If a house is declared a prison, who’s footing the bill? — Hafiz Hassan

If a house is declared a prison, who’s footing the bill? — Hafiz Hassan



Summary

• The article discusses the legal stipulations surrounding house arrest in Malaysia, emphasizing that for a residence to be used as a prison, it must be officially declared as such under Section 3 of the Prison Act 1995.
• It highlights the recent case of former Prime Minister Najib Razak, whose residence was declared a prison, enabling him to serve the remainder of his corruption sentence under house arrest.
• The article questions the financial responsibilities associated with declaring a private residence a prison.

First Published: Wednesday, 11 Nov 2026 8:40 AM MYT


NOVEMBER 11 — More than two years ago, I wrote that there is no house arrest under the law in Malaysia.

But a house can be a prison.

If a prisoner is to be under house arrest, the designated house can and must first be declared a prison under Section 3 of the Act.

Section 3 empowers the minister, by notification in the Gazette, to declare “any house, building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act for the imprisonment or detention of persons lawfully in custody and may in like manner declare that any such prison shall cease to be a prison for the purposes of this Act”.

So, when an AFP reporter reported that Malaysia’s former prime minister Najib Razak had left prison for home on Nov 6 after his party said he had paid a RM50 million (S$15.7 million) fine allowing him to serve the rest of his corruption sentence under house arrest, Najib was headed for prison actually.

Albeit his own residence.



A view shows the home of Datuk Seri Najib Razak along Jalan Langgak Duta in Taman Duta, Kuala Lumpur on November 6, 2026. — Picture by Choo Choy May



On the same day Najib was presumed to have headed home, a declaration under Section 3 of the Act was made by the Home Minister and gazetted. The gazette [P.U. (B) 456/2026] reads as follows:

“In exercise of the powers conferred by Section 3 of the Prison Act 1995 [Act537], the Minister declares all buildings and areas measuring 4558.975 square metres at No. 11, Jalan Langgak Duta, Taman Duta, 50480 Kuala Lumpur situated on Lot 5746, Mukim of Kuala Lumpur, District of Kuala Lumpur, Federal Territory of Kuala Lumpur to be a prison for the purposes of the Act for the imprisonment or detention of persons lawfully in custody.

Dated 6 November 2026


[KDN.PDR.S.800-5/1/1Jld.8(24);PN(PU2)163/JLD.25]

DATUK SERI SAIFUDDIN NASUTION BIN ISMAIL

Minister of Home Affairs”

Read it here.

The declared building is reported as Najib’s residence.

Last night, Najib arrived at his residence in Jalan Langgak Duta to begin serving the remainder of his SRC International prison sentence under house arrest.

Somewhere in an exclusive and plush area in Kuala Lumpur – that is, Langgak Duta – widely recognised as a sanctuary for Malaysia’s upper-class, wealthy families, business tycoons, and political figures, is a prison.

But a question remains.

If the residence is declared a prison, who’s footing the bill?