph.
One of the two bus drivers was also using a licence that had expired since 1998 when the privately chartered bus collided with an MPV headed in the same direction along the East-West Highway near Gerik.
Other than the 15 students who died, the incident also left 33 others injured, making it the deadliest road accident in Malaysia since the 2013 Genting Highlands bus crash that killed 37. - Star, 24/1/2026
UPSI bus tragedy was no accident but a system failure
If the mishap is treated as an isolated incident, rather than a warning, the system will fail again.
From Rahman Hussin
The release of the transport ministry’s final report on the investigation into the fatal UPSI bus crash on the East-West Highway should mark a turning point in how Malaysia understands road safety.
Not because the findings are shocking but because they confirm, with uncomfortable clarity, what transport safety research has long warned us: fatal crashes are rarely caused by a single mistake. They happen when multiple weaknesses in the system align.
This was not simply a case of a bus losing control.
It was a case of a safety system that failed to protect people when things went wrong.
For those who observe transport systems over time, the patterns revealed in this report are familiar. The investigation shows that the bus had passed routine inspection, yet still suffered critical brake failure under real downhill operating conditions.
This exposes a structural weakness in how we regulate safety, one that prioritises static compliance over dynamic risk.Passing an inspection does not mean a vehicle is safe in all operating environments.
Long-distance, overnight travel and hilly routes place very different demands on braking systems, maintenance quality, and driver management. Yet our regulatory framework largely treats all operations as equal, despite their vastly different risk profiles.
The road itself also failed.
The crash occurred on a steep, dark, sharply curved stretch with limited view at a distance. Apart from that, road markings have worn out and guardrails are defective.
These are not minor details. Internationally, modern road safety policy is built on a simple principle: people will make mistakes, but infrastructure should not turn those mistakes into fatalities.
In this case, roadside barriers that should have absorbed impact instead penetrated the bus structure, worsening injuries. Poor delineation and visibility reduced the margin for recovery. The road did not forgive error, it amplified its consequences.
Perhaps most troubling is what the report reveals about survivability.
Passengers were not protected by seat belts. Structural intrusion occurred during the rollover. Several victims were ejected. These outcomes were not inevitable; they reflect design and policy decisions made over time. Malaysia regulates buses primarily to operate but not to withstand crashes.
Globally, the focus has shifted from crash prevention alone to injury mitigation and survivability, particularly for high-occupancy vehicles operating in demanding conditions. Seat belts, rollover protection, interior integrity and restraint systems are no longer optional considerations. They are baseline safety expectations.
The investigation also exposes deeper governance questions. Maintenance occurred outside authorised frameworks. Licensing compliance slipped through enforcement gaps. Safety responsibility was distributed across agencies, each performing its function, yet no single entity owning the system outcome.
This is how systemic failure manifests: everyone complies within their silo, yet people still die.
The lesson from the UPSI tragedy is not about assigning blame. It is about recognising that road safety is a system, and systems must be designed to fail safely. This mirrors how other countries have reduced fatalities, not by perfecting people, but by strengthening systems.
If Malaysia is serious about reducing road deaths, the conversation must move beyond enforcement slogans and inspection checklists. We need risk-based regulation, infrastructure that forgives error, vehicles designed for survivability, and governance that treats safety as an integrated outcome, not a shared afterthought.
The report has done its job.
Now the harder task begins — learning from it; honestly, systemically, and without defensiveness.
Because if we treat this as an isolated tragedy, rather than a warning, the system will fail again.
Rahman Hussin is the executive director of MY Mobility Vision, a transport think tank. - FMT, 31/1/2026
Malaysian court sentences Nigerian Ibekwe Augustine to death for murder, sex crime
A Malaysian-based Nigerian, Ibekwe Emeka Augustine, has been sentenced to death by hanging for murdering a four-year-old boy in 2020.
Mr Augustine has been on trial for murdering his four-year-old step-grandson by throwing him from the third floor of an apartment and also sexually assaulting his 25-year-old stepdaughter, Malaysian local media reported on Friday.
High Court judge K. Muniandy sentenced Mr Augustine to death after convicting him of murder on Friday.
"You are sentenced to death by hanging until you are dead. However, you have the right to appeal against the sentence at the Court of Appeal,” Mr Muniandy said.
The judge also sentenced Mr Augustine to one year in prison for attempted suicide, five years for sexually assaulting his then 25-year-old stepdaughter, five years for attempted murder of his son, then aged 7, and 14 years for causing grievous hurt to his wife.
“All these inhumane and despicable acts of the accused could have been stopped, as the accused’s wife attempted to do so, but the accused persisted even after grievously injuring her.
“The victims were all traumatised by the entire incident and had to run away from the home before anything more dreadful was inflicted on them,” Mr Muniandy said.
Before the judge pronounced judgment, Mr Augustine had pleaded for leniency, stating, “I regret everything that happened, and it will not happen again. I remember going swimming and playing football with him. Please have mercy on me. Everything is in your hands.”
Mr Augustine’s counsel, Zulkifli Awang, had pleaded for leniency over the death sentence, arguing that his client threw the child from the third floor under drug intoxication.
“The facts show that his actions were due to schizophrenia and that he was of unsound mind, although the court had ruled that self-intoxication is not a defence,” Mr Awang said.
