UUM Journal of Legal Studies最新文献_第5页

REVISITING THE GEOGRAPIDCAL INDICATION REGIME IN BANGLADESH: TRIPS COMPATIBILITY AND PROSPECTIVE CHALLENGES 重新审视孟加拉国地理标志制度：TRIPS兼容性和未来挑战

UUM Journal of Legal Studies Pub Date : 2023-01-18 DOI: 10.32890/uumjls2023.14.1.4

M. A. Chowdhury, Md. Hasnath Kabir Fahim

{"title":"REVISITING THE GEOGRAPIDCAL INDICATION REGIME IN BANGLADESH: TRIPS COMPATIBILITY AND PROSPECTIVE CHALLENGES","authors":"M. A. Chowdhury, Md. Hasnath Kabir Fahim","doi":"10.32890/uumjls2023.14.1.4","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.4","url":null,"abstract":"In the domain ofintellectual property (IP), the Geographical Indication (GI) is deemed to be a sleeping beauty due to its imperial reverberation in consolidating cultural and economic values, particularly in the developing and least developed countries. Bangladesh, being rich in cultural diversities and traditions, has a number of world famous foodstuffs, handicrafts, agricultural products and cultural heritage that could qualify as geographical indications. In this context, the country introduced a sui generis method of GI protection with the promulgation of the Geographical Indications of Goods (Registration and Protection) Act, 2013, which was also monumental in discharging Bangladesh's obligation under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The present paper has :firstly chosen to examine the concept of the GI and its legal framework from the IP perspective in order to safeguard both the cultural legacy and genuine producers of geographically exhibiting products of Bangladesh. The key focus of this paper is, however, on the compatibility of TRIPS to Bangladeshi law, particularly inrelation to the aspects of protection and registration of Gls, and to identify the unexplored challenges that the country is supposed to confront as a developing nation. Finally, this article portrays some way-outs to combat potential challenges and help ensure the prospects of Bangladesh in an ever expanding local and global market of GI goods.","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":"45067754","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}

引用次数: 0

EVIDENCE AND PROSECUTION OF OUT-OF-WEDLOCK PREGNANCIES: A LEGAL PERSPECTIVE OF SYARIAH CRIMINAL OFFENCES IN MALAYSIA 非婚怀孕的证据和起诉:马来西亚伊斯兰教刑事犯罪的法律视角

UUM Journal of Legal Studies Pub Date : 2023-01-18 DOI: 10.32890/uumjls2023.14.1.1

Adibah Bahori, Azizah Mat Rashid, Mohamad Azhan Yahya, Suhaizad Saifuddin, Mohd Kamel Mat Salleh

{"title":"EVIDENCE AND PROSECUTION OF OUT-OF-WEDLOCK PREGNANCIES: A LEGAL PERSPECTIVE OF SYARIAH CRIMINAL OFFENCES IN MALAYSIA","authors":"Adibah Bahori, Azizah Mat Rashid, Mohamad Azhan Yahya, Suhaizad Saifuddin, Mohd Kamel Mat Salleh","doi":"10.32890/uumjls2023.14.1.1","DOIUrl":"https://doi.org/10.32890/uumjls2023.14.1.1","url":null,"abstract":"The issue of illegitimate pregnancies is worrying and births out of wedlock are rampant in Malaysia. These concerns are not exclusive to Malaysia however, as typically, developing countries encounter similar problems. Workable data or statistics on adultery are nearly impossible to obtain as the perpetrator would be unlikely to plead guilty, unless there are reliable witnesses willing to testify and help the prosecution. However, data on out of wedlock pregnancies and illegitimate births in Malaysia are certainly considered essential indicators of acts of fornication. Apart from from the incidences of rape, acts of voluntary sexual intercourse also contribute to both pregnancies and the birth of illegitimate children. Against this backdrop, the prsent paper aims to analyse the relevant syariah criminal laws related to premarital pregnancies. The areas of interest are issues on the allocation of funds, nature of punishment, extent of prosecution, and incriminating evidence required under the Syariah Criminal Offences (SCO) Enactments of states in Malaysia. This study has adopted a qualitative method by obtaining data through analyses of documents pertaining to the Syariah Criminal Offences (SCO) Enactments of Malaysian states, books, and academic journals. This study finds that not all states have provisions for extramarital affairs. In fact, prosecutions in Syariah Courts for out of wedlock pregnancies are very fewcompared tothe number of illegitimate births. Inaddition, the existing provisions under the SCO are sufficient to handle cases of out of wedlock pregnancies and illegitimate births. In facing this reality, effective laws are obligatory, on top of the need to refine the existing provisions and develop the Islamic legal andjudicial system in Malaysia.","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":"45649837","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}

