UUM Journal of Legal Studies
type: channel
description: The UUM Journal of Legal Studies (UUM JLS) was founded in 2010. It is a refereed annual law journal published by the Universiti Utara Malaysia Press. It is a peer-reviewed Journal, providing up-to-date, academic, authoritative and critical analysis of current legal issues in Malaysia and across the globe. The Journal accepts and publishes comparative, jurisprudential, international, and interdisciplinary materials relevant to law. Submissions to the Journal are selected for publication on the basis of a double blind peer-review mechanism conducted through an internal and external Article review Board consisting of academics and experts in the field.
publisher: UUM Press
language: en
publication name: UUM Journal of Legal Studies
issn: 2229-984X
items: LABOUR RIGHTS PROTECTION FOR PLATFORM WORKERS: LESSONS FOR MALAYSIA
items: EMPOWERING PAWANG UTEUN (LOCAL FOREST HANDLERS) AS CUSTOMARY INSTITUTIONS TO COMBAT ILLEGAL LOGGING IN NORTH ACEH DISTRICT
items: AMALAN UNDANG-UNDANG KETERANGAN DI MAHKAMAH SYARIAH SARAWAK: ANALISIS KES-KES FASAKH (2018-2023) (The Practice of Evidence Laws in Sarawak Syariah Court: Analysis of Fasakh Cases (2018-2023))
items: COUNTERVAILING DUTIES ON INDONESIAN BIODIESEL: WTO DISPUTE RESOLUTION AND THE USE OF ARBITRATION UNDER DSU ARTICLE 25
items: MEANINGFUL REFORM OR REARRANGING DECKCHAIRS ON THE TITANIC? REGULATING THE PRINCIPLE OF GOOD FAITH IN INVESTOR-STATE ARBITRATION: MEANINGFUL REFORM OR REARRANGING DECKCHAIRS ON THE TITANIC?
items: MINIMUM WAGE POLICY IN MALAYSIA AND LEGAL CHALLENGES IN THE HOTEL INDUSTRY
items: AN APPRAISAL OF YEMEN’S ADHERENCE TO THE TRIPS AGREEMENT STANDARDS ON CIVIL AND CRIMINAL ENFORCEMENT MECHANISMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT
items: LEGAL FRAMEWORKS AND ENFORCEMENT STRATEGIES FOR REDUCING NON-REVENUE WATER IN MALAYSIA AND INSIGHTS FROM SINGAPORE’S REGULATORY PRACTICES
items: LEGAL CERTAINTY IN PROVING VERBAL SEXUAL HARASSMENT CASES: A JURIDICAL ANALYSIS OF CRIMINAL JUSTICE SYSTEM IN INDONESIA
items: THE CONSTRUCTION OF THE LEX SPORTIVA PRINCIPLE IN INDONESIA’S SPORTS LAW: IMPLICATIONS AND FUTURE ARRANGEMENTS
items: RISING FOOD POISONING INCIDENTS IN MALAYSIA: PROPOSING STRICTER LEGAL MEASURES AGAINST FOOD TRADERS
items: ESTABLISHING THE LINK BETWEEN LAW, CULTURE AND INFRASTRUCTURE FOR PANDEMIC WASTE MANAGEMENT
items: ACCREDITATION POLICY ON SOCIAL ENTERPRISES IN MALAYSIA: THE PAST, PRESENT, AND FUTURE
items: USER ACCEPTANCE OF TERMS & CONDITIONS AND PRIVACY POLICY: A LEGAL ANALYSIS OF THE POSITION OF FOOD DELIVERY MOBILE APPS IN THE MALAYSIAN CONTEXT
items: THE CHALLENGES OF HUMAN RIGHTS IN THE ERA OF ARTIFICIAL INTELLIGENCE
items: HAK WARIS PEMBELI ATAS TANAH LOT LIDI: ANALISIS DARIPADA PERUNDANGAN ISLAM (Inheritance Rights of Purchasers over Lot Lidi Land: An Analysis from the Perspective of Islamic Law)
items: ADDRESSING LEGAL GAPS IN REGULATING TRADING IN INFLUENCE IN INDONESIAN TRADE SECTOR: COMPARATIVE LESSONS FROM FRANCE AND THE UNITED KINGDOM
items: https://e-journal.uum.edu.my/index.php/uumjls/en/article/view/23141
items: EXPLORING MISCLASSIFICATION STATUS OF PLATFORM WORKERS IN MALAYSIA FOR ENHANCED EMPLOYMENT PROTECTIONS
items: FOETAL ANOMALY: THE RIGHT TO ABORT AND THE POSSIBILITY OF A WRONGFUL BIRTH CLAIM IN MALAYSIA
items: ESTABLISHING EQUALITY IN THE CORE-PLASMA PARTNERSHIP IN PALM OIL BUSINESS: THE ROLE OF THE INDONESIA COMPETITION COMMISSION
items: ASSESSING THE STANDARD OF CARE OF DOCTORS IN EMERGENCY DEPARTMENTS
items: ACCRUAL OF CAUSE OF ACTION FOR THE OPERATION OF LIMITATION PERIOD IN EMPLOYMENT MATTERS IN NIGERIA: DR. FABUNMI V. UNIVERSITY OF IBADAN & ANOR: LESSONS FROM GHANA AND UGANDA
items: DATA PROTECTION CHALLENGES IN SMART CITIES: AN EXAMINATION OF THE MALAYSIAN LEGAL FRAMEWORK
items: AMBIGUITY IN THE PROFIT-SHARING SYSTEM OF MUDHARABAH COOPERATION FROM THE PERSPECTIVE OF FIQH MUAMALAH
items: SAFEGUARDING PERSONAL DATA IN THE PUBLIC SECTOR: UNVEILING THE IMPACT OF THE NEW PERSONAL DATA PROTECTION ACT IN INDONESIA
items: EMPIRICAL STUDY OF LAND ACQUISITION IN PENINSULAR MALAYSIA: ACHIEVING EQUILIBRIUM ON COMPETING PUBLIC AND PRIVATE INTERESTS
items: ALTERNATIVE APPROACHES IN HANDLING CHILD OFFENDERS: A CASE STUDY OF COMMUNITY-BASED DIVERSION PROGRAMMES IN MALAYSIA
items: THE TRANSFORMATIVE USE OF USER-GENERATED CONTENT: DISCOVERING THE FINE LINE BETWEEN PERMITTED USE AND COPYRIGHT INFRINGEMENT FROM A MALAYSIAN PERSPECTIVE
items: CONCEPTUAL, LEGAL, AND ETHICAL CONSIDERATIONS IN PHYSICIAN-ASSISTED SUICIDE: AN OVERVIEW