“But I want to stress that what occurred was due to his insanity, due to drug consumption. He has been in remand since his arrest, and he is repentant. Imprisonment would be a more appropriate sentence. It is not necessary to take another life.” - Peoples Gazzette, 9/1/2026
Indonesia's modernized penal code ratification represents positive transformation
Indra Allen and Agnes Wardhana (Partner and Junior Partner at PwC Legal Indonesia) Jakarta Mon, December 22, 2025 (Courtesy of PWC Indonesia)
I ndonesia is set to implement the New Indonesian Penal Code (Kitab Undang-Undang Hukum Pidana Baru or KUHP Baru), scheduled to come into effect on Jan. 2, 2026, enacted through Law No. 1 of 2023. The change demonstrates the country’s move away from a colonial-era criminal justice framework and reflects a modernized legal system rooted in national values and aligned with contemporary international norms. Overall, the reforms represent a deliberate move toward a more balanced and humane criminal justice system that prioritizes fairness, reduces reliance on incarceration and promotes societal healing. Among the most significant developments in this reform is the expanded and clarified regime of corporate criminal liability, a development that signals heightened responsibilities and potential risks for businesses across Indonesia. Understanding these changes is essential for corporations, legal practitioners and stakeholders as they navigate the shifting legal landscape. Introducing a new philosophy The shift is the new development highlights restoration over retribution, a clear distinction from its predecessor of KUHP Lama, which has long characterized Indonesia’s criminal law. The KUHP Baru reflects a fundamental reorientation of criminal justice objectives, endorsing restorative justice as the central sentencing philosophy. The retributive system that emphasizes punishment, particularly through incarceration, has contributed to practical challenges such as prison overcrowding and has often been critiqued for neglecting victim interests and social reintegration. In contrast, restorative justice seeks to redress this imbalance by focusing on repairing harm, rehabilitating offenders and restoring relationships between offenders, victims and the community. Viewpoint Every Thursday Whether you're looking to broaden your horizons or stay informed on the latest developments, "Viewpoint" is the perfect source for anyone seeking to engage with the issues that matter most. View More Newsletter By registering, you agree with The Jakarta Post's Privacy Policy Aiming for a greater structural change in the new penal code, KUHP Baru abolishes the former categorical distinction between “crimes” and “violations,” consolidating all unlawful acts under a single classification of “offenses.” Judges now have greater discretion to apply sanctions tailored to individual circumstances, streamlining prosecution and enabling a more contextual approach to justice. Modernized sanctions KUHP Baru introduces a more nuanced and flexible approach to criminal sanctions, moving away from rigid frameworks toward proportionality and fairness. While the code retains the traditional categories of principal and additional sanctions, it significantly broadens the range of options available to judges, allowing penalties to be tailored to the circumstances of each case.
One of the most notable changes is the death penalty. Rather than being a standard punishment for certain crimes, it is now positioned as an exceptional measure, applied only as an alternative to life imprisonment or a lengthy fixed-term sentence. It now comes with an imposition of a ten-year probationary period, during which good behaviour may lead to a reduction to life imprisonment through presidential clemency. This reflects a more cautious and humane approach, consistent with global human rights trends.
The new code also introduces greater flexibility in its application.
Fixed-term sentences can range from as little as one day to 15 years,
extendable to 20 years under aggravating circumstances, while life
imprisonment remains available for the most serious offences.
Meanwhile, financial penalties varies into eight tiers, ranging from Rp 1
million to Rp 50 billion, enabling courts to impose penalties that are
proportionate to both the gravity of the offence and the offender’s
financial capacity.
The most striking is the emphasis on non-custodial measures, where
community service and supervisory sanctions are now recognised as
principal options, signalling a shift toward rehabilitation and
reintegration rather than mere punishment. These measures can be adapted
to individual circumstances, with community service ranging from 8 to
240 hours.
Additional sanctions include the revocation of certain rights,
confiscation of assets, public announcements of convictions,
compensation to victims and fulfilment of customary obligations. Special
measures such as counselling, rehabilitation and vocational training
are also introduced in the new penal code.
Corporate criminal liability
It is underlined in articles 45 to 50 that the KUHP Baru formally
recognize corporations as autonomous legal subjects capable of engaging
in criminal conduct and being held liable independently of natural
persons.
The new advancement acknowledges that liability extends not only to
corporations but also to executives, directors, commissioners, managers
and other decision makers, including external controlling parties and
beneficial owners. Corporate liability arises when these actors commit
crimes benefiting the corporation or on its behalf.
Beyond individual responsibilities, KUHP Baru emphasises the
corporation’s duty to implement preventive measures. Failure to
establish compliance, oversight or internal controls may negate defences
and trigger liability.
However, KUHP Baru also allows for measures such as compensation to
victims, confiscation of illicit profits, public disclosure of
convictions, license revocation and even operational suspension or
dissolution in extreme cases. In addition, authorities may impose
special controls, including forced takeovers or state supervision, to
prevent repeat offenses.
Implications for businesses and legal practitioners
KUHP Baru signals intensified enforcement against corporate wrongdoing
and aligns Indonesia with global trends in corporate accountability.
Businesses must strengthen governance, compliance programs and internal
controls to mitigate risks. Corporate leadership should foster a culture
of legal and ethical compliance supported by robust training and
monitoring.
Lawyers and inhouse counsels play a critical role in guiding clients
through this complex environment, advising on risk management and
defence strategies. Regulators face the challenge of enforcing these
laws fairly while providing clarity to encourage responsible business
conduct.
In conclusion, KUHP Baru represents a paradigm shift toward fairness,
rehabilitation and corporate accountability. As the effective date
approaches, stakeholders must engage deeply with their provisions to
ensure compliance and integrity.
This transformation does not stand alone. Alongside KUHP Baru, Indonesia
is introducing a new criminal procedural law (KUHAP) to address
procedural inefficiencies and human rights concerns under the current
framework. Together, these reforms mark a modernization of Indonesia’s
criminal justice system.
This article was published in thejakartapost.com with the title "". Click to read: https://www.thejakartapost.com/opinion/2025/12/22/indonesias-modernized-penal-code-ratification-represents-positive-transformation.html.
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