UUM Journal of Legal Studies最新文献

{"title":"RETHINKING IDGHER EDUCATION SERVICES AND THE COMPLAINT HANDLING FRAMEWORK IN MALAYSIA","authors":"S. Omoola, Bakare Kayode Kazeem, Ashgar Ali Ali Mohamed, Nora Abdul Hak, Wan Mohd Zulhafiz Wan Zahari, C. Ramalingam","doi":"10.32890/uumjls2023.14.1.8","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.8","url":null,"abstract":"In the last few decades, Malaysia has become a global hub for higher education services. Policies and programs have been put in place to improve the higher education system in the country and attract more international students. This development needs to be aligned with an effective dispute resolution framework to ensure the continuous development of the Malaysian higher education sector. The methodology employed in this paper is a doctrinal method based on the nature of the discourse. To examine the relevant higher education concepts and dispute resolution framework, research papers pertinent to the subject were analysed. In addition, relevant legislations were consulted to determine the adequacy of the existing legal framework for dispute resolution in the higher education context in Malaysia. The main objective of this paper is to examine the nature of education services and the existing dispute resolution mechanisms in the Malaysian higher education sector. The paper will explore education services as either a \"public good\" or a \"private good\" and whether students are consumers in the real sense and have consumer rights. This research establishes that although scholars have often argued as to whether or not students are consumers, in Malaysia and other Asian countries, students are perceived as customers, and therefore, the interest, welfare and satisfaction of students must always be of utmost priority. A thorough study of the existing laws reveals that there is an inadequate provision in the education laws in Malaysia, especially regarding the mechanisms of dispute resolution in its higher education institutions.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49633679","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":"KEPERLUAN PROSEDUR OPERASI STANDARD DALAM PENERIMAAN DOKUMEN DIGITAL DI MAHKAMAH SIVIL MALAYSIA","authors":"Wan Abdul Fattah Wan Ismail, Lukman Abdul Mutalib, Ahmad Syukran Baharuddin, Nurul Syazwani Abdullah Kahar, Mohamad Aniq Aiman Alias","doi":"10.32890/uumjls2023.14.1.14","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.14","url":null,"abstract":"Keperluan dalam memastikan kebolehgunaan dan kebolehpercayaan dokwnen digital di mahkamah merupakan salah satu penentu kebolehterimaan dokumen digital sebagai kaedah pembuktian di mahkamah. Oleh itu, bagi mengekalkan keasliannya, dokumen digital perlu dinilai secara betul dengan mengglmakan prosedur khusus supaya bukti tersebut terlindung daripada diceroboh dan diubah lantas memastikan ia diterima sebagai bukti, khususnya di mahkamah sivil. Waiau bagaimanapun, masih tiada kajian yang membincangkan aspek keperluan prosedur operasi standard (SOP) dalam kebolehterimaan dokumen digital di mahkamah sivil walaupun secara umumnya mahkamah sivil telah pun mengguna pakai dokumen digital sebagai bukti seja.k tahun 1950-an. Oleh itu, kajian inia.kan membincangkan kedudukan dokumen digital di mahkamah sivil, enakmen, dan peruntukan berkaitan penggunaannya serta SOP untuk. mengguna.kan dokumen digital sebagai bukti khususnya di mahkamah sivil. K.ajian ini juga mengguna.kan kaedah kualitatif dengan mengumpul data daripada sumber primer dan sumber sekunder yang kemudiannya dianalisis mengguna.kan kaedah analisis kandungan. K.ajian mendapati bahawa satu SOP tentang penerimaan dokumen digital di mahkamah sivil adalah sangat penting dan sesuai dengan undang­ undang untuk. memastikan bahawa bukti yang dikemukakan adalah sahih dan boleh dipercayai, seperti yang digariskan oleh mahkamah. Hasil kajian ini juga menunjukkan bahawa ia boleh dijadikan sebagai rujukan oleh para hakim dan pengamal undang-undang sivil untuk. membuat pertimbangan adil terhadap isu berkaitan dengan dokumen digital sebagai salah satu bentuk. kaedah pembuktian khususnya di mahkamah sivil.\u0000 \u0000ABSTRACT\u0000The need to ensure the usability and reliability of digital documents in court isoneofthedeterminants intheadmissibility ofdigital documents as a method of proof in court. Therefore, in order to maintain its authenticity, digital documents must be evaluated in the right way to protect evidence from being tampered with and altered through specific procedures to ensure that they can be accepted as evidence, especially in civil courts. However, there are no specific studies asyet that discuss the requirements of standard operatingprocedure (SOP) in the admissibility of digital documents in civil courts; even though generally, the civil courts have been adopting digital documents as a method ofproof since the 1950s. Thispaper examines theposition of digital documents in civil courts, the enactments and provisions relating to their use including SOPsfor the use of digital documents as evidence, particularly in civil courts. Qualitative methods were used to collect datafrom primary and secondary sources, which were then analyzed using content analysis. The results of the studyfound that SOP is important in the admissibility of digital