UUM Journal of Legal Studies最新文献

{"title":"CONTESTATION OF CHEMICAL CASTRATION PUNISHMENT FOR CHILD SEX OFFENDERS: CASE IN INDONESIA","authors":"S. Hermawan, Supid Arso Hananto","doi":"10.32890/uumjls2022.13.2.2","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.2","url":null,"abstract":"Children as national assets must receive significant concerns from their families, neighborhoods, and the state. Based on these circumstances, a variety of regulations are made, including the protection of children from sex offenders. Various arguments, both pro and contra, emerge in the regulation, which provides chemical castration punishment for child sex offenders. The objective of this article is to analyze the contesting of the chemical castration paradigm, both from theoretical and practical dimensions. It used a conceptual and legislative approach, through the analysis of several relevant books and articles as well as the opinions of qualified experts, which were then linked to one another. This paper argued that regardless of human rights perspectives, Indonesia’s future which lies in its future generations must receive more considerable attention. Therefore, the limitation of the perpetrators’ human rights should not be considered a human rights violation. Instead, this castration punishment protects the perpetrators’ human rights from a cruel retributive action from the victims’ family.","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":"47652721","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 ISSUES OF WORKING FROM HOME AMID THE COVID-19 PANDEMIC IN MALAYSIA","authors":"Harlida Abdul Wahab, Siti Suraya Abd Razak, Nik Ahmad Kamal Nik Mahmod","doi":"10.32890/uumjls2022.13.2.7","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.7","url":null,"abstract":"Flexible work arrangements are common during the COVID-19 pandemic as a result of the movement restriction and the closure of the economic sector. Among the flexibility practices is the implementation of remote working, in particular, working from home (WFH) where employees are physically working outside and remote from their organisations. The mandated WFH has changed the working scenario without confirming whether employers and employees are prepared for this new norm. However, the WFH arrangement requires legal consideration as its arrangement needed a legal predicament. The concern over WFH must be addressed on the grounds of managerial rights and boundaries besides determining the rights of employees while working remotely. From the legal viewpoint, there is a question of whether the existing labour law in Malaysia is accommodating to the WFH practice. Hence, this paper aims to examine the employment-related matters concerning WFH practice in Malaysia on employment terms like wages and leaves, matters on safety and health, social security, and confidentiality and security of information. This study applied a doctrinal approach using authoritative legal texts in solving the legal problems that arise from WFH. The analysis of legal provisions and case studies were employed to present the benefits of the employment relationship and industrial relations in the changing employment landscape and work culture linked to WFH.","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":"45021410","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 LEGAL ASPECT OF ILLICIT ENRICHMENT IN MALAYSIA: IS IT A CRIME TO BE RICH?","authors":"Noratikah Muhammad Azman Ng, Z. Ayub, Rohana Abdul Rahman","doi":"10.32890/uumjls2022.13.2.11","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.11","url":null,"abstract":"The growth of illicit enrichment crime, or living beyond one’s means is a significant challenge in combating corruption. Many countries have shown their commitment towards preventing illicit enrichment crimes by criminalising and penalising illicit enrichment in their laws, including Hong Kong and Singapore. Illicit enrichment is a crime and Malaysia has no clear provisions on illicit enrichment to prevent it. Therefore, this paper analysed the adequacy of Section 36 of the Malaysian Anti-Corruption Commission Act 2009 [Act 694] (MACC Act 2009). The legal framework on illicit enrichment in Hong Kong and Singapore were referred as sources of critique. To achieve the said objective, this study adopted a doctrinal approach using qualitative research methodology. The scope of the paper is limited due to the inadequacy and indirectness of the law on illicit enrichment in Malaysia. This paper critically analysed the international framework of illicit enrichment and conducted a comparative analysis of the law in Hong Kong and Singapore, namely the Prevention of Bribery Ordinance and the Prevention of Corruption Act 1960, respectively. In conclusion, this paper found that the current law in Malaysia is inadequate and Malaysia can learn to adopt the said laws as provided in Hong Kong and Singapore. This study serves as a guide for legislators intending to address the current inadequacies of the law on corruption