Malaysia has proposed house arrest as an option — here is how our neighbours are implementing the measure

Malaysia has proposed house arrest as an option — here is how our neighbours are implementing the measure



A new Bill proposing house arrest as an option was announced during Budget 2025, though details on its terms remain limited. Malaysian law currently lacks specific provisions for house arrest as an independent punishment. — Picture by Yusof Mat Isa

Tuesday, 05 Nov 2024 7:00 AM MYT


KUALA LUMPUR, Nov 5 — A new proposal for house arrest as an option was announced during Budget 2025, though details on its terms remain limited.


Here is what we know so far:

• Current law: House arrest is not a standalone punishment in Malaysia, but the Prisons Act 1995 allows the Home Minister to designate locations for detention.
• Conditions: House arrest typically involves wearing a monitoring device, restricted movement, and potential restrictions on alcohol and contact with others.
• Perceived privilege: House arrest is often seen as a more comfortable option, sometimes afforded to high-profile figures like business leaders or politicians.

Malaysian law currently lacks specific provisions for house arrest as an independent punishment. However, Section 3 of the Prisons Act 1995 gives the home minister the authority to designate any location as a prison for detention purposes.

Typically, individuals under house arrest must wear a monitoring device, often an ankle bracelet, which alerts authorities if they move beyond a permitted range. Sometimes, their movements can also be monitored through in-person checks.


House arrest often restricts individuals to designated locations, such as their own home, a relative’s home, a care facility or a dormitory, with exceptions for essential outings like court appearances or medical appointments. In some cases, they may be allowed to go to work or school.


House arrest can also require offenders to undergo random or regular drug tests, limit interaction with others and prohibit alcohol consumption.

However, a person under house arrest has a much higher level of privacy and comfort, being in their own space.

House arrest is often seen as a privilege for high-profile convicted individuals, such as business leaders or politicians.

In South-east Asia, governing authorities often use house arrest as a tactic to curb dissent and control opposition.

Although many countries in the region lack specific provisions for house arrest, courts sometimes consider it as a humanitarian option for certain ailing inmates.


How does house arrest compare according to regional neighbours?

• Singapore: Home Detention Order (HDO) allows non-violent offenders with family support to serve sentences at home under strict rules. Violations can result in prison recall.
• Myanmar: Notably used for political figures, such as Aung San Suu Kyi, with military powers permitting detention without trial on grounds of national security.
• Indonesia: House arrest used during investigations and trials, credited toward sentences, though not for serving jail terms.
• Philippines: House arrest allowed under certain conditions, often for those awaiting trial with weak evidence.
• Thailand: Court-approved house arrest, used for political figures and activists under exceptional circumstances, seen as a form of movement control.

Singapore’s house arrest is called a Home Detention Order (HDO), where an offender is confined to their home under strict curfews, as stipulated in the Prisons Act 1933, Part 6. — Unsplash pic



Singapore

Singapore’s house arrest is called a Home Detention Order (HDO), where an offender is confined to their home under strict curfews, as stipulated in the Prisons Act 1933, Part 6.

A person is eligible for home detention for up to 12 months with terms including non-involvement in serious or repeat crimes, and having already served at least 14 days of their sentence as a Singapore resident.

However, the Ministry of Home Affairs may grant an HDO if the offender has shown significant progress and rehabilitation in prison, has family support and poses a low risk of reoffending.

They are also not allowed to consume alcohol during this period.

Prison authorities are assisted by an independent advisory committee comprising members of the Board of Visiting Justices, community leaders and private sector professionals who help with the placement of inmates on home detention.

If conditions are breached, offenders may be recalled to prison for the remainder of their sentence or while investigations into the breach are ongoing.

One of the most high-profile house arrest cases involved former civil defence chief Peter Lim Sin Pang, who was sentenced to six months in prison for corruption and served roughly half of it under house arrest.



A Myanmar protester residing in Japan uses a flag with an image of deposed Myanmar leader Aung San Suu Kyi during a rally to mark the second anniversary of Myanmar's 2021 military coup, outside the Embassy of Myanmar in Tokyo February 1, 2023. — Reuters pic



Myanmar

Likely the longest and most famous house arrest case is that of Nobel Peace Prize winner Aung San Suu Kyi, who spent some 15 years from 1989 to 2010 confined to her home while promoting democratic reforms in military-ruled Myanmar.

She was confined to her home in mostly solitary confinement, although she could occasionally meet other NLD officials and selected diplomats. She was not allowed to see her two sons or her husband, who were foreign citizens.

According to reports, Myanmar’s 2008 Constitution, revised by the military, does not explicitly mention house arrest but grants powers to the military to maintain public order, which is seen as arbitrary.

The military regime used Article 144 of Myanmar’s Code of Criminal Procedure, which allows curfews and movement restrictions without formal charges if national security is considered at risk.

In 2021, she was charged and sentenced to 33 years in prison but was eventually moved to house arrest, reportedly for health and weather conditions.



Indonesia does not allow serving a jail term under house arrest, but house arrest can be used during investigations or trials under Article 22 of the Criminal Procedure Code. — AFP pic



Indonesia

Indonesia does not allow serving a jail term under house arrest, but house arrest can be used during investigations or trials under Article 22 of the Criminal Procedure Code.

Individuals may be confined to their home or another residence to avoid interference in the investigation, prosecution, or court proceedings.

The detention zone can be expanded to cover a suspect’s or defendant’s home city or residence, with reporting at specified times.

The time spent in custody or house arrest is credited toward the overall sentence.

In the past, the government has considered house arrest instead of prison, as in the case of elderly Muslim cleric Abu Bakar Bashir, who helped facilitate the Bali bombers.

Former president Sukarno was famously put under house arrest without trial in 1967 after losing power, isolating him from supporters and interfering with new leadership. He was denied access to healthcare and eventually died in 1970 while still in isolation.



Soldiers hoist the national flag of the Philippines during a rehearsal for the Philippines’ Independence Day at Rizal Park (Luneta) in Metro Manila June 11, 2014. Former President Joseph Estrada was placed under house arrest for six years during his trial for plunder, while former President Gloria Macapagal Arroyo was granted hospital arrest during her criminal trial. — Reuters pic



Philippines

Like Indonesia, the Philippines’ Section 26 of the Republic Act 9372, or the Human Security Act of 2007, provides for house arrest where evidence of guilt is weak.

With bail, a person may be placed under house arrest or restricted to their city while awaiting trial.

“While under house arrest, he or she may not use telephones, cellphones, emails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court,” according to the law.

Former President Joseph Estrada was placed under house arrest for six years during his trial for plunder, while former President Gloria Macapagal Arroyo was granted hospital arrest during her criminal trial.



House arrest laws in Thailand are also unclear, but reports suggest house arrest requires court approval. — Reuters pic



Thailand

House arrest laws in Thailand are also unclear, but reports suggest house arrest requires court approval.

Section 24 of Thailand’s Criminal Procedure Code grants the court authority to confine an offender to their home or another location if confinement in a specific area could endanger the individual or impose excessive hardship, or if other exceptional circumstances apply.

The court can specify conditions, such as movement restrictions or communication bans, and appoint a government official to oversee confinement.

Political figures, activists, and former prime ministers Thaksin Shinawatra and Yingluck Shinawatra were reportedly confined during military actions in Thailand, often viewed as methods of movement control.