00:00In reference to the government again I keep mentioning that the definition of
00:08bully has to be more specific because right now the bully is not just by
00:13certain certain approach because as I said verbal, emotional, social, cyber so
00:21that is quite considered not defined in any specific law as of now so we hope by
00:28having this particular law that starts with this definition that's technically we
00:33are kicking the ball starting the ball to roll that well this is what we define
00:37the bully in Malaysia now of course the students also raise about does it apply
00:41to us being non Malaysians and all that so of course I mean long is long life the
00:46law if you if you if you are an offender an offender you're an offender but
00:51nevertheless because below 18 the specific advice by the child commissioner from
00:56so what comes is the punishment must be considered a bit different and secondly
01:01they're looking into the quasi judicial which is the the platform of the court
01:05itself it's not a normal court it's a quasi judicial so it's faster and it's more
01:10confidential and it looks into a lot of issue as what also some of the panelists
01:14mentioned it could be a mediation platform it could be an education that's not a
01:18education education adjudication platform so basically to find a solution that's what a
01:24tribalist all that but in reference to here now over 18 they looking it from a
01:29different perspective whether is it considered a skill as a crime or you are
01:33looking at it not from the criminal perspective now all this will have to be to be
01:37evaluated by the cabinet I can't I can't really say yet until but we already got the
01:43the the the the act in place so this week we will handle the East Coast and and we hope then
01:52will be Sabah Sarawak but so far we hope we'll be on time as what we I have promised also to the
01:57Prime Minister that the December seating will be the the first second and third reading of the
02:02particular anti-bully tribunal that do you think by narrowing down the definition of
02:08and and of bullying that will exclude future definitions of bullying that we don't know of yet
02:14and how do you decide what goes to the tribunal and what is criminal prosecution I think one
02:19thing you must understand is that say for example in reference to sexual harassment when when you go to the
02:26the sexual harassment for the tribunal that happens now under the ministry can you go to the other
02:33courts to claim for other damages or not sometimes it does allow so it's not just a closed gap that is
02:39only this way and you settle it this way it would depend on certain cases but a criminal act as you know
02:46under say five or seven when you do a certain act and it causes death like the Elsa clause that is a criminal
02:54offense is that the bully under the definition it could also be deemed as a bully but at the same time
03:01the bully is causing the death so you really be five or seven which we have amended so that is a
03:06specific scenario that act causes more criminal action so then you go to the court so the so the police
03:14they buka the IO they investigated and then the DPP decide to discharge in the penal code that's quite clear
03:21quite straightforward but what about cases that is happening in a in a quasi judicial situation that
03:28we can try to find a solution in cases of certain behavior so it cannot be to the degree of uh penal
03:35behavior you know like for example verbal abuse or verbal bullying does it is it a criminal act it depends so
03:43much of course you can sue for defamation for verbal but that is a different call but pending all that
03:49and then these are kids going to school to know that when they go to school they must feel safe
03:54same thing with the university students so the system saying that look we have a system in place
03:59but the response that we are getting is that it's not good enough we want to be able to say we want the
04:04perpetrator to be punished not just uh with certain punishment is what the system in the school is
04:10prescribing so we went to one state i don't know where it was some of the teachers said look if
04:14you push the student up from school a and then the student go to school b then the character bullying
04:20is in school b betul tak okay then another one say if you uh punish the student and then you kick the
04:26student out from school budak ni duduk kat luar jadi penjenayah pula so that is what the when we did the
04:31town hall the the various uh perception came up from point of view came up from the teachers the
04:37the PIBG the association the NGO so it's true so the whole purpose of this is that the child
04:44commissioner's point of view is that if it's in school and is below 18 the behavior is that they call it
04:50what is it the term uh uh the term they use for the child commissioner is uh uh not punishment
04:58restorative judgment maknanya dia membaiki akhlak aa dia kena pergi counselling ataupun dia buat aa
05:10hukuman masyarakat aa mungkin dia kena chart aa dia kena chart satu puter jaya ke so benda
05:16macam itulah so dia belajar daripada sikap dia sebagai contoh that is basically why dalam bawah
05:21lapan belas tu charter commissioners advice is that kita tengok dengan jenis hukuman sebab they they
05:26believe that budak-budak ni mungkin kita tengok di segi perangai bully tu depend on the type of bully tu
05:31mungkin dia kena ada peluang kedua di segi ke tetapi kalau bully dia ke arah conduct jenayah dia bully
05:37campur perangai-perangai lain tu memanglah jenayah mahkamah jenayah akan ambil tindakan takkanlah sebab
05:43dia bawah lapan belas and dia di bawah perangai bully tu dia tak boleh dikenakan tindakan di bawah kandu keseiksaan
05:49kerana perangai jenayah that's what we're doing we're not doing that pasal dia bawah lapan belas dia bebas
05:54aa semalam ada pandangan kata budak-budak 18 tahun ni kena sebat lah kena ni lah kena tu itu pandangan aa mungkin ibu bapa
06:01tapi bagi pihak kita di segi anti bully ni aa our objective ialah kita define and then kita tengok platform di segi proses aa perbicaraan
06:10pasal judicial tribunal dan kemudian hukuman yang nak dikenakan ok katakan lepas 18 tahun ni dalam kes-kes KPT
06:18ini pun isu lain pula yang kita nak kaji tu sebab kabinet kena buat perbicaraan ni tu
06:23itu sahaja lah
06:25macam jenayah apa ni gangguan seksual sekarang dah kurang kan betul tak
06:30lelaki pun tak boleh kena gangguan perempuan tak boleh kena gangguan
06:33so kalau sesiapa rasa mereka diganggu dia pergi tribunal semua takut nak ganggu kan
06:37aa dia macam tu kan because you know the law is there betul tak so this is why law is for that lah prevention better than cure ye
06:44so
06:46you
06:47you
06:49you
06:51you
06:53you
06:55you
06:57you
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