UUM Journal of Legal Studies最新文献

{"title":"THE NEED FOR A LEGAL DEFINITION OF STATELESS CHILDREN IN MALAYSIAN NATIONAL LAW AND POLICY: THE PERSPECTIVE FROM INTERNATIONAL HUMAN RIGHTS LAW","authors":"Kanageswary Sanggitha Selvakumaran, T. F. Hee, Jal Zabdi Mohd Yusoff","doi":"10.32890/uumjls2022.13.1.14","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.1.14","url":null,"abstract":"Millions of people worldwide remain stateless with various breakdowns in many regions (UN, 2018). As of 2019, the United Nations High Commissioner for Refugees (hereinafter UNHCR) estimated a total of 3.9 million stateless people in the world (UNHCR, Malaysia, 2019). According to the United Nations (UN, 2018), approximately 50 percent of the 10 million stateless people of the world are residing in Asia, with at least 1 million of them being Rohingya Muslims from Myanmar. Amongst the member states of the Association of South East Asian Nations (ASEAN), countries like Thailand, Indonesia and Malaysia continuously face challenges pertaining to statelessness and stateless children. They usually come from neighbouring countries like Bangladesh and Myanmar (SUHAKAM, 2018). This article therefore, will examine the challenges of these statelessness and stateless children in Malaysia from a legal perspective; particularly on the definitions, categories of stateless children and the importance for the country to have national laws and policies pertaining to these issues.","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":"41837028","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 FRAMEWORK FOR MONITORING ONLINE STORES","authors":"Derar Al-Daboubi, Jalal Alqhaiwi","doi":"10.32890/uumjls2022.13.1.8","DOIUrl":"https://doi.org/10.32890/uumjls2022.13.1.8","url":null,"abstract":"This study has been an attempt to find a legal and regulatory framework to monitor online stores under Jordanian legislation. The need for such a framework has become even more urgent, especially after the COVID-19 pandemic that has adversely affected traditional trade, and contributed to the increase in commercial transactions concluded via the internet. Therefore, it is necessary to understand the essence of the online store and the extent to which owners of such online stores can be subjected to the same obligations of the traditional merchant. This is to enable the relevant authorities to regulate the activities of the online store and these regulations will have to be consistent with the provisions of the country’s legal framework. The present study has also identified the key challenges encountered by online stores when carrying out their activities. In conclusion, the study has proposed some suggestions which were based on existing legislations regulating electronic commercial transactions. These suggestions were aimed at harmonizing the legislations of developing countries with the existing international legal rules regulating online stores.","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":"43655269","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 MALAYSIAN PERSPECTIVE ON IMPOSING CIVIL LIABILITIES IN ROAD ACCIDENTS INVOLVING AUTONOMOUS VEHICLE","authors":"Azrol Abdullah, N. Manap","doi":"10.32890/UUMJLS2021.12.2.9","DOIUrl":"https://doi.org/10.32890/UUMJLS2021.12.2.9","url":null,"abstract":"The advancement of artificial intelligence (AI) technology has become the fundamental catalyst in the research and development of autonomous vehicle (AV). AVs equipped with AI are expected to perform better than humans and forecasted to reduce the number of road accidents. AV will improve humans’ quality of life, such as creating more mobility for the elderly and disabled, increasing productivity, and creating an environmentally friendly system. Despite AV’s promising abilities, reports indicate that AV can go phut, causing road fatalities to the AV user and other road users. The autonomous nature of AV exacerbates the difficulty in determining who is at fault. This article aims to examine the ability of the existing legal framework to identify the person at fault so as to determine the tortious liability in road accidents involving AV. This article demonstrated that the existing legal scheme is insufficient to determine tortious liability in road accidents involving AV. This article explored the possibility of shouldering the liability on the manufacturer, the user, and even on the AV itself. This article also investigated alternative approaches that could be adopted to resolve issues on the distribution of tortious liability in road accidents involving AV. The outcome of this article could contribute to issues relating to the liability of AI.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46358131","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":"PERCEIVED EFFECTIVENESS OF PUNISHMENTS FOR FOREST OFFENCES","authors":"R. Kadir, Muhammad Nur Haniff Mohd Noor, S. Muhamad","doi":"10.32890/UUMJLS2021.12.2.3","DOIUrl":"https://doi.org/10.32890/UUMJLS2021.12.2.3","url":null,"abstract":"The purpose of this paper is to determine if the law currently in force is ineffective and thus contributes to the occurrence of forest offences. The paper analyses the punishments under the National Forestry Act 1984 based on the perceptions of related stakeholders on the effectiveness of those punishments in addressing illegal logging and other forest offences. A questionnaire was utilized to obtain responses from 240 purposively selected stakeholders. The collected data were analysed in the context of measures of central tendency to identify the extent to which the respondents agreed with the stated items. The results demonstrate that the law was generally perceived to be acceptable. The findings also identified compensation payment based on the value of tree or wood as the most significant item, while longer imprisonment term was rated as the least significant item.