MALAYSIA has no shortage of laws to regulate, combat and prevent actions that directly or indirectly cause harm to others.
However outdated some of these laws may be, they still provide much-needed guidance on how matters should be conducted.
The subsequent amendments and the introduction of new laws to meet the ever-changing world are often sufficient. That is, if such amendments take place, enforcement is upheld and the law is interpreted to its fullest extent.
Unfortunately, more often than not, laws and regulations are seen as mere paper tigers that carry little weight.
Case in point: the smuggling of electronic waste into Malaysia and the illegal mining activities targeting forest reserves in Pahang.
Despite mining activities being restricted by many regulations, including the Mineral Development Act 1994, and requiring the approval of an Environmental Impact Assessment (EIA), such activities continue to be a growing.
Although the import of electronic waste was banned in 2012, around 2.62 million tonnes of such waste have been imported into the country over nearly two decades. This is due to inconsistent enforcement, compounded by corruption at the lower levels of enforcement.
The Malaysian Anti-Corruption Commission (MACC) reports that 63.3% of complaints received were related to the public sector.
Setting aside the complexity of corruption and how to address it, the enforcement of laws and the implementation of so-called action plans have long been subpar in Malaysia.
In an earlier publication, Emir Research highlighted numerous cases where EIA enforcement was flawed, with multiple projects operating for years before any legal action was taken.
On top of that, 222 EIA reports were approved by the Kelantan government between 2000 and 2015, averaging 1.2 reports per month, leaving little to no time for proper scrutiny.
The enforcement of the Control of Smoking Products for Public Health Act 2024 (Act 852) is another example plagued by implementation issues.
Act 852 prohibits the sale of smoking products online, yet such products remain widely available for purchase on digital platforms.
Furthermore, when the display ban for tobacco and vape products finally came into effect in early April, some retail shops continued to display them openly.
There should be no excuses for vendors who violate the law as Parliament passed Act 852 in early 2024, which came into effect on Oct 1, 2024, and enforcement of the display ban and registration requirement for smoking products delayed until April 1, 2025.
Yet, Health Minister Dr Dzulkefly Ahmad stated that phased enforcement is ongoing and that in cases of non-compliance, the Health Ministry will issue notifications or warning letters to offenders.
This is despite the law clearly stating that offenders will be liable to a fine not exceeding RM20,000 or imprisonment of less than a year or both for the first offence – if the offender is not a corporate entity, as stipulated in Act 852.
In addition, the display ban will not be fully enforced for another six months, until Oct 1, 2025. If the delay is meant to give businesses time to adjust, wouldn’t the initial 10-month gap between the passing and enforcement of Act 852, combined with the additional six-month grace period, already suffice?
Unfortunately, the enforcement of Act 852 is not even among the weakest. Despite Malaysia having one of the highest traffic fatality rates in the world, the enforcement of traffic laws can only be described as a bare minimum.
Emir Research has previously suggested that frequent discounts on traffic fines, coupled with the lack of follow-up on defaulters, have emboldened offenders to delay payment – hoping for discounts in the future.
Transport Minister Anthony Loke mentioned that the Automated Awareness Safety System cameras will be upgraded to a point-to-point monitoring system to prevent speeding drivers from simply slowing down near camera zones.
Yet, how effective can the new system be? Without consequences for unpaid fines and with frequent government-issued discounts, even catching more offenders speeding is unlikely to make a meaningful difference.
The same applies to Act 852, where lax enforcement has allowed many patrons to continue smoking within five feet of eateries, despite the law being introduced in 2019 and further reinforced through Act 852.
While it is understandable that some laws and regulations require substantial manpower to enforce, the proper utilisation of technology could help mitigate many of these challenges.
In Emir Research’s earlier publication on EIA, we suggested that drones and satellite imaging, coupled with artificial intelligence, could be highly effective tools to help officers analyse changes in land use and identify potential illegal mining or deforestation activities.
After all, if we aspire to drive digital transformation in our nation, the public service should be the first major customer of AI, IoT (Internet of Things) and other revolutionary technologies – as unanimously is the case in other successful nations.
For regulations that require public cooperation to report violations – such as Act 852 – the Health Ministry should consider diversifying and expanding its official reporting channels, rather than relying solely on WhatsApp.
Expanding reporting avenues to include online platforms, or even better, integrating them into the existing MySejahtera application, would make the process more accessible and user-friendly.
If drivers can lodge reports through the MyJPJ application on their phones, why can’t the Health Ministry leverage its digital tools to achieve more? Incorporating such features into the MySejahtera application could even help deter false complaints.
When it comes to traffic law violations, unfortunately, this is not an area where technology alone can help. The real issue lies in weak enforcement and the government’s willingness to offer repeated fine discounts for various reasons.
The first step towards improvement is to cease the practice of offering traffic summons discounts and to enforce traffic laws to their fullest extent.
Without consistent repercussions, even an upgraded speed monitoring system is highly unlikely to deter speeding.
Laws and regulations function as a contract – and when the authorities responsible for enforcement fail to uphold them, those laws risk becoming insignificant or easily ignored, no matter what they stipulate.
While some laws may be outdated or impose overly harsh penalties, they must still be enforced consistently until they are properly reviewed and amended.
Chia Chu Hang is a research assistant at Emir Research, an independent think-tank focused on strategic policy recommendations based on rigorous research.
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