in Malaysia, equipped with better knowledge on the characteristics of illicit enrichment. Suggestions to address the issues are proposed.","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":"43328113","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":"PEMERKASAAN PELAKSANAAN SULH DALAM KES-KES HARTANAH MELALUI PEMAKAIAN ARAHAN AMALAN DI MAHKAMAH SYARIAH DI MALAYSIA (Enhancement on the Application of Sulh in Real Property Cases through Practice Directions in Malaysian Shariah Courts)","authors":"Wan Azimin Wan Adnan, A. Buang, Zubaidi Sulaiman","doi":"10.32890/uumjls2022.13.2.13","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.13","url":null,"abstract":"Pemakaian Arahan Amalan membantu pelaksanaan sulh di Mahkamah Syariah pada penyediaan proses kerja bermula daripada pendaftaran kes hingga perintah penghakiman persetujuan dikeluarkan. Kajian ini meneliti kedudukan dan pemakaian Arahan Amalan dalam pelaksanaan sulh dalam kes-kes hartanah di Mahkamah Syariah. Data kajian ini terdiri daripada sumber primer seperti statut, Arahan-Arahan Amalan, penghakiman kes-kes, temubual dan sumber sekunder seperti penulisan di dalam artikel jurnal dan buku. Analisis kandungan secara deskriptif digunakan bagi menganalisis data-data yang telah dikumpulkan. Kajian ini mendapati pemakaian Arahan Amalan menyediakan garis panduan kepada pegawai sulh dan hakim syarie menjalankan tugas mereka secara berkesan. Namun melalui analisis penghakiman kes yang diputuskan, Arahan Amalan ke arah pemerkasaan pelaksanaan sulh khususnya dalam penyelesaian kes hartanah masih perlu ditambah baik dalam mendepani cabaran semasa, isu perundangan dan pentadbiran. Implikasi kajian ini dapat memantapkan aspek proses penghakiman dan pengurusan kes dalam Mahkamah Syariah di Malaysia.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48815188","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 LEGALITY OF CANING IN SINGAPORE","authors":"Harsh Mahaseth, Shifa Qureshi","doi":"10.32890/uumjls2022.13.2.3","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.2.3","url":null,"abstract":"Caning, also known as flogging and whipping, is a form of corporal punishment that is exclusively practised in Singapore, Brunei, and Malaysia. There has been an ongoing discussion over whether caning falls within the definition of ‘torture’ under various international treaties. This article intends to look into the history of caning and further analyse the arguments for the legality of caning in Singapore. It mentios the reasons for and problems of the present form of caning in these three nations. After analysing the international law and position of caning, the article affirms the reasons for not changing the existing caning laws. The efficacy of caning as punishment can be demonstrated by statistics from various reports that showed low crime rates in Singapore, Brunei, and Malaysia. Caning is among the few punishments that are retributive, deterring, as well as disciplining. The findings revealed that the offenders may not be able to walk or even sit comfortably for the first few weeks after being subjected to caning as punishment. Furthermore, the humiliation, fear, and suffering leave a permanent psychological scar on the offenders. Hence achieving the objective of judicial punishments. Nevertheless, given the lack of literature, caning has not been highlighted previously. In the final analysis, this article concluded that despite the severity and humiliation, caning still contributes to the overall aversion to crime in Singapore and thus should not be abolished and should continue to be inflicted on offenders.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48055818","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":"INITIAL REGULATEE PERCEPTION OF THE SELFREGULATION APPROACH IN THE REGULATORY ENFORCEMENT OF MEDICINE ADVERTISEMENTS","authors":"Nurul Hayati Bohari, Abdul Samad Abdul Ghani, Asniza Alias","doi":"10.32890/uumjls2022.13.1.13","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.1.13","url":null,"abstract":"Medicine advertisements need to be controlled to ensure public interest is protected from harm and complications. This is because the medicine advertisements accessed could be misleading, untrue, and contain highly exaggerated advertising claims. The law in the control of medicine advertising is complex and advancements in technology has made advertising of medicines even more challenging. Typically, every public-policy problem will be solved through legislation or government action. However, the implementation of the self-regulation approach in regulatory enforcement of medicine advertisements has not been evidently shown and therefore, needs to be studied. This study is aimed at determining regulatees’ initial perception in adopting the self-regulation approach in the regulatory enforcement of medicine advertisements in Malaysia. A mixed method study was conducted using data collected from the feedback obtained through an evaluation form distributed at a seminar organised in 