UUM Journal of Legal Studies最新文献

{"title":"WAQF LAND DEVELOPMENT FOR PRIVATE TAHFIZ SCHOOLS IN THE STATE OF PERLIS, MALAYSIA: PROCEDURES AND ADVANTAGES","authors":"Rohayati Hussin, Asmadi Mohammed Ghazali, Noor Syahidah Mohamad Akhir","doi":"10.32890/uumjls2024.15.1.7","DOIUrl":"https://doi.org/10.32890/uumjls2024.15.1.7","url":null,"abstract":"Waqf is a state matter subject to state laws, given the position of the State Islamic Religious Council (SIRC) as the ‘sole trustee’ of waqf properties in their respective states. In legal terms, any party that intends to apply waqf and any waqf activities established in Private Tahfiz Schools (PTS) requires the permission of the SIRC. Accordingly, this study aims to examine the legal procedures for developing PTS on waqf land in Perlis, Malaysia, including the advantages of acquiring the permission of Perlis Islamic Religious and Malay Customs Council (MAIPs). The qualitative research methodology was applied in this research, which featured the doctrinal approach in examining state enactments, past studies, and semi-structured interviews involving several respondents who had extensive experiences with the subject under study. Subsequently, analysis was conducted on the collected data through the content analysis technique. The implications from this research offer numerous advantages for PTS in Perlis to ensure its sustainability. This study offers a clear understanding to individuals who intend to implement waqf in their PTS in Perlis, Malaysia.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":"714 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140474802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ANALISA TERHADAP UNDANG-UNDANG PERJUDIAN DALAM TALIAN DI MALAYSIA (Analysis on the Online Gambling Laws in Malaysia)","authors":"Sahanah Kathirvelu, Mohamad Rizal Abd Rahman","doi":"10.32890/uumjls2024.15.1.14","DOIUrl":"https://doi.org/10.32890/uumjls2024.15.1.14","url":null,"abstract":"Kekerapan laporan tentang aktiviti perjudian dalam talian yang dipaparkan menerusi media cetak dan elektronik menunjukkan bahawa tindakan segera perlu diambil untuk mengatasi gejala ini di Malaysia. Namun begitu, undang-undang substantif sahaja tidak memadai untuk menangani situasi ini kerana penguatkuasaan yang efektif adalah sama penting untuk mengawal berlakunya pelanggaran undang-undang tersebut. Oleh itu, artikel ini mempunyai objektif untuk menjalankan penyelidikan awal terhadap undang-undang sedia ada dan isu-isu yang berkaitan dengan perjudian dalam talian di Malaysia. Di samping itu, penulisan ini juga bertujuan mencungkil kesedaran tentang isu-isu yang timbul akibat wujudnya kelompangan dalam undang-undang tersebut. Penulisan ini bertujuan mengesyorkan hala tuju bagi penyelidikan-penyelidikan akan datang berkenaan perjudian dalam talian di Malaysia. Artikel ini menggunakan kerangka kajian perundangan tulen yang bersifat kualitatif, iaitu data-data dikumpulkan melalui kajian perpustakaan dan temu bual untuk meneroka isu-isu berhubung dengan perjudian dalam talian di Malaysia. Pendekatan analisis kritikal telah diguna pakai dalam menganalisis data daripada penulisan, jurnal, berita dan rujukan lain yang terdahulu berkaitan dengan perjudian dalam talian. Kajian ini mendapati bahawa undang-undang perjudian dalam talian agak ketinggalan dan hal ini dikenal pasti sebagai suatu kelompangan. Selain itu, hasil kajian ini menunjukkan bahawa pindaan terhadap Akta Rumah Perjudian Terbuka 1953 perlu dilakukan segera untuk membantu agensi penguatkuasaan mengatasi krisis ini.\u0000Abstract\u0000An increase in print and electronic media headlines highlighting the prevalence of illegal online activities indicate that immediate action should be taken to combat this issue in Malaysia. However, substantive law alone is insufficient to address the current situation, as effective enforcement is equally important for monitoring the violation of these laws. Hence, the objective of this article is to conduct a preliminary investigation of current laws and key issues related to online gambling laws in Malaysia while also raising awareness of issues that have arisen due to the lacuna in the existing laws. Subsequently, this article aims to propose directions for future studies on online gambling laws in Malaysia. This study employed qualitative doctrinal research in which data was gathered through library research and interviews to explore issues related to online gambling in Malaysia. Critical analysis was applied to analyze data from previous articles, journals, news, and other references concerning online gambling. This study finds that the laws governing online gambling are significantly outdated, and they represent a legal gap. Furthermore, the review reveals that the nation urgently requires amendments to the Common Gaming Houses Act 1953 (CGHA) to assist the enforcement agencies in managing the current crisis.