documents by the civil courts, to verify thatproof submitted to the court is genuine and accurate in accordance with the guidelines of the court. The results also show that t","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45650795","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":"OMNIBUSLAW EMPLOYMENT CLUSTER: IS ITA FORM OF LABOR EXPWITATION IN THE INDONESIAN CONTEXT?","authors":"I. M. Sarjana, Kadek Agus Sudiarawan, Laura Antoinette Medd, I. P. B. W. Raksita, Bagus Hermanto","doi":"10.32890/uumjls2023.14.1.3","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.3","url":null,"abstract":"Omnibus legislation isthe crucial method used when enacting the Law on Job Creation and it is concerned with providing further protection for Indonesia workers.Ibis article aims to identify the new regulations pertaining to the Job Creation Law, especially in the Labor cluster. In addition, this article will also try to analyze the relevant labor cluster regulations of the Job Creation Law, paying special attention to the issue of legal protection for workers. This is normative legal research that has applied the statutory approach, conceptual approach, and factual approach. The findings of the research show that there are various changes related to labor issues in the Job Creation Law, including regulations related to foreign workers, work relations, working time, rest and leave time, wages, termination of employment, and severance pay.An analysis of the legal implication that arises from several indicators of change then shows that the characteristics of the Labor Cluster arrangement in the Job Creation Law are potentially detrimental to workers. Although several new regulations benefit workers in an industrial relationship, in general, the Job Creation Law, especially the Labor Cluster, still reflects the main orientation of its formation, namely to facilitate investment through the creation of a :flexible working relationship, causing uncertainty and the more marginalized status of workers. There is a need to ensure further certainty in the laws in order to ensure a broader protection for the status and rights of Indonesian workers.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46803482","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":"LEGAL FRAMEWORK IN IMPLEMENTING THE NATIONAL POLICY ON HIV/AIDS PREVENTION AND CONTROL IN INDONESIAN LOCAL REGULATIONS","authors":"U. Rauta, Titon Slamet Kurnia, Indirani Wauran","doi":"10.32890/uumjls2023.14.1.2","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.2","url":null,"abstract":"The purpose of this study is to analyze local regulations on the prevention and control of HIVIAIDS and their relevance to the implementation of national policies in Indonesia. More specifically, in light of the absence of a national law on the prevention and control of HIVIAIDS in Indonesia this study discusses the role of local regulation issued by local governments in response to this problem. This study has adopted the doctrinal legal study method and has examined legal materials from a library-based research. This study finds that the existing national policy on HIV/AIDS prevention and control is only substantially specified inthe Regulation of the Ministry of Health No. 21 of 2013, which has been issued to fill the lacunae in legislation on the matter at hand. The Ministerial Regulation has substantively applied the human rights approach to serve as the central government's response and an interpretive guideline for local governments in responding to HIVIAIDS prevention and control issues. The findings also pointed out that local governments are more responsive to the issue, their regulations have underscored the importance of health and human rights as the critical consideration in their policy regarding the prevention and control of HIV/AIDS. Practical recommendations are outlined for the central government to take serious measures to regulate the issues on HIVIAIDS prevention and control at the national level.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47295719","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":"CONSENT IN A TRAFFICKING PARADIGM: EXPLORING THE CONFLATION BETWEEN SEX TRAFFICKING AND VOLUNTARY SEX WORK","authors":"Haezreena Begum binti Abdul Hamid","doi":"10.32890/uumjls2023.14.1.7","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.7","url":null,"abstract":"This article explores the notion of consent inthe trafficking paradigm and the conflation of voluntary sex work and sex trafficking in Malaysia. The article argues that because consent of a trafficked victim is irrelevant inthe context of international law, the authorities tend to conflate voluntary sex work with trafficked sex work. This obstructs a clear definition of trafficking and places women in precarious positions. The article also aims to evaluate the approaches in protecting victims through raids and rescue operations, shelter detention, andjudicial processes in the respective states in the country. The article will demonstrate that while women areuniquely positioned to be a part of the fight against sex trafficking through their access to information, their consent to be pa.rt of the process in tackling sex trafficking has been ignored, negated, and disregarded throughout the anti-trafficking regime. Such practices are seen as violating women' s fundamental rights and fosters distrust between trafficked women and the authorities. It also demonstrates the failure of the government in addressing human trafficking issues.