LEGAL FRAMEWORK AND ENFORCEMENT STRATEGIES IN COMBATING HUMAN TRAFFICKING IN MALAYSIA

Abstract

Human trafficking remains a significant and persistent issue in Malaysia, affecting vulnerable populations and posing challenges to national security and the protection of fundamental human rights. In response, the country has enacted several legal frameworks, including the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIPSOM) Act 2007, the Penal Code, the Child Act 2001, and the Immigration Act 1959/63. Despite the comprehensiveness of these legislative instruments, enforcement remains problematic. Gaps in implementation, limited institutional resources, corruption risks within enforcement systems, and inadequate victim support mechanisms continue to undermine Malaysia’s anti-trafficking efforts. This study aims to evaluate the efficiency and effectiveness of Malaysia’s legal and administrative responses to human trafficking. It examines the capacity and performance of key legal frameworks and assesses the implementation of administrative procedures and victim assistance initiatives. Adopting a mixed-method approach, this research incorporates surveys and interviews involving law enforcement officials, legal practitioners, legislators, non-governmental organisations (NGOs), and trafficking survivors. Findings reveal that, although the legislative structure is robust on paper, practical enforcement is hampered by inter-agency fragmentation, insufficient funding, lack of specialised training, and weak victim protection measures. These deficiencies impair the overall effectiveness of the national response. By identifying critical enforcement and procedural gaps, the study contributes to a clearer understanding of the legal administration of anti-trafficking laws in Malaysia and proposes concrete policy and institutional reforms. In alignment with Sustainable Development Goal 16, the study underscores the urgent need to strengthen institutional capacities, promote inter-agency collaboration, and enhance access to justice for victims. Addressing these systemic issues through legal reform and coordinated institutional efforts is essential to ensure a more effective, rights-based approach in combating human trafficking in Malaysia. Future research should focus on the longitudinal assessment of policy impacts and the progressive realisation of SDG 16 objectives in the context of anti-trafficking governance.