LABOUR RIGHTS PROTECTION FOR PLATFORM WORKERS: LESSONS FOR MALAYSIA
type: item
description: Digital labour platforms have emerged as a solution to unemployment issues around the world over the past decade. The flexibility and independence offered on digital labour platforms have attracted workers to perform gig work on digital platforms. Issues such as unfair payment systems and unjust terminations of contracts by platform providers have affected the sustainability of digital labour platforms in Malaysia. This study aims to achieve two research objectives. The first is to examine the labour rights issues surrounding platform workers. Canada has taken immediate steps to enact a statute and has amended its existing legislation to ensure its platform workers are protected. Therefore, the second objective of this study is to analyse how Canada provides labour protection for the country’s platform workers. The objectives of this study are achieved through adopting a qualitative method by way of content analysis of journal articles and relevant government statutes. Semi-structured interviews with relevant ministries and government agencies were conducted, and the results were analysed. A comparative analysis method was used to compare the legislative frameworks in Malaysia and Canada. It is suggested that Malaysian policymakers should refer to the Digital Platform Workers’ Rights Act 2022 (DPWRA) and the Employment Standards Act 2000 (ESA) in formulating protection for platform workers. This study underlines the urgent need for integrated policy reforms to ensure fair and sustainable digital labour practices in Malaysia.
subject: Articles
  topic: section
subject: Digital economy
  topic: keywords
subject: digital labour platform
  topic: keywords
subject: employment rights
  topic: keywords
subject: flexibility
  topic: keywords
subject: gig work
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Siti Suraya Abd Razak
creator: Harlida Abdul Wahab
creator: Amira Farain
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 148
ending page: 163
doi: 10.32890/uumjls2026.17.1.9