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42534784","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":"EXECUTING WAR CAPTIVES BASED ON MASLAHAT: REFLECTING ON AND CONCLUDING THE CONTEMPORARY DEBATE","authors":"F. Muhammadin","doi":"10.32890/uumjls2023.14.1.9","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.9","url":null,"abstract":"The debate on whether war captives may be executed has been a debate among Islamic scholars since the classical era until today. Some say war captives may be executed based on maslahat, others say it is categorically impermissible. However, in recent decades, the debate on this matter has entered a new phase, with the opposing sides, i.e., permissible if maslahat is present versus the categorically impermissible, but with new arguments emerging aside from the reiteration of some classical arguments. Some of these new arguments are non-contextual, such as new conclusions derived from the known prophetic tradition (sunnah) and contextual arguments such asthe role of international law vis-a-vis Islamic law.Using the literature review as the research method this article has examined the contemporary debate and will consider both classical arguments, as well as current contextual arguments, in the light of the usu/ al-fiqh, and how international law (particularly international humanitarian law) should affect Islamic legal rulings. It is concluded that categorically prohibiting the execution of war captives is the weaker position as it relies on an incorrect interpretation of the dalil and its unrealistic application in warfare. It is also found that the position permitting captive execution if there is maslahat is, despite being often misunderstood, the stronger position, both interms of the dalil and its realistic application in warfare.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41504169","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":"MINORS AND THEIR INCAPACITY TO CONTRACT: A REVISIT","authors":"Rosmawani Che Hashim, Farah Nini Dusuki","doi":"10.32890/uumjls2023.14.1.11","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.11","url":null,"abstract":"Given the exposure to today's easy-to-know information, children should seemingly become mature faster than their predecessors, and therefore better informed even at a tender age. However, it remains to be seen whether fixingthe age of 18 forminors or children to enter into contracts is relevant. This paper focuses on contract law; it examines the age of majority and the legal implications of contracts entered into by minors. To a certain extent, this paper examines the issue by making comparisons between Malaysian and English law. The findings derived imply that the determination of the age of majority needs to be compatible with the capacity of minors and current realities. This determination must be premised on a fair balance between protecting minors' welfare and the interest of those who have attained the age of majority.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49163659","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":"PEMBAYARAN NAFKAH ANAK MELALUI POTONGAN KUMPULAN WANG SIMPANAN PEKERJA: SUATU ALTERNATIF","authors":"Mohd. Norhusairi Mat Hussin, Muhammad Farid Aizat Fauzi","doi":"10.32890/uumjls2023.14.1.13","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.13","url":null,"abstract":"Nafkah anak merupakan suatu kefarduan yang wajib ditunaikan secara berterusan oleh bapa atau penjaga menurut hukum syarakdan undang-undang. Namun begitu, tidak dinafikan bahawa wujudnya pengabaian nafkah daripada pihak bapa kepada anak-anakdisebabkan pelbagai faktor. Pengabaian nafkah ini menyebabkan kehidupan anak-anak terjejas dan tidak mendapat hak yangsepatutnya. Oleh itu, kajian ini bertujuan untuk menganalisis potongan Kumpulan Wang Simpanan Pekerja (KWSP) sebagai suatu alternatif untuk pembayaran nafkah anak di Mahkamah Syariah sekaligus mencadangkan potongan simpanan KWSP bapa sebagai salah satu mekanisma pembayaran nafkah. Data utama dalam kajian ini diperolehi melalui kajian perpustakaan dan juga kajian lapangan yang melibatkan temubual dengan Peguam Syarie bagi mendapatkan pandangan mereka berkenaan kaedah-kaedah pembayaran nafkah yang sedia ada serta keperluan pelaksanaan potongan KWSP sebagai kaedah alternatif. Metodologi yang digunakan ini boleh menyoroti potongan wang KWSP bagi tujuan nafkah dibuat melalui undang-undang seterusnya boleh mengesahkan kepentingan potongan wang KWSP bagi membela hak anak-anak untuk mendapatkan nafkah. Kajian ini penting khususnya kepada pihak kerajaan dan pembuat dasar di KWSP bagi meminda dasar yang sedia ada untuk membantu memelihara hak anak-anak daripada sikap culas bapa yang mencarum di KWSP.