\u0000Keywords: Online gambling, online crime, online betting,","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":"319 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140473398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE VIOLENCE IN CONFLICT OF NATURAL RESOURCES TENURE RIGHTS- COMPANIES VS TRADITIONAL COMMUNITIES IN INDONESIA","authors":"Yanto Sufriadi, Laily Ratna, S. Syarifudin","doi":"10.32890/uumjls2024.15.1.9","DOIUrl":"https://doi.org/10.32890/uumjls2024.15.1.9","url":null,"abstract":"Over the past 12 years, the escalation of violence in conflicts arising from disputes over natural resource management rights between corporations and indigenous communities has become a growing concern across all regions of Indonesia. This abstract introduction highlights the urgent need to address the rising tensions and clashes associated with the competing claims to and utilization of natural resources in the country. Therefore, this study aimed to analyse the causes of violence and conflict resolution over natural resources using an empirical legal study with a socio-legal approach adopted through a case study in Bengkulu Province, Indonesia. Informants for the study were selected using a snowball sampling technique, ensuring a diverse and representative range of perspectives. Secondary data was obtained through a literature study by tracing information from journals, books, and the internet, and data analysis was carried out qualitatively. Furthermore, an analysis was performed on the findings of other studies concerning instances of violence in conflicts related to forest and mining resources. This research found that (1). The violence occurred because the company did not respect the customary community’s natural resource control rights. (2). However, violence can be stopped through violence or mediation (3). Resolution of violence in conflict can only be done through mediation. The authors recommend that: (1). The practice of resolving violence in conflicts of rights over natural resources through mediation needs to be strengthened by the government to realize justice for all. (2). In indigenous communities, apart from state law, the legal landscape is still heavily influenced by customary law and religious law.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":"914 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140474158","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ADOPTION OF THE PRECAUTIONARY PRINCIPLE ON THE SAFETY AND HEALTH RISKS OF NANOFOOD IN MALAYSIA","authors":"Nor Akhmal Hasmin, Z. A. Zainol, Anida Mahmood, Juan Matmin","doi":"10.32890/uumjls2024.15.1.12","DOIUrl":"https://doi.org/10.32890/uumjls2024.15.1.12","url":null,"abstract":"Food derived from nanotechnology or contains engineered nanomaterials (ENMs) is widely available for consumers in the marketplace. Oral exposure to ENMs has been linked to various potential adverse effects on human safety and health. In Malaysia, nanofood is regulated with a regulatory framework designed for conventional food without considering the unique and novel properties of ENMs. The adequacy of the existing framework for regulating the safety and health risks of nanofood is ambiguous. This study examined the necessity for Malaysia of having such regulatory framework to govern the safety and health risks of nanofood using the precautionary principle. By adopting the doctrinal analysis, the finding suggests that the existing food safety framework must be amended to incorporate specific provisions on nanotechnology, and that the amendment must be based on the precautionary principle. The new regulatory framework enables the food safety authority to implement the earliest precautionary measure, protecting consumers from serious future harm caused by nanofood. The proposed regulatory framework will strengthen the domestic food safety framework and national food safety policy in meeting the challenge posed by nanofood.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":"287 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140477772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE PROTECTION OF CHILDREN DURING ARMED CONFLICTS: ISRAELI VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW IN THREE WARS IN GAZA","authors":"Abdalfatah Mohammed Asqool, Shahrul Mizan Ismail, Rohaida Nordin","doi":"10.32890/uumjls2023.14.2.5","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.2.5","url":null,"abstract":"Children are one of the most vulnerable categories of victims during armed conflicts. Although several international instruments exist to protect them and civilians in general, there are still many violations committed against children worldwide. This article reports a pure doctrinal research that has used a descriptive analytical approach. It seeks to address the issue of the protection of children from the perspective of International Humanitarian Law. The context of the study is its focus on Israeli violations committed during three wars in the Gaza Strip, i.e., in 2008, 2012 and 2014. The violations were analysed using the framework of the rules and principles ofInternational Humanitarian Law, specifically the Geneva Convention IV and its two additional protocols regarding the protection of children during armed conflicts. It is important to understand the nature of the protection provided to children under International Humanitarian Law and to identify whether the Israeli forces breached the rules during the three wars. This will expose the Israeli violations and provide better protection for the people in Gaza, especially children in wartime. Finally, the study summarises that the International Humanitarian Law provides a special protection to children in wartime alongside the protection provided to civilians. It also concludes that during the wars in the Gaza Strip, i.e., in 2008, 2012 and 2014, Israel did violate the principles of International Humanitarian Law concerning children and the civilians in general.