引用次数: 0

CONSUMER RIGHTS PROTECTION AGAINST PRICE GOUGING DURING THE COVID-19 PANDEMIC IN INDONESIA 在印度尼西亚2019冠状病毒病大流行期间保护消费者权利防止价格欺诈

UUM Journal of Legal Studies Pub Date : 2022-07-21 DOI: 10.32890/uumjls2022.13.2.5

I. Atikah

{"title":"CONSUMER RIGHTS PROTECTION AGAINST PRICE GOUGING DURING THE COVID-19 PANDEMIC IN INDONESIA","authors":"I. Atikah","doi":"10.32890/uumjls2022.13.2.5","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.5","url":null,"abstract":"This study investigated consumer rights protection in Indonesia on price gouging during the Covid-19 outbreak. This research employed normative law with a statutory approach and an analytic approach. The Consumer Protection Act, the Anti-Monopoly and Unfair Business Law, the Civil Law, and the Trade Law were the primary sources. Meanwhile, the supporting sources included books, journals, and articles on the internet. The object of research focused on consumer protection from price gouging for necessities during the Covid-19 pandemic. The results revealed that unhealthy business competition during the pandemic have harmed Indonesian people in fulfilling their basic needs to stay healthy. Goods in urgent demand such as masks and hand-sanitizers have a lower consumer buying interest due to the unfair selling power set by several business actors. The Indonesian government has prohibited business actors from deliberately gouging product prices during the Covid-19 pandemic. It has also played a central role in establishing and enforcing civil and criminal laws on business actors who set unreasonably high prices, resulting in consumer economic difficulties amid the outbreak of Covid-19.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44410910","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}

引用次数: 0

ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON THE LEGAL FRATERNITY 人工智能及其对法律界的影响

UUM Journal of Legal Studies Pub Date : 2022-07-21 DOI: 10.32890/uumjls2022.13.2.6

Josephine Rajendra Bhavani, Ambikai S. Thuraisingam

引用次数: 1

INDONESIA’S MINIMUM WAGE POLICY AFTER THE OMNIBUS LAW: A COMPARATIVE ANALYSIS FROM ISLAMIC PRINCIPLES 综合法之后的印尼最低工资政策&基于伊斯兰原则的比较分析

UUM Journal of Legal Studies Pub Date : 2022-07-21 DOI: 10.32890/uumjls2022.13.2.8

