Abolition Of AUKU Opens Up Space For Freedom But Students Still Subject To Other Laws

KUALA LUMPUR, Aug 19 (Bernama) -- The government's proposal to completely abolish the Universities and University Colleges Act 1971 (AUKU) is capable of opening up vast spaces for student and academic freedom, as well as fostering a more open and mature intellectual culture.

Senator Dr. Jufitri Johar said that the move is in line with efforts to ensure that students, as adult citizens, are no longer subject to separate legal regimes regarding freedom of speech, association, and involvement in public issues.

"Therefore, the Prime Minister's stance that there is no longer room for 'cosmetic amendments' and that existing criminal laws and disciplinary regulations are sufficient to address any misconduct by students is a mature approach," he said to Bernama.

The former Malaysian Youth Council president, who grew up in the tradition of student activism through the National Union of Malaysian Muslim Students (PKPIM) and the Malaysian Islamic Youth Movement (ABIM), Jufitri said he personally understands the historical burden carried by the AUKU since it was enacted on March 18, 1971.

According to him, the act was born out of the post-1969 political climate and the original provision of Section 15 has been seen as stifling student freedom for more than four decades.

"AUKU should have been amended by the government a long time ago considering that this law was previously contrary to the spirit of Article 10 of the Federal Constitution which guarantees freedom of speech, peaceful assembly and association to every citizen," he said.

He also urged the Ministry of Higher Education (KPT) and the Cabinet to ensure that the proposal to abolish AUKU is not merely symbolic but truly restores democratic space on campus, including the freedom to form associations, the freedom to openly express views on public issues, and the right of students to participate in the country's political process without fear.

At the same time, he proposed that the repeal of AUKU must be carried out inclusively and transparently with the full involvement of student bodies, academics, civil society organisations and other stakeholders.

Last Sunday, Prime Minister Datuk Seri Anwar Ibrahim said the government guarantees the complete repeal of AUKU without the introduction of any new laws that would restrict or suppress student movements.

AUKU has previously undergone a series of seven amendments since its introduction in 1971, including the 2012 amendment that allowed students to participate in political party activities outside the campus.

The latest amendment in 2024 saw disciplinary actions against students at public universities no longer subject to the vice-chancellor's authority, but instead decided by the Student Disciplinary Committee through the amendment of Section 16B of the AUKU.

Meanwhile, higher education expert Prof Datuk Dr Azizul Halim Yahya said the proposal to abolish AUKU is a bold step by the government in providing more space for students to enjoy freedom of speech, after the issue has gone through a prolonged discussion phase for decades without any concrete implementation.

"The Prime Minister's announcement demonstrates the government's courage and sincerity in enhancing the quality of student leadership and becoming excellent future leaders.

"Countries like Thailand, the Philippines, and Indonesia also grant freedom of speech to students, so the joint effort that Malaysia wants to implement should also be given attention and welcomed," he said.

Azizul said that should AUKU be repealed in the future, students will still be subject to other laws in force as citizens, including provisions related to contempt and defamation, which can lead to more severe actions if an act falls under the relevant laws.

He also said that the situation shows that the repeal of AUKU does not mean that students gain unlimited freedom; instead, they need to be more mature and responsible in using the space of freedom given.

In addition, greater freedom should also be utilised as a learning process to shape more mature students in evaluating information, expressing opinions, and determining stances on various issues.

-- BERNAMA