Legal analysis on the minimum age of criminal responsibility within ASEAN

Abstract

At the first glance, the concept of a Minimum Age of Criminal Responsibility (MACR) appears simple. However, the majority of people are unable to define it. MACR is a relatively new concept and determining an MACR is a challenge in light of children’s rights. The challenge stems from ideological differences concerning concepts of MACR by states based on social, religious and cultural structures. The MACR is significant because of its relevancy to the fundamental rights of the child because the MACR is the lowest statutory age at which children may be held criminally liable for infringements of the penal law in a given state. The present study seeks to examine the MACR of children in Malaysia, Thailand and Indonesia as member states of ASEAN and also the United Nations Convention on the Rights of the Child (UNCRC). This study analyses the MACR of children from domestic legislations of three ASEAN Member States from a legal perspective. The results of this analysis can be used to find the international standards concerning MACR of children in Malaysia, Thailand and Indonesia.