EMPOWERING PAWANG UTEUN (LOCAL FOREST HANDLERS) AS CUSTOMARY INSTITUTIONS TO COMBAT ILLEGAL LOGGING IN NORTH ACEH DISTRICT
type: item
description: Illegal logging remains widespread in the protected, conservation, and production forests of North Aceh District, despite the government’s reliance on repressive enforcement measures. This persistence stems from limited personnel and the vast forest coverage, which undermine effective law enforcement. To address this issue, this qualitative study adopts an empirical legal approach to explore how empowering local forest custodians (pawang uteun) can enhance the prevention and prosecution of illegal logging. Primary data were collected through interviews and secondary data were gathered from literature and documentation. The findings reveal that while pawang uteun are recognized under Law No. 44/1999 on the Implementation of Aceh's Privileges, Law No. 11/2006 on the Government of Aceh, and Aceh Qanun No. 10/2008 on Customary Institutions, these provisions do not grant them sufficient authority to participate in law enforcement. This study recommends that the Aceh government promptly revise local regulations to formally integrate customary institutions, such as pawang uteun, into forest protection efforts. This study contributes to forest governance by proposing the Pawang Uteun Empowerment Model, which strengthens community-based participation in combating illegal logging in North Aceh.
subject: Articles
  topic: section
subject: Empowerment
  topic: keywords
subject: customary law
  topic: keywords
subject: pawang uteun
  topic: keywords
subject: illegal logging
  topic: keywords
subject: North Aceh District
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Muhammad Hatta
creator: Joelman Subaidi
creator: Teuku Yudi Afrizal
creator: Arhan Fachrezi Ramadhan
creator: Nisa Novtika
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 61
ending page: 77
doi: 10.32890/uumjls2026.17.1.4

AMALAN UNDANG-UNDANG KETERANGAN DI MAHKAMAH SYARIAH SARAWAK: ANALISIS KES-KES FASAKH (2018-2023) (The Practice of Evidence Laws in Sarawak Syariah Court: Analysis of Fasakh Cases (2018-2023))
type: item
description: Artikel ini mengkaji amalan undang-undang keterangan di Mahkamah Syariah Sarawak dengan memberi tumpuan kepada analisis kes-kes fasakh dari tahun 2018 hingga 2023. Kajian ini menilai peranan hakim syariah dalam menangani isu-isu utama seperti penentuan fakta, beban pembuktian dan darjah pembuktian. Dengan menggunakan pendekatan kualitatif, kajian ini menjalankan analisis kajian kes secara mendalam terhadap penghakiman fasakh terpilih di Mahkamah Syariah Sarawak. Dapatan kajian menunjukkan bahawa walaupun penerapan undang-undang keterangan dalam kes-kes fasakh secara umumnya selaras dengan keperluan prosedur, terdapat beberapa aspek yang boleh dipertingkatkan bagi meningkatkan kecekapan dan keadilan dalam prosiding mahkamah. Isu seperti pengenalpastian fakta yang tepat dan penentuan merit undang-undang dikenal pasti sebagai aspek kritikal yang memerlukan perhatian lanjut. Selain itu, kajian ini menekankan keperluan pematuhan yang lebih baik terhadap Ordinan Keterangan Syariah 2001 serta penerapan prinsip beban dan standard pembuktian secara konsisten. Kajian ini merumuskan dengan cadangan untuk menambah baik amalan kehakiman, termasuk latihan yang dipertingkatkan untuk hakim syariah dan pendekatan yang lebih tersusun dalam pendidikan undang-undang berkaitan undang-undang keterangan. Artikel ini menyumbang kepada pemahaman yang lebih luas terhadap amalan perundangan di mahkamah syariah serta menawarkan pandangan dalam memperhalusi proses kehakiman yang terlibat dalam kes-kes fasakh. ABSTRACT This article examines the practice of evidence law in Sarawak Syariah Courts, focusing on the analysis of fasakh cases from 2018 to 2023. This study evaluates the role of Syariah judges in handling key issues such as fact determination, the burden of proof, and the standard of proof. By utilising a qualitative approach, this research conducted an in-depth case study analysis of selected fasakh judgments in Sarawak’s Syariah Courts. The findings reveal that while the application of…
subject: Articles
  topic: section
subject: Mahkamah Syariah
  topic: keywords
subject: kes fasakh
  topic: keywords
subject: undang-undang keterangan
  topic: keywords
subject: beban pembuktian
  topic: keywords
subject: darjah pembuktian
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Ilham Mustapa
creator: Hadenan Towpek
creator: Rafeah Saidon
creator: Mohd Syahiran Abdul Latif
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 164
ending page: 151
doi: 10.32890/uumjls2026.17.1.10

