IIUM Law Journal最新文献

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IIUM Law Journal Pub Date : 2023-05-17 DOI: 10.31436/iiumlj.v31i1.845

Prof. Dr. Farid Sufian Shuaib, Assoc. Prof. Dr. Zuraidah Ali

引用次数: 0

CRITIQUE OF THE STRATA MANAGEMENT ACT’S ‘SOCIAL LEGISLATION’ PURPOSE IDENTIFIED IN INNAB SALIL v VERVE SUITES MONT’ KIARA [2020] 12 MLJ 16 (FC) 《地层管理法》的“社会立法”目的评析——以INNAB SALIL v VERVE SUITES MONT’KIARA为例[2020]12 MLJ 16 (FC)

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.786

Jing Zhi Wong

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FIGHTING THE MENACE OF THE SOCIETY: PURSUING THE CORRUPTS 对抗社会威胁:追赃腐败

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.837

Nik Ahmad Kamal Nik Mahmood

{"title":"FIGHTING THE MENACE OF THE SOCIETY: PURSUING THE CORRUPTS","authors":"Nik Ahmad Kamal Nik Mahmood","doi":"10.31436/iiumlj.v31i1.837","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.837","url":null,"abstract":"In 2021, Transparency International ranked Malaysia 62 out of 180 countries in the world, and the perceived level of corruption in the public sector was recorded at 63.30% as compared to 17.06% in the private sector. Historically, the effort to prevent corruption in Malaysia began in 1950 with the introduction of the Prevention of Corruption Ordinance (POCO) 1950 to replace the previous laws of the Federated Malays States (Enactment No. 23 of 1938), the State of Johore (Johore Enactment No. 14 of 1940) and the former Straits Settlements (Straits Settlements Ordinance No. 14 of 1937). Applying doctrinal research and adopting a historical and descriptive approach, the paper seeks to describe the history of the anti-corruption law and agencies created before and after independence focusing on the agencies’ organisational and structural development. There is also a brief discussion on the late Tan Sri Harun Mahmud Hashim who helmed the anti-corruption agency. Since independence, the government had tirelessly carried out efforts to combat corruption with the formation of the Criminal Investigation Department (Special Crime) and the Anti-Corruption Section (ACS) and then consolidated into one body called the Anti-Corruption Agency (ACA) with the passing of the Anti-Corruption Agency Act 1982. In 2008, the government unanimously approved the establishment of the Malaysian Anti-Corruption Commission (MACC) by replacing the ACA Act 1997 with the Malaysia Anti-Corruption Commission Act 2009, which came into effect on 1 January 2009. The MACC became an independent, transparent, and professional body to effectively and efficiently manage the nation’s anti-corruption initiatives","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48751300","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}

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NURTURING SUSTAINABLE COMMUNITIES IN AFFORDABLE HOUSING PROGRAMMES AND POLICY IN MALAYSIA 马来西亚经济适用房项目和政策中的可持续社区培育

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.822

Mahyuddin Daud, Norlaili Mat Isa

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THE LIFE OF TAN SRI HARUN M. HASHIM: A MEMOIR 谭生平回忆录

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.838

Najibah Md Zin, Khadijah Mohd Najid

{"title":"THE LIFE OF TAN SRI HARUN M. HASHIM: A MEMOIR","authors":"Najibah Md Zin, Khadijah Mohd Najid","doi":"10.31436/iiumlj.v31i1.838","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.838","url":null,"abstract":"This article will provide an insight into the colourful journey of Tan Sri Harun Hashim – his life experience, education background, his distinguished career path and achievements as well as contributions made especially to the education sector and the legal profession. It is also an attempt to provide a glimpse of the other side of Tan Sri Harun Hashim, off the limelight – as a father, a grandfather, a mentor and a friend, as he left his footprints firmly etched in the memory of his loved ones. This research employs a qualitative method focusing on in-depth interviews as well as a comprehensive analysis of relevant books, articles, newspaper reports and documentations. In this article, fragments from the colourful journey of Tan Sri Harun Hashim come from stories narrated through interviews with those who were close to him and had personal encounters with Tan Sri while some other information is extracted from his well-known column, “The Benchmark”, appearing in the New Straits Times from 1994 until his demise in 2003. “The Benchmark” provided useful insights into the ideals and aspirations of Tan Sri, and relayed some first-hand information on his life journey and extraordinary experiences. Some information on Tan Sri’s personal life is gathered from exclusive interviews with Tan Sri’s family members themselves, conducted by the authors and Hisham Harun, Tan Sri Harun’s son. This article aims at offering a unique biography of Tan Sri Harun Hashim who was known to be a gem to the nation, especially in the legal and education sectors in Malaysia. It is an effort to highlight and set in stone the legacy left by him so that it becomes a benchmark for the younger generations to follow and emulate.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45794848","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

RECOGNITION AND ENFORCEMENT OF INDONESIAN SHARIA ARBITRATION AWARDS IN FOREIGN COUNTRIES: CHALLENGES AND OPPORTUNITIES 印尼伊斯兰教法仲裁裁决在国外的承认与执行:挑战与机遇