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48184696","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":"KRITERIA PEMILIHAN SAKSI PAKAR FORENSIK DI MAHKAMA","authors":"N. Ismail, Abd Basir Mohamad, Ummi Rose Azra Mohamad Tajuddin","doi":"10.32890/UUMJLS2021.12.2.14","DOIUrl":"https://doi.org/10.32890/UUMJLS2021.12.2.14","url":null,"abstract":"Peruntukan berkaitan keterangan saksi pakar forensik telah lama digunakan di mahkamah berdasarkan peruntukan keterangan pakar. Walau bagaimanapun, terdapat pertikaian dari sudut kriteria penerimaan keterangan saksi pakar forensik. Oleh itu, timbul persoalan berkaitan kriteria pemilihan saksi pakar forensik yang boleh dipanggil untuk memberikan keterangan di mahkamah. Objektif kajian ini adalah untuk mengenalpasti kriteria pemilihan saksi pakar forensik di mahkamah. Reka bentuk kajian ini adalah kajian kualitatif yang mengumpulkan bahan kajian lepas dan temu bual separa berstruktur. Data kajian dianalisis menggunakan kaedah tematik dan deskriptif. Hasil kajian mendapati bahawa tiada penetapan kriteria khusus dalam pemilihan saksi pakar forensik untuk memberikan keterangan di mahkamah. Namun, terdapat beberapa cadangan kriteria yang perlu ada sebelum seseorang pakar forensik diterima sebagai saksi pakar di mahkamah. Kajian ini memberikan implikasi kepada pengamal undang-undang dalam memilih saksi pakar yang boleh dipanggil ke mahkamah dan kepada pakar forensik yang akan memberikan keterangan di mahkamah.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46418614","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":"EVALUATING MAXIMUM COMPENSATION CRITERIA FOR PROPERTY DEVELOPERS ACCORDING TO THE INTERIM REAL PROPERTY REGISTER IN DUBAI","authors":"Ali Hadi Alobaidi","doi":"10.32890/UUMJLS2021.12.2.2","DOIUrl":"https://doi.org/10.32890/UUMJLS2021.12.2.2","url":null,"abstract":"This paper presents an assessment of the criteria for setting the maximum amount of compensation given to a property developer when a buyer breaches their contractual obligations according to the law of the Interim Real Property Register in the Emirate of Dubai. The register gives the developer the power to deduct a certain percentage of the amount paid to them by the buyer, without the need to resort to justice or arbitration. Such a power is one of certain exceptional powers granted to the developer under this law to encourage property investment in Dubai. This research aims to define the type of compensation that the property developer deserves, as well as present the criteria for the maximum amount of compensation and an evaluation of them. This was achieved by analyzing Article 11 of the mentioned law for accuracy and fairness on this issue, and its success in balancing the conflicting interests of both parties. One key result found was that the legislator had not succeeded in balancing the two parties of the off-plan sale. It is strongly recommended that the legislator abolish the three criteria on the maximum amount of compensation and adopt alternative criteria.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44945994","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":"AN OVERVIEW OF HIGH IMPACT LAW JOURNALS IN ASIAN","authors":"Asmah Laili Yeon","doi":"10.32890/UUMJLS2021.12.2.11","DOIUrl":"https://doi.org/10.32890/UUMJLS2021.12.2.11","url":null,"abstract":"Academic research journals play a significant role in the field of academia. Its major functions in producing, disseminating and exchanging academic knowledge are important to showcase the research performance of individuals. Publication of academic papers has been considered as a criteria for appointments, hiring, promotions and tenure decisions, worldwide. The current requirement to consider publishing in high quality journals is in its indication of the quality of a person’s research output. It is measured through the quality of the academic research publications, the number of citations of specific papers and the total number of citations. Accordingly, it is important to examine the issues regarding high impact publication of Scopus law journals in Asian countries. This is to enable all new SCOPUS law journals to study and practice good governance in publishing quality articles and for the board of editors to enhance the quality of journal management. The objectives of this paper are: (i) to examine the profiles of law journals in Asian countries indexed by Scopus and Web of Science (WoS); (ii) to examine citations and impact factors of law journals in Asian countries indexed by Scopus and WoS; and (iii) to study the ranking of Scopus law journals in Asian countries. This was an exploratory research and thus qualitative research method was adopted. An oline survey and an interview(s) were conducted by the researcher to gather data. The chief editor and managing editors of the Scopus law journals were the respondents via the online survey and an interview was conducted with the expert in managing high impact publications i.e. the Director of Citation and Infometrics Division, Ministry of Education, Malaysia. Besides, secondary data was gathered from Scopus and WoS. In brief, the challenges in managing high impact journals are securing and maintaining high quality articles published by the journals. There must be periodic review of standard operating procedures by the board of editors in order to maintain an effective and efficient reviewing process, together with engaging staff with excellent proofreading skills. Additionally, the publisher must continuously upgrade the online publication system and maintain a friendly website for authors, subscribers and readers. Ethical practices and a focus on high quality and standard of article publication must be upheld by writers, editors, publishers including the indexing body.