COUNTERVAILING DUTIES ON INDONESIAN BIODIESEL: WTO DISPUTE RESOLUTION AND THE USE OF ARBITRATION UNDER DSU ARTICLE 25
type: item
description: This research aims to analyse the legal dispute between Indonesia and the European Union (EU) concerning countervailing duties on biodiesel imports. Employing a normative qualitative legal research method, the study relies on both primary data, such as WTO legal instruments, panel reports, and dispute settlement documents, and secondary sources, including academic journals, policy papers, and relevant news reports. A case study approach was used to critically assess the role of the World Trade Organization (WTO) in resolving the dispute and the potential of arbitration as an alternative mechanism. The findings indicated that arbitral considerations largely favour Indonesia, affirming that the EU’s measures are inconsistent with WTO rules. Practically, the research suggests arbitration as a future-oriented instrument for trade dispute settlement, while highlighting its limitations in implementation and relevance for policymakers and legal practitioners. Academically, this study contributes by offering a critical perspective on how WTO law interacts with state sovereignty and provides insight into the underexplored role of arbitration in international trade disputes, thereby addressing gaps in existing literature. The research argues that arbitration provides a fair mechanism for dispute resolution. However, if arbitration cannot be achieved, parties may resort to litigation before national courts, or, where jurisdiction has been previously recognised, seek recourse to an international court. Without mutual consent or an established jurisdictional basis, submission to an international court would not be possible.
subject: Articles
  topic: section
subject: Biodiesel
  topic: keywords
subject: countervailing duties
  topic: keywords
subject: dispute settlement mechanism
  topic: keywords
subject: trade dispute
  topic: keywords
subject: WTO
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Yordan Gunawan
creator: M. Fabian Akbar
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 94
ending page: 111
doi: 10.32890/uumjls2026.17.1.6

MEANINGFUL REFORM OR REARRANGING DECKCHAIRS ON THE TITANIC? REGULATING THE PRINCIPLE OF GOOD FAITH IN INVESTOR-STATE ARBITRATION: MEANINGFUL REFORM OR REARRANGING DECKCHAIRS ON THE TITANIC?
type: item
description: In investor-state arbitration—the principal mechanism enabling foreign investors to bring claims against host-states—the principle of good faith functions as an omnipresent force, intricately woven into the fabric of its proceedings. Its influence permeates every aspect of the field: where the sovereignty of host-states and the conduct of foreign investors are examined, tribunals frequently invoke the principle to construe parties’ obligations, with findings of good or bad faith often determining the outcomes of disputes. Despite its integral role, the principle remains susceptible to inconsistent interpretation and uncertain application, reinforcing stakeholders’ concerns regarding the urgent need for reform. This article examines the necessity of regulating the application of the principle of good faith in investor-state arbitration and explores potential reforms toward that end. Employing a doctrinal methodology, it draws upon arbitral decisions, UNCITRAL discussions, and relevant literature. The findings reveal that the urgency of regulation is most apparent in contexts involving corruption, treaty shopping, the fair and equitable treatment standard, and the allocation of costs. To address these issues, the article proposes both principle-based reforms—such as adopting a coherent definition of good faith and incorporating it explicitly into bilateral investment treaties (BITs)—and structural reforms, including the adoption of a doctrine of precedent, the establishment of an appellate mechanism, a ban on double-hatting, and the introduction of clear rules on cost allocation. Ultimately, regulating the principle of good faith is vital to ensuring greater predictability, coherence, and legitimacy within the investor-state arbitration system.
subject: Articles
  topic: section
subject: Investor-state arbitration
  topic: keywords
subject: principle of good faith
  topic: keywords
subject: United Nations Commission on International Trade Law
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Yu Jian Woon
creator: Nurhidayah Abdullah
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 1
ending page: 19
doi: 10.32890/uumjls2026.17.1.1