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.827

Abdul Jamil, Farid Sufian Bin Shuaib, Dodik Setiawan Nur Heriyanto

{"title":"RECOGNITION AND ENFORCEMENT OF INDONESIAN SHARIA ARBITRATION AWARDS IN FOREIGN COUNTRIES: CHALLENGES AND OPPORTUNITIES","authors":"Abdul Jamil, Farid Sufian Bin Shuaib, Dodik Setiawan Nur Heriyanto","doi":"10.31436/iiumlj.v31i1.827","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.827","url":null,"abstract":"The Sharia Arbitration Board (Basyarnas) in Indonesia was formed to resolve disputes arising from agreements that are based on Islamic law. The existence of this body is essential in Indonesia, considering that the majority of the Indonesian Moslem community has begun to develop and utilize a Sharia-based economic system. During the current economic globalization, it is possible that foreign elements come into play in economic relationships. Thus, in the event of a dispute, the prevailing party must be able to use a Basyarnas arbitration award for enforcement and execution in the country where the losing party's assets are stored. By using a normative legal research method, this paper examines the efficacy of Basyarnas arbitration awards recognition and enforcement, particularly in countries with common law systems. Under the New York Convention on the Enforcement of Foreign Arbitral Awards, Basyarnas arbitration awards should not only be recognized and enforced in the court of the country of origin but also in jurisdictions where the losing parties’ assets located. This study concludes that Basyarnas arbitration awards should also be recognized and enforced in the countries with common law systems, because Sharia law is contrary to public policy in domestic law in the enforcing state. Hence, Basyarnas arbitration awards can be recognized in other countries if the award does not conflict with public policy in the enforcing state.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45715689","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

OPTIMISING WAQF LAW FOR EFFECTIVE ADMINISTRATION: A COMPARATIVE ANALYSIS OF THE TRUSTEE ACT 1949 AND STATE WAQF ENACTMENTS 优化宗教基金法实现有效管理&1949年《受托人法》与国家宗教基金法的比较分析

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.800

Zati Ilham Abdul Manaf, Khadijah Binti Mohd Najid, Muhammad Amrullah Bin Drs Nasrul, Najhan Bin Muhamad Ibrahim

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BALANCING THE RIGHT OF GIG ECONOMY WORKERS IN THE CONTEXT OF COLLECTIVE BARGAINING 在集体谈判的背景下平衡零工经济工人的权利

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.834

Noor Shuhadawati Mohamad Amin

{"title":"BALANCING THE RIGHT OF GIG ECONOMY WORKERS IN THE CONTEXT OF COLLECTIVE BARGAINING","authors":"Noor Shuhadawati Mohamad Amin","doi":"10.31436/iiumlj.v31i1.834","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.834","url":null,"abstract":"Collective bargaining forms an integral part of a trade union. In Malaysia, workers are protected under the relevant employment legislations that provide basic minimum rights. Although Malaysia’s freedom of association is embodied in the Federal Constitution, the rights of the gig economy workers, more often than not, are neglected. This is evident from the exclusion of this category of workers from the definition stated in the employment legislations. With this exclusion, gig economy workers are denied from establishing and joining a trade union. This subsequently unable them to have collective bargaining powers that resulted in the exploitation of their rights. The method adopted in this study is doctrinal in nature by analysing various employment related legislations and international conventions relating to trade union and collective bargaining and decided cases. It has been revealed that the weak definition of workmen impedes the right of workers in the gig economy to form a trade union. Based on the shortcoming identified, it is understood that the government plays a critical role in helping these workers to overcome barriers through strengthening the available legislations. This study proposed for gig economy workers to utilise other avenues currently available in other countries with the hope that collective agreement, non-binding agreement and application-based society exclusively for gig economy workers that could eventually lead to the forming of a trade union.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43925769","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}

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COVID-19 VACCINE HESITANCY IN MALAYSIA: CHALLENGES WITHIN THE LAW AND WAY FORWARD 马来西亚新冠肺炎疫苗接种不确定性：法律范围内的挑战和前进道路

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.828

Hafidz Hakimi Haron, Nadiah Arsat, Muhammad Ashraf Fauzi

{"title":"COVID-19 VACCINE HESITANCY IN MALAYSIA: CHALLENGES WITHIN THE LAW AND WAY FORWARD","authors":"Hafidz Hakimi Haron, Nadiah Arsat, Muhammad Ashraf Fauzi","doi":"10.31436/iiumlj.v31i1.828","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.828","url":null,"abstract":"For hundreds of years, vaccines have been a critical tool in the prevention of viral diseases. Vaccination programmes have gained prominence as one of the primary strategies for combating the COVID-19 pandemic. Despite this, COVID-19 vaccination programmes have frequently been viewed negatively by many. This is evident by the fact that vaccine hesitancy continues to grow at an unprecedented rate which is much facilitated by the rapid growth of communication and information technology. Despite the fact that vaccines and vaccinations are considered medical products, the difficulties they present are socio-legal in nature. The study examines four major factors that contribute to COVID-19 vaccine hesitancy in Malaysia namely compulsory vaccination and adverse event following vaccination (AEFI), information disclosure, misleading religious beliefs and sentiments, and misinformation and disinformation. It should be noted that, the identification and discussion of the factors mentioned above are vital as the failure of any future vaccination campaigns resulting from vaccine hesitancy would pose a huge threat to achieve the United Nations' Sustainable Goals (UNSDG), especially in respect of good health and sustainable economic growth. Therefore, for the purpose of this research, the paper adopts qualitative research approach to achieve its objectives. The paper recommends that the Malaysian vaccination legal framework be strengthened.\u0000 ","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46359126","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}

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A REVIEW OF THE MALAYSIAN JURISPRUDENCE OF CONSTITUTIONAL INTERPRETATION 马来西亚宪法解释法理学述评

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IIUM Law Journal Pub Date : 2023-05-16 DOI: 10.31436/iiumlj.v31i1.833

F. Mahmud

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