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49164947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE IMPACT OF COVID-19 ON CONTRACTUAL OBLIGATIONS IN MALAYSIA","authors":"Tan Kheng Aik, DR. Pardis MOSLEMZADEH TEHRANI","doi":"10.32890/uumjls2023.14.2.1","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.2.1","url":null,"abstract":"The widespread Covid-19 pandemic has significantly impacted business and commerce across the globe, including Malaysia. As aresult, businesses throughout Malaysia may face the inability to perform their contractual obligations and may seek to determine whether they or their counterparty have any legal basis for the non-performance of those contractual obligations. This research used content analysis by categorizing the same theme and discussing the wording adopted in Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020, force majeure clause, and the doctrine of frustration in Malaysia. The Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 is one of the defenses available to excuse the non-performance of contractual obligations due to Covid-19. However, the Covid-19 act is relatively new, and no precedent has been established to interpret the vague language adopted in the act. It was found that financial hardship can be a ground for non-performance of contractual obligations. Alternatively, contractual parties may invoke the force majeure clause that is provided in a contract. However, the ability to seek relief for force majeure events depends on the precise wording adopted in the clause. In the absence of a force majeure clause, the contractual parties may consider the doctrine of frustration. However, frustration is not a straightforward doctrine to reckon with. This research will provide insight into contractual parties on their rights, remedies, and repercussions if they choose to terminate the contract due to the widespread Covid-19 pandemic.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42998750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"INTELLECTUAL PROPERTY RIGHTS FOR 3D BIOPRINTING IN MALAYSIA","authors":"Siti Suraya Abd Razak, Saiful Izwan Abd Razak","doi":"10.32890/uumjls2023.14.2.12","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.2.12","url":null,"abstract":"Additive manufacturing in the field of tissue engineering has evolved rapidly over the past few decades. 3D bioprinting is an extendedapplication of additive manufacturing that involves the building of tissue or organ in a layer-by-layer manner using a bioprintervia instructions from computer graphic software. 3D bioprinting technology offers promise in the transformation of healthcare sectors. Consequently, disputes regarding commercial use of 3D bioprinting, in particular on intellectual property rights will arise. Patent ownership and registration of bioprinting products and processes pose issues of ethics. The copyrighted works of 3D bioprinting software pose risks of copyright infringement. Besides, there is also a question of whether the marks and brand of 3D bioprinters can be protected as trademarks. The main objective of this study is to analyse how existing intellectual property laws in Malaysia can be utilized to protect 3D bioprinting technology intellectual property rights. The qualitative method is employed in this study, in particular, content analysis of journal articles, books, international conventions, directives, statutes and court cases. Semi-structured interviews with two respondents from relevant ministries were conducted to achieve the objectives of this study. Additionally, a comparative study of legal frameworks in the United States and Europe is adopted to examine intellectual property rights on the international stage. The study revealed that 3D bioprinting products and processes are patentable under the PatentsAct 1983; however, ethical and morality issues are challenges in granting protection. Apart from that, copyright can protect computeraided bioprinting design software and programs under the Copyright Act 1987 and the marks and brand of 3D bioprinting products can be protected under the Trademark Act 2019. The findings of this study will expose the potential in commercialization of 3D bioprinting among industry players and propose improvements to the current regulatory framework of 3D bioprinting related to intellectual property rights. ","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42167872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE SECULAR STATE: THE VIETNAMESE EXPERIENCE","authors":"S. Nguyen","doi":"10.32890/uumjls2023.14.2.7","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.2.7","url":null,"abstract":"In state atheism, the issue of secularism is frequently deemed a matter not of “separating religion from the state”, but “separating religion from society” or “rejecting religion from society”. Case studies help in effectively evaluating the extent to which this philosophy can be realized. In this regard, the present article is about a case study on the construction of the secular state in contemporary socialist