MINIMUM WAGE POLICY IN MALAYSIA AND LEGAL CHALLENGES IN THE HOTEL INDUSTRY
type: item
description: The Minimum Wage Order, introduced by the Malaysian government, aims to protect employees’ welfare and well-being by ensuring that wages are sufficient to meet the cost of living. This article evaluates the purpose of the latest minimum wage in Malaysia, particularly its role in helping employees cope with current living costs, while also examining the impacts of its implementation on both employers and employees in the hotel industry. Legal challenges surrounding the determination of basic wages in this sector are analysed through court rulings and legal precedents, with a critical analysis drawing on relevant literature, legislation, and case law. Our findings reveal that disputes in the hotel industry often arise over whether service charges should be treated as part of the basic wage, an issue that has repeatedly led to legal challenges and court interventions. In the Crystal Crown Hotel case, the Federal Court affirmed that service charges should not be counted as part of the basic wage, with the practical implication that hotel employees are entitled to a basic salary—protected under the minimum wage framework—in addition to service charges. By situating the minimum wage debate within case law and legal precedents, this article provides practical insights for policymakers, industry stakeholders, and legal practitioners, while offering original perspectives on strengthening wage protection and reducing conflicts in Malaysia’s labour market.
subject: Articles
  topic: section
subject: Minimum wage order
  topic: keywords
subject: wage protection
  topic: keywords
subject: hotel industry
  topic: keywords
subject: service charges
  topic: keywords
subject: Malaysia labour law
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Sia Ang Qi
creator: Kamal Halili Hassan
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 78
ending page: 93
doi: 10.32890/uumjls2026.17.1.5

AN APPRAISAL OF YEMEN’S ADHERENCE TO THE TRIPS AGREEMENT STANDARDS ON CIVIL AND CRIMINAL ENFORCEMENT MECHANISMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT
type: item
description: The role of enforcement is crucial for the protection of intellectual property rights (IPRs), as it provides the rights holders with access to legal tools and remedies essential for safeguarding their intellectual creations. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) establishes a comprehensive framework for the enforcement of IPRs, covering both procedural and substantive elements that member states are obligated to implement within their domestic laws. These provisions are designed to enable effective and timely actions against IPRs infringements. As a member of the World Trade Organization (WTO), Yemen is obligated to harmonise its national intellectual property (IP) legislation with the enforcement provisions specified in Part III of the TRIPS Agreement. This article analyses the existing IPRs enforcement mechanisms in Yemen, with particular emphasis on both civil and criminal procedures. Utilising the TRIPS Agreement as a framework, this article examines the extent to which the enforcement mechanisms and remedies provided under Yemeni law align with the requirements set forth by the TRIPS Agreement. By adopting a doctrinal legal method, the required data for this article is gathered from the relevant statutes, case law, the official website of Yemeni government agencies, law books, and journal articles. Utilising the TRIPS Agreement as a framework, this article examines the extent to which the enforcement mechanisms and remedies provided under Yemeni law align with the TRIPS requirements. The findings indicate that the civil and administrative procedures and remedies in Yemen's IP laws are largely consistent with the stipulations of the TRIPS Agreement. Nevertheless, there remains scope for enhancement, especially with regard to the evidentiary provisions. In terms of criminal enforcement, both the Trademarks Act 2010 and the Copyright Act 2012 criminalise deliberate acts of trademark counterfeiting and copyright pi…
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Sali Ahmed Abdullah
creator: Khadijah Mohamed
creator: Ahmad Shamsul Abd Aziz
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 102
ending page: 120
doi: 10.32890/uumjls2025.16.2.7