2015 and from library research. Data generated from the 2015 seminar was the only data available at the national level and this data could only be obtained from the Pharmacy Enforcement Division. The seminar, which was attended by regulators, government agencies, publishers, advertising agencies, companies from the pharmaceutical industry, and the relevant organisations who were stakeholders in he industry, was a way to advance new guidelines and a regulatory enforcement approach on medicine advertisement. The results from the survey revealed that 58 percent of the participants favoured the self-regulation approach. Their perceptions were found to be positive towards the self-regulation approach. Based on a thematic analysis, the results seemed to suggest that the concern of the regulatees about the self-regulation approach could be categorised into four important factors, which were the Malaysian industry’s attitude and behaviour, government approval, government enforcement, and the management of the self-regulation approach. Nevertheless, in order to adopt the self-regulation approach, this study has highly recommended that the government should explicitly encourage self-regulatory bodies in Malaysia to implement the self-regulatory approach. For future studies, it is suggested that research be conducted to identify the effectiveness of the self-regulation approach among the various stakeholders of medicine advertisement.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49239193","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 PROCEDURES FOR THE COLLECTION OF URINE SAMPLES AND ARREST WITH REGARDS TO DRUG CASES IN MALAYSIA","authors":"Muhamad Helmi Md Said, Anusha Asokakumar, Bong Jia Er, Nurul Arwani Zafirah Biamin, Muhammad Khabir Hariz A Rahim, Nurin Athirah Mohd Alam Shah, Awathif Azman","doi":"10.32890/uumjls2022.13.1.4","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.1.4","url":null,"abstract":"This research focuses on the position of the relevant procedures concerning an arrest with regards to drug cases in Malaysia. There are three relevant acts that provide for the procedures for arrest concerning drug related cases in Malaysia. They are the Dangerous Drugs Act 1952 (DDA1952), the Criminal Procedure Code and the Drugs Dependants (Treatment and Rehabilitation) Act 1983 (1983 Act). However, there are conflicts between the application and the interpretation of the relevant provisions under each of these Acts by itself. Hence, this article outlines three objectives ie.: (i) to identify the various provisions relating to drug cases in Malaysia; (ii) to identify and analyse the position and the interpretation of the Malaysian criminal procedure law with regards an arrest concerning drug related cases; and (iii) to suggest improvements that can be made to the law governing an arrest relating to drug cases in Malaysia. In order to achieve these objectives, the research used a qualitative approach with pure legal method as statutes and legal cases would be used as primary source. The research found that that the courts cannot come to a conclusion on whether one or two bottles of urine sample is needed for an examination. This research also found that under the 1983 Act, there have been no recent cases that discussed on the procedures for arrest as well as the number of urine samples that needed to be collected as most of the recent cases were to be tried under the DDA 1952. Finally, there are conflicts in determining the manner of arrest relating to drugs cases under the DDA 1952. Thus, this research suggests an amendment to the Dangerous Drugs Act 1952. The issue of how many bottles of urine samples that need to be collected as well as the issue of whether the MOH Guidelines and IGSO have the relevant force of law must be addressed in this amendment. Next, this research also suggests that the 1983 Act be revised as well as updated due to the arising issues as mentioned earlier.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44110546","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 AND REGULATORY APPROACHES IN ṢUKŪK ISSUANCE: A COMPARATIVE ANALYSIS","authors":"Ghezal Mohamed, Rusni Hassan, Ahcene Lahsasna","doi":"10.32890/uumjls2022.13.1.11","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.1.11","url":null,"abstract":"The Ṣukūk structure seems to be closer to bonds structure. Many jurisdictions have applied bonds rules on Ṣukūk to permit its issuance without a specific and adequate legal framework. Proper Ṣukūk legal and regulatory frameworks are quite needed to distinguish Ṣukūk from bonds. The purpose of this article is to compare the legal and regulatory frameworks of Ṣukūk issuance in different countries and to examine the core provisions that allow the direct issuance of Ṣukūk. This article is based on a comparative method which analyses the main legal and regulatory approaches that underpinned the issuance of Ṣukūk in some countries. The required data is gathered from the relevant laws and regulations of countries like Indonesia, Malaysia and U.K, law books, and articles. The findings of this article reveal that Ṣukūk has been regulated under two approaches, namely by enacting a separate law or amending the existing legislations. This study has also highlighted the models to follow in the event there was a need to regulate Ṣukūk at the same level as conventional bonds, so as to allow for Ṣukūk issuance. It provides a wide range of the best lessons of some jurisdictions that have implemented the regulatory framework of Ṣukūk in order to strengthen the local rules for Ṣukūk market position.