Mirza Satria Buana, R. Budiman

{"title":"INDONESIA’S MINIMUM WAGE POLICY AFTER THE OMNIBUS LAW: A COMPARATIVE ANALYSIS FROM ISLAMIC PRINCIPLES","authors":"Mirza Satria Buana, R. Budiman","doi":"10.32890/uumjls2022.13.2.8","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.8","url":null,"abstract":"The labour sector and industrial relations are pivotal for Indonesia’s development, especially in the current neo-capitalist setting. Therefore, this article examined the current Indonesian labour law and its industrial relations through a comparative analysis with Islamic principles, particularly after revision with the 2020 Omnibus Law. Using a socio-legal methodology, it analysed the historical and political contexts of the Acts on labour to determine their tendency to enhance or undermine labourers’ rights. Moreover, this article explored the government’s utilisation of the Acts for suppression and compared the ways of Islamic principles’ regulation of justice in industrial affairs, especially in the minimum wage policy. The study revealed that the 2003 Manpower Law, the 2020 Omnibus Law on Work Creation, and the 2021 Regulation on Wages, which are claimed to protect labourer’ rights, erode them instead. The labour laws are firm in stressing workers’ duties and obligations, yet are indecisive in regulating their rights, leading to the reduction and abolishment of several work benefits. In addition, government authorities are weak and accommodate to the interests of companies and investors. Therefore, this article concluded that the labour law provision, specifically the legal issue of minimum wage policy, does not correspond to Islamic principles and the practices of maslahah and maqosid al-shari’ah.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47560540","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}

引用次数: 4

INFLUENCE OF THE BRITISH COLONIALISTS ON WAQF PRACTICE IN PENANG, MALAYSIA: REFLECTIONS ON ITS LEGAL HISTORY 英国殖民者对马来西亚槟城宗教基金实践的影响&对其法律史的思考

UUM Journal of Legal Studies Pub Date : 2022-07-21 DOI: 10.32890/uumjls2022.13.2.12

Salehuddin Md. Dahlan, N. Mohamad, Nuarrual Hilal Md Dahlan

引用次数: 0

SETTING THE BOUNDARIES OF INDIVIDUAL REPRODUCTIVE AUTONOMY: THE CASE OF ARTIFICIAL WOMB 设定个体生殖自主的界限:以人工子宫为例

UUM Journal of Legal Studies Pub Date : 2022-07-21 DOI: 10.32890/uumjls2022.13.2.1

Haniwarda Yaakob

{"title":"SETTING THE BOUNDARIES OF INDIVIDUAL REPRODUCTIVE AUTONOMY: THE CASE OF ARTIFICIAL WOMB","authors":"Haniwarda Yaakob","doi":"10.32890/uumjls2022.13.2.1","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.1","url":null,"abstract":"Artificial womb or ectogenesis may sound like science fiction at present. Nevertheless, research on this technology is moving rapidly and it is anticipated to be ready for human testing in years to come. Although not yet a reality, early discussion on the legal and ethical ramifications of this technology should be encouraged as to ensure that the law is moving side by side with the scientific developments. Therefore, this article undertakes the challenge of identifying and presenting the potential implications of ectogenesis to women, embryos, and society, with special reference to the legal and social backgrounds in Malaysia. The analysis began by applying the theory of individual reproductive autonomy that is commonly relied upon in arguments for the use of assisted reproductive technologies. It is argued that reliance on the notion of individual reproductive autonomy permits the use of ectogenesis provided that no harm is caused to others. Following that, the possible harms or concerns surrounding ectogenesis were carefully presented. This article concluded that more detailed deliberations on the use of ectogenesis are required before an affirmative legal stance can be reached on its permissibility. This article is significant as it paves the way for more research in this area particularly from the Malaysian perspective.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45303935","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}

引用次数: 0

MUST THE PREVENTION OF TERRORISM ENTAIL THE VIOLATION OF HUMAN RIGHTS? THE CASE OF MALAYSIA’S PREVENTION OF TERRORISM ACT 防止恐怖主义必须导致侵犯人权吗?马来西亚防止恐怖主义法案的案例

UUM Journal of Legal Studies Pub Date : 2022-07-21 DOI: 10.32890/uumjls2022.13.2.10

Abdul Razak, Simraatraj Kaur Dhillon

引用次数: 0

IDENTIFYING BARRIERS TO DATA PROTECTION AND INVESTOR PRIVACY IN EQUITY CROWDFUNDING: EXPERIENCES FROM INDONESIA AND MALAYSIA 识别股权众筹中的数据保护和投资者隐私障碍：印尼和马来西亚的经验