LEGAL FRAMEWORKS AND ENFORCEMENT STRATEGIES FOR REDUCING NON-REVENUE WATER IN MALAYSIA AND INSIGHTS FROM SINGAPORE’S REGULATORY PRACTICES
type: item
description: Non-Revenue Water (NRW) poses a significant challenge to water utilities worldwide, particularly in developing countries where infrastructure and regulatory systems are often inadequate. Malaysia continues to face high levels of NRW compared to its regional neighbours. This paper examines the effectiveness of Malaysia's legal frameworks and enforcement strategies in addressing NRW, focusing on the Water Services Industry Act 2006 (WSIA 2006) and related regulations. Through a detailed legal analysis, the study evaluates the strengths and weaknesses of Malaysia’s current regulatory environment and enforcement mechanisms. It also compares these strategies with Singapore’s highly successful regulatory practices to provide insights into how Malaysia can improve its NRW management. The findings indicate that while Malaysia has established a comprehensive legal framework for NRW reduction, inconsistent implementation and limited enforcement capacity significantly undermine its effectiveness. Drawing on Singapore’s proactive approach, this paper recommends strengthening regulatory oversight, improving financial and technical support for water operators, and leveraging advanced technologies to enhance NRW management. These measures are essential to achieving sustainable water management and ensuring the financial viability of Malaysia’s water utilities.
subject: Articles
  topic: section
subject: Non-revenue water
  topic: keywords
subject: water services
  topic: keywords
subject: water regulation
  topic: keywords
subject: legal framework
  topic: keywords
subject: Malaysia
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Muhammad Nazrul Abd Rani
creator: Cecilia Tortajada
creator: Raffidi Abdullah
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 36
ending page: 60
doi: 10.32890/uumjls2026.17.1.3

LEGAL CERTAINTY IN PROVING VERBAL SEXUAL HARASSMENT CASES: A JURIDICAL ANALYSIS OF CRIMINAL JUSTICE SYSTEM IN INDONESIA
type: item
description: This study explored the importance of legal certainty in addressing verbal sexual harassment and evaluating material and formal evidence of legal framework in Indonesia. The analysis also showed the need for clear and explicit laws, efficient enforcement, as well as appropriate penalties to ensure a safe and respectful environment while upholding individual rights or dignity. Focusing on the legal challenges of proving verbal sexual harassment, this socio-legal study used statutory, legal concepts, and comparative analysis to examine international as well as national laws on sexual harassment. The analysis signified the necessity of protecting fundamental rights such as freedom from discrimination and sexual harassment while addressing evidentiary challenges as well as advocating for clear legal guidelines. By analysing laws from Indonesia, India, and New Zealand, the study showed the role of technology and written records in strengthening legal certainty in verbal sexual abuse cases. Finally, the findings aimed to improve legal understanding or provide practical solutions that benefit both victims and authorities in Indonesia.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Dewa Krisna Prasada
creator: Kadek Ray Sulyantha
creator: I Made Wirya Darma
creator: Komang Satria Wibawa Putra
creator: Ni Putu Sawitri
creator: Bagus Gede Ari Rama
creator: Kadek Julia Mahadewi
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 36
ending page: 57
doi: 10.32890/uumjls2025.16.2.3