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42559907","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":"EMBRACING THE ISLAMIC PRINCIPLES OF SOCIAL JUSTICE IN THE MALAYSIAN TRADE UNION MOVEMENT","authors":"Siti Suraya Abd Razak, N. Mahmod","doi":"10.32890/UUMJLS2021.12.2.1","DOIUrl":"https://doi.org/10.32890/UUMJLS2021.12.2.1","url":null,"abstract":"The notion of social justice in Islam requires fairness in allocating and distributing goods to all members and groups in society. In the context of employment, an employer is required to treat all workers equally and pay their dues suitable with their skills and capabilities. A trade union is an important component under the tripartite system of industrial relations that is imperative in representing workers to demand or improve their working conditions. Although there is legal recognition accorded to trade unions in Malaysia, various state-imposed restrictions have curtailed trade union actions in representing workers for better and equal treatment at the workplace. This paper examined whether the current trade union legal framework in Malaysia is in concord with the Islamic principles of social justice. The objectives of this research are two-fold: first, to examine the principles of social justice in Islam and second, to integrate Islamic principles of social justice into the Malaysian trade union legal framework. In order to fulfil the objectives of this study, it employed the literature research method and referred to Islamic texts (the Quran and hadith). The study has revealed that the restrictive legal system of trade unions in Malaysia contradicts the concept of social justice as embodied in Islamic principles. Therefore, there should be amendments to the legal framework of trade unions in Malaysia to guarantee the exercise of full rights of trade unions in the state and ensure consistency with shariah.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42310115","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":"COMPULSORY VACCINATION FOR CHILDREN: VIOLATION OF HUMAN RIGHTS?","authors":"Siti Fazilah Abdul Shukor, N. Khan, Farahdilah Ghazali","doi":"10.32890/UUMJLS2021.12.2.6","DOIUrl":"https://doi.org/10.32890/UUMJLS2021.12.2.6","url":null,"abstract":"Immunisation protection includes vaccination programme that is very crucial to prevent the spread of disease among children or those with low immune systems. However, the cases of contagious diseases such as measles have increased dramatically in many countries around the world, including Malaysia. This may be partly due to the rise of certain groups or movements that do not believe in the efficacy of the vaccines. This paper outlined the scenario and existing framework on the administration of the vaccines in Malaysia, with respect to the practices of some countries namely the United State, Italy and Singapore on the implementation of the immunisation programme to its community. Subsequently, this paper highlighted the issues on compulsory vaccination on whether it violated the fundamental liberties incorporated in the Federal Constitution. The researchers adopted a doctrinal approach, whereby materials were compiled from the Malaysian and other jurisdictions’ legislations, case laws, journal articles, and databases. This paper is intended for policymakers as well as the public to understand the possibility for implementing compulsory vaccinations from a legal perspective.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47477505","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 APPLICATION OF PUBLIC BENEFIT REQUIREMENT OF CHARITABLE TRUST IN WAQF COURT JUDGMENT: A REVIEW","authors":"Nur Yuhanis Ismon, Z. Ali, Mohsin Hingun","doi":"10.32890/UUMJLS2021.12.2.7","DOIUrl":"https://doi.org/10.32890/UUMJLS2021.12.2.7","url":null,"abstract":"Waqf is a form of voluntary charity and its purposes are recognised by Islamic law as religious, pious or charitable. Charitable trust is a public trust where the settlor may aim to create certain purposes. Both waqf and charitable trust share the same objective, which is for the benefit of the community at large. The objective of this article is to reveal how the requirements of “public benefit” in charitable trust are applicable to waqf cases. In determining the validity of a charitable trust, the requirement of public benefit is essential, particularly under the last three charitable purposes, namely advancement of education, advancement of religion, and other purposes beneficial to the community. Besides, the personal nexus test is applied in the case of charitable trust to ensure no personal linkage between the founder and the beneficiaries. These two elements are necessary to establish a valid charitable trust. The English court will first filter out such a case to ensure that there is no infringement of other people’s rights and exploitation of the charitable trust’s privilege. Public benefit requirement and personal test are also applicable in cases relating to waqf cases. In waqf, the Islamic law prescribes two categories, which are “Waqf Khairi” (Public waqf) and “Waqf Ahli” (Family waqf). However, family waqf is treated as “non-charitable under the influence of English law of trust” because it infringes the rule against perpetuities. The methodology used in this article is doctrinal legal research focusing on the legal principle as well as the cases of public benefit requirement, the personal nexus test, and the rule against perpetuities in charitable trust and waqf. This article found that the requirement of public benefit is applicable in public waqf, but not for family waqf. Despite that, family waqf should be maintained as it is a great channel for wealth distribution and succession planning.","PeriodicalId":37075,"journal":{"name":"UUM Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69435899","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}