UUM Journal of Legal Studies Pub Date : 2022-07-21 DOI: 10.32890/uumjls2022.13.2.9

Fithriatus Shalihah, Roos Niza Mohd Shariff

{"title":"IDENTIFYING BARRIERS TO DATA PROTECTION AND INVESTOR PRIVACY IN EQUITY CROWDFUNDING: EXPERIENCES FROM INDONESIA AND MALAYSIA","authors":"Fithriatus Shalihah, Roos Niza Mohd Shariff","doi":"10.32890/uumjls2022.13.2.9","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.9","url":null,"abstract":"Equity crowdfunding (ECF) in Indonesia is a fundraiser organized to attract many investors to finance social and business activities on online platforms. In Malaysia, ECF reflects small businesses, especially those of entry-level businesses, raising funds from the public through websites registered with the Malaysian Securities Commission. There are differences in legal protection between Indonesia and Malaysia regarding protection of personal data and investor privacy in ECF activities. This study aimed to examine the barriers faced in data protection and privacy related to equity crowdfunding in Indonesia and Malaysia. This normative legal research focused on positive legal norms, laws, and regulations. It is found that Indonesia and Malaysia have different barriers in protecting personal data and investor privacy in ECF activities. In Indonesia, data protection and investor privacy concerning ECF refer to several legal rules for resolving issues regarding personal data. They often encounter conflicting legal rules in the application of personal data protection and investor privacy in ECF activities. Meanwhile, the protection of personal data and investor privacy on ECF activities has been specifically regulated in the Personal Data Protection Act (PDPA) 2010 in Malaysia. Despite the rules regarding the protection of investor data, cases of personal data theft in Malaysia are high as compared to Indonesia. This is due to the lack of legal awareness for the ECF platform organizers in implementing the provisions set out in the PDPA 2010.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48385508","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}

引用次数: 0

AN ASSESSMENT OF PRIVACY REGIME IN BANGLADESH: A LEGAL ANALYSIS 对孟加拉国隐私制度的评估:法律分析

UUM Journal of Legal Studies Pub Date : 2022-07-21 DOI: 10.32890/uumjls2022.13.2.4

Md. Toriqul Islam

{"title":"AN ASSESSMENT OF PRIVACY REGIME IN BANGLADESH: A LEGAL ANALYSIS","authors":"Md. Toriqul Islam","doi":"10.32890/uumjls2022.13.2.4","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.4","url":null,"abstract":"Privacy is one of the most valued human rights in the information age. Due to the present digital world context, privacy appears as one of the pressing problems. In a data-driven world, a vast majority of works are going online using personal data. Personal data emerge as the new fuel to the Internet, and coin to the digital world. This digital atmosphere makes life easier, faster, and smarter, while simultaneously posing tremendous challenges to privacy. Therefore, the debate encompassing privacy evolves as one of the hot-button issues in contemporary world policies, politics, and business. In response, multiple policy measures have been adopted at national, regional, and international levels. To cope with this global trend, establish a safer online ecosystem, and secure citizens’ right to privacy, Bangladesh should maintain an adequate privacy protection regime. This landscape leads the current researcher to explore and assess the privacy protection regime of Bangladesh, as there is a lack of research in this area. There is a clear gap in the existing literature that requires to be filled in, and this research aimed to fill that gap using doctrinal legal research. The findings revealed that privacy was not adequately protected in Bangladesh due to, mainly, the lack of omnibus data privacy legislation. This article concluded by offering some workable suggestions, and especially, urged for enacting comprehensive data protection legislation in Bangladesh. Presumably, this research will enlighten all stakeholders regarding an overall picture of the privacy protection regime of Bangladesh. Moreover, this study will facilitate relevant stakeholders to map their future strategies and policy directions towards establishing an effective privacy protection regime in Bangladesh.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49170630","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}

引用次数: 0