THE CONSTRUCTION OF THE LEX SPORTIVA PRINCIPLE IN INDONESIA’S SPORTS LAW: IMPLICATIONS AND FUTURE ARRANGEMENTS
type: item
description: Lex sportiva is a fundamental legal principle in sports law that emphasises autonomy in regulating and enforcing law in sports. The sports law in Indonesia has not yet accommodated the aspect of lex sportiva, failing to guarantee legal certainty and affecting the suboptimal regulation and enforcement of law in sports. This research aims to analyse the position of lex sportiva in sports law and the state's authority in sports, as well as the implications and future regulation for strengthening this principle. This is doctrinal legal research employing conceptual and statutory approaches. The findings of this research indicate that the position of the lex sportiva principle in sports law is associated with the state's authority in the field of sports, which potentially causes conflicts between laws made by a sport and by the state in organising sports. The practical implication is that implementing the lex sportiva principle in sports law may lead to legal uncertainty due to too much state intervention in sports-related arrangements in Indonesia. This research is expected to contribute to future regulatory efforts related to the affirmation of the principle in this context. Moreover, strengthening the lex sportiva principle in Sports Law and the Indonesian sports legal system can be done by revising the Sports Law and providing interpretation by the Constitutional Court, which involves the judicial review process.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Dicky Eko Prasetio
creator: Muh. Ali Masnun
creator: Fradhana Putra Disantara
creator: Noviyanti Noviyanti
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 58
ending page: 69
doi: 10.32890/uumjls2025.16.2.4

RISING FOOD POISONING INCIDENTS IN MALAYSIA: PROPOSING STRICTER LEGAL MEASURES AGAINST FOOD TRADERS
type: item
description: Food poisoning incidents in Malaysia have risen in the past decade, causing illnesses and fatalities to consumers. However, to the best of the authors’ knowledge, no food trader has been prosecuted in a court of law for causing food poisoning despite the existence of relevant legal provisions. Instead of facing prosecution, such food traders are merely issued with compounds and/or temporary closure orders. This study employed a doctrinal research method and analysed relevant legal provisions and regulations under the Food Act 1983, the Penal Code, the Prevention and Control of Infectious Diseases Act 1988, the Food Regulations 1985 and the Food Hygiene Regulations 2009. These legal provisions and regulations were analysed without empirical data. The authors also examined the current approach adopted by the enforcement authorities against food traders causing food poisoning. This study recommends a shift in the legal enforcement approach, envisioning that stricter legal measures will deter the occurrences of food poisoning incidents in Malaysia. As previous research on food safety predominantly investigated from scientific or social science perspectives, this study focuses on the legal perspective, addressing key factors for the lack of prosecution of food traders causing food poisoning and suggesting legislative reforms to enable effective prosecution of food traders by recommending amendments to the country’s current food safety laws.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Sook Ling Lee
creator: Jady Zaidi Hassim
creator: Haniwarda Yaakob
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 194
ending page: 215
doi: 10.32890/uumjls2025.16.2.11

ESTABLISHING THE LINK BETWEEN LAW, CULTURE AND INFRASTRUCTURE FOR PANDEMIC WASTE MANAGEMENT
type: item
description: Managing infectious and medical waste remains a significant challenge, particularly during pandemics like COVID-19. Poor waste management has led to environmental pollution and public health risks. Numerous publications and research studies have documented an increase in the volume of infectious and medical waste during the COVID-19 pandemic. However, ineffective waste management systems in developing countries have exacerbated the issue. Existing waste management laws in many nations often fail to account for pandemic scenarios adequately. Although the COVID-19 pandemic has ended, it is crucial to acknowledge the shortcomings in infectious waste handling during this period. To prevent similar problems in the future, governments ought to be better prepared. Many countries, including Indonesia, responded promptly by drafting quasi-legislation, such as technical recommendations or government circulars, to address the challenges of managing COVID-19 waste. This article reviews the relevant laws and policies in Indonesia and other countries through a legal doctrinal study. It concludes that effective infectious waste management requires more than just legislation. Adequate waste management facilities, funding, and a supportive legal culture – characterised by consistent compliance and understanding of the law by both the government and community – are essential. When governments can provide and oversee the necessary infrastructure, resources, and workforce, achieving this objective becomes easier.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Myrna Asnawati Safitri
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 87
ending page: 101
doi: 10.32890/uumjls2025.16.2.6