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47518774","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":"CONSUMER RELATED THEORIES AND THE RIGHT TO INFORMED CHOICE FOR CONSUMER IN NANO FOOD CONSUMPTION","authors":"Muhammad Iqram Zulkupri, Anida Mahmood, Z. A. Zainol, Nor Akhmal Hasmin","doi":"10.32890/uumjls2022.13.1.9","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.1.9","url":null,"abstract":"The use of nanomaterials in food-by-food producers has increased in today’s modern society. Food that contains nanomaterials is known as nano food, which is associated with both benefits and risks. Due to the uncertainty of its risks, it is important to accord consumers with the right to informed choice in the context of nano food consumption. In the absence of this right in the existing food legislation in Malaysia, this paper aims to examine the underlying principles from the perspective of consumer-related theories to provide theoretical justification in reforming the present food legislation. This paper presents how the identified consume-related theories can be applied to explain the need for such rights in Malaysian legislation. Three consumer-related theories, which are the Theory of Planned Behaviour, Consumerism heory, and Postmodernism Theory, are analysed through a doctrinal approach and via theory analysis. Deductive inferences were made to establish the rationale for the need to have the right of informed choice available to consumers in the context of nano food consumption. The examination of the theories evidently shows that the right to informed choice can be exercised through labelling requirements for nano food. This paper contributes significantly to the existing body of knowledge as it highlights the need for the right to informed choice for consumers in nano food consumption, and emphasises the identification of consumer-related theories to support legislative reform so as to include the right. This paper suggests the use of labelling as a way of according the right to informed choice to consumers in nano food consumption.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44313576","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":"FORENSIC EVIDENCE AS A MEAN OF PROOF IN DEVELOPING PRIMA FACIE CASE IN TAKHBIB CRIMINAL OFFENCE","authors":"Muhammad Hazim Ahmad, A. S. Baharuddin, Hasnizam Hashim, Ruqayyah Razak, Nurul Syahirah Saharudin, S. N. Omar","doi":"10.32890/uumjls2022.13.1.10","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.1.10","url":null,"abstract":"A third party’s intervention has been one of the most significant factors in Malaysian divorce cases. Third parties may come from family members and non-family members. This interference is called takhbīb. Within the scope of Malaysian Syariah criminal law, tahkbib is regarded as a criminal offence. However, it is difficult to prove this criminal offence. None of the Syariah law journals reported cases that could be used as reference or case studies. This article proposes a method of proof, which is practical and can be carried out in the Syariah courts to prove the criminal offence of takhbīb. In gathering and compiling the necessary data and related materials, this qualitative study embraced document analysis as a research method. These data are inductively evaluated by implementing qualitative content analysis. This study showed several obstacles in the development of a prima facie prosecution by the Syarie Public Prosecutor, including the absence of eyewitnesses present as evidence. Third-party intrusion is commonly committed through social networks such as WhatsApp, Telegram, WeChat, and Facebook Messenger. The use of such media networks as a medium of contact may also be brought as part of the evidence before the Syariah courts. The best mechanism to be implemented in this case is by using digital forensics and expert opinion. The digital forensic investigator will track or archive the communications from the social media, and deliver them in the form of a written text. In terms of proving the commission of takhbīb criminal offence, this study contributes to the improvement of the Syariah legal system. In short, the law still provides a method of proving criminal offences. Any legal practitioner should make good use of statutory provisions instead of suggesting amendments to it.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44617227","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}