\u0000 \u0000ABSTRACT\u0000Child support is an obligation that must be fulfilled continuously by the father or the guardian according to the Syarak and common law. However, there is no denying that there is often the issue of neglect in the maintenance of child support from the father due to various factors. This neglect has certainly affected the lives of the children as they do not get the rights that they deserve. Therefore, this study aims to analyze the deduction from the Employees Provident Fund (EPF) as an alternative for the payment of child support in the Shariah Court. It is a proposal that the deduction of the father’s EPF savings can be one of the payment mechanisms for child support. The main data in this study was obtained through a library study and also a field study involving interviews with Sharie Counsel. The latter was carried out to obtain their views on the existing methods of payment for child support and the need to implement EPF deductions as an alternative method. The methodology used can highlight the deduction of EPF money for the purpose of child support made through the law. It will also further underscore the importance of the deduction of EPF money to protect the rights of children to obtain child support. This study is important to the government and policy makers as the amendment to the existing policy will go a long way to help protect the rights of children from the cavalier attitude of fathers toward payment for child support.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45860478","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 FUNDAMENTAL RIGHTS OF CHILDREN DEPRIVED OF LIBERTY INDETENTION CENTRES INMALAYSIA DURING THE COVID-19 PANDEMIC: A QUALITATIVE STUDY","authors":"Nadzriah Ahmad, Sheela Jayabala Krishnan@Jayabalan, Azlina Wati Nik Mat, S. Wahab","doi":"10.32890/uumjls2023.14.1.10","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.10","url":null,"abstract":"The spread of the Covid-19 virus that initially surfaced in China in late 2019 eventually emerged as a global pandemic which adversely affected the worldwide population, including Malaysia. Consequently, the Malaysian government implemented many social and public health measures to help control the spread of Covid-19 in the country. The Covid-19 pandemic affected every level of society in Malaysia, including children who are susceptible to being emotionally, psychologically, and mentally affected due to lockdown measures, school closures, and loss of employment suffered by family members. There is a gap in existing research concerning the impact of Covid-19 on children deprived of liberty in detention centres in Malaysia. Hence, this study aims to identify whether the legal framework in Malaysia adequately protects the rights of children deprived of liberty in detention centres, in line with the international legal framework. A qualitative research design was adopted to explore the issues surrounding the impact of Covid-19 on children in detention centres. Library-based research and semi-structured interviews were carried out with officers from detention centres and the Department of Social Welfare. This research demonstrates that soundpolicies and guidelines and the availability of fully trained staff are essential in meeting the emotional, physical, and mental needs of children in detention centres. This research is significant for policymakers to strengthen the current legal framework in order to afford better protection for children in detention centres, in line with the Ministry of Women, Family and Community Development Policy (2021-2025) as well as the international legal framework.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44281163","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":"ARTIFICIAL INTELLIGENCE AS A COMMON HERITAGE OF MANKIND","authors":"Dennis W. K. Khong, Su Wai Mon","doi":"10.32890/uumjls2023.14.1.5","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.5","url":null,"abstract":"Artificial intelligence technologies today employ techniques known as machine learning and deep learning, which apply datasets to a suitable mathematical or statistical technique known as an algorithm. This in turn produces a model that can be employed to predict an outcome, given a new set of data that was previously unseen by the model. The principle of common heritage of mankind, which has originated in the 19th century, promotes the concept that humanity as a whole has rights and responsibilities over territories or outer space. This study aims to advance the concept of treating the components of artificial intelligence as an intellectual common in the form of a common heritage of mankind, in order to promote the discovery and the development of more novel artificial intelligence applications for the benefit of people around the world. This work employs a mix of legal doctrinal research related to intellectual property law and conceptual theoretical discussion. The potential application of open access and open data licensing is discussed. The history of the common heritage of mankind is covered, and the potential benefit of recognizing basic artificial intelligence components as a common heritage of mankind is explored. Finally, a novel method for implementing this idea is proposed. This work is significant in advancing a method to liberate certain artificial intelligence technologies from intellectual property rights protection, in order to promote greater experimentation and the development of artificial intelligence applications for the greater good of humanity.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44250106","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}