Vietnamese society. The article is mainly based on the provisions of Vietnam’s legal documents on belief and religion. Analyses of Vietnamese, Russian, and Western scholars on the atheistic state and the secular state have been duly conducted. In addition, the placement of state-religious relations within the cultural framework has created opportunities for studying, visualizing, and illustrating the secular state in its various aspects and in a detailed manner. The author has adopted socio-cultural approaches, which employs logical, historical and legal research methods to analyse, synthesize, compare and clarify the following three issues: (1) the formation and transformation of the secular state in Vietnam; (2) the relationship between the atheistic state and the secular state in Vietnam; and (3) solutions to the problems posed by state secularism in the country. The results indicate that from its establishment in 1945 to the present day, the socialist state in Vietnam has issued legal documents aimed at building a “cooperation” model of a secular state. The model faced certain challenges from 1960 to 1980 due to the influence of other socialist countries, but since the 1986 reform of Vietnam it has increasingly evolved characteristics of a “cooperation” model, which has contributed remarkably in resolving the issue of conflict between the atheist state and the secular state. The harmony between the two types of state, the secular and theatheistic in Vietnam is related to the traditional and cultural elements of Vietnamese society. The cooperation model of a secular state is regarded as the key to building state-religious relations in Vietnam, while a culture of tolerance is fundamental to its construction.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45823397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"GROOMING OFFENCES AGAINST CHILDREN IN INDONESIA","authors":"Devi Tama Hardiyanti, Beniharmoni Harefa, Handar Subhandi Bakhtiar, Supardi","doi":"10.32890/uumjls2023.14.2.6","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.2.6","url":null,"abstract":"The development of information technology has brought about profound changes in people's lives. No aspect of life is left untouchedand in the world of crime, especially grooming crimes, which target victims who are children, are also experiencing considerable increase. Legal limitations make it difficult for law enforcement officials to carry out more effective law enforcement. This study examines the legal regime and the factors that encourage crime against children. The present research will be an important point of departure as it will influence the work process of law enforcement officers in terms of child care, especially for child victims. This study uses a legal normative method with a qualitative case study approach, a conceptual approach and a legislative approach. The results show that legal arrangements regarding grooming crimes are regulated using different laws, but do not clearly and explicitly address the many important issues around grooming crimes. As a result, law enforcement officials have difficulty interpreting laws in relation to the relevant causal factors, such as the perpetrator, the victim and social factors. ","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45104950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LAW ENFORCEMENT OF JINAYAT CASES IN SYAR’IYAH COURT IN ACEH PROVINCE INDONESIA DURING COVID-19 PANDEMIC","authors":"Mizaj Iskandar Usman, Azhari Yahya, M. Jafar, Darmawan, Muliadi Kurdi","doi":"10.32890/uumjls2023.14.2.2","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.2.2","url":null,"abstract":"This study aims to look at the jinayat (criminal) trial both from the regulatory aspect and the application of the rule as a responseto the outbreak of the COVID-19 pandemic. Therefore, this study uses two approaches at once, a normative approach to examine thelegality of the regulations and a sociological approach to examine the application of the rule in Syar’iyah courts throughout Aceh. Thisstudy found that the Supreme Court has issued the Supreme Court Regulation known as Perma Number 4 of 2020 as the basic regulation for the implementation of virtual criminal and jinayat trials. There is a diversity of practices that lead to legal uncertainty in the application of Perma at the Aceh Syar’iyah court. There are several Syar’iyah courts that have implemented Perma. However, there are also many Syar’iyah courts that ignore Perma due to unprepared infrastructure. But, there are also some Syar’iyah courts that conduct jinayat trials based on the agreement of the parties involved in the trial. In this case, jinayat trials are sometimes carried out virtually and sometimes physically present in the courtroom. This study also found that the tendency of jinayat cases increased throughout the year 2020 when the pandemic occurred. The increase in jinayat cases was caused by two reasons. First, almost all criminal acts regulated in the qanun of jinayat are domestic crimes. Second, there was a relatively large deduction amount of the budget for the enforcement of Islamic law, which was then reallocated to prevent the spread of COVID-19. ","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43401584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}