ACCREDITATION POLICY ON SOCIAL ENTERPRISES IN MALAYSIA: THE PAST, PRESENT, AND FUTURE
type: item
description: Social entrepreneurship, a fast-developing sector in Malaysia, has the capacity to contribute to the social development and economic growth of the nation. Whilst social enterprises in Malaysia have made considerable impacts in terms of enhancing community welfare, driving sustainable development, and fostering inclusive growth, there are still challenges and obstacles that impede their continued development. This article argues that one of the obstacles to the advancement and growth of the social enterprise sector is the government policy on the accreditation of social enterprises in Malaysia. Since its introduction in 2017, the Malaysian government’s policy on the accreditation of social enterprises has been revised four times. This article aims to conduct a critical evaluation of the accreditation policy relating to social enterprises by exploring its development and evolution, followed by highlighting its shortcomings and areas for improvement. This article employs a doctrinal legal study using the exploratory research design and interpretive qualitative content analysis to analyse policy documents related to the accreditation of social enterprises in Malaysia. After examining the effectiveness of the current accreditation policy for social enterprises in Malaysia, this study finds that it is hindered by frequent changes, subjective and ambiguous criteria, and a lack of legislative support, thus raising concerns about issues related to transparency, accountability, and unclear justifications for the introduction of various categories of social enterprises. These findings make a case for legislative intervention to provide greater clarity, certainty, transparency, and accountability on the crucial aspects of social enterprise governance.
subject: Articles
  topic: section
subject: Accreditation of social enterprises
  topic: keywords
subject: social business
  topic: keywords
subject: Malaysian Social Enterprise Blueprint
  topic: keywords
subject: social mission
  topic: keywords
subject: SEMy 2030
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Lai Chooi Ling
creator: Sujata Balan
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 112
ending page: 131
doi: 10.32890/uumjls2026.17.1.7

USER ACCEPTANCE OF TERMS & CONDITIONS AND PRIVACY POLICY: A LEGAL ANALYSIS OF THE POSITION OF FOOD DELIVERY MOBILE APPS IN THE MALAYSIAN CONTEXT
type: item
description: Mobile applications, which are popularly known as ‘mobile apps’ are software applications generally used on wireless computing devices such as smartphones or tablets. Since tech giant Apple’s launch of the iPhone in 2007, these mobile apps are getting more attention across nations with the advancement of mobile internet, smartphone technologies, and navigational services. Food delivery mobile apps (FDAs) facilitate convenient and quick food delivery to customers and provide restaurants with better opportunities to generate more revenue without having to increase the seating capacities of their brick-and-mortar outlets. Nevertheless, with these FDAs, users face a myriad of legal problems, including consent mechanisms and the acceptance of the terms and conditions (T&Cs) and privacy policies (PPs). These one-sided conditions warrant investigation from the perspective of consumer protection. This paper aims to uncover the T&Cs and PPs used in the FDAs popular in Malaysia from the perspective of consumer protection and privacy rights, based on the standards of contracts. By adopting a qualitative legal research methodology and analyzing primary and secondary literature, the research has developed several standards and grouped them under the headings of contract standards, contract changes and contract termination to evaluate the T&Cs and PPs of nine of the most popular FDAs in Malaysia. The study analysed the content of the T&Cs and PPs of these FDAs to explore whether they “comply”, “partially comply”, or “do not comply” with the standards developed. The study found that the FDAs failed to comply with these standards, highlighting legislative shortcomings that indicate a lack of supervision in app development processes and compliance. The paper concludes by offering recommendations for policymakers, which included increasing supervisory and monitoring capacity and reforming the relevant legal framework in the future. As the number of FDA users and the frequency of onli…
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Mohammed Ibrahim Al Rezan
creator: Md. Mostafa Hosain
creator: Mohammad Ershadul Karim
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-01-31
publication date: 2025-01-31
starting page: 130
ending page: 149
doi: 10.32890/uumjls2025.16.1.8

THE CHALLENGES OF HUMAN RIGHTS IN THE ERA OF ARTIFICIAL INTELLIGENCE
type: item
description: In an era in which Artificial Intelligence (AI) has brought about tremendous technical advancements that can significantly impact operations and interactions in society, it is crucial to seriously think about the issue of human rights in relation to the applications of AI. The increasingly widespread use of artificial intelligence (AI) presents significant obstacles to the protection of human rights, since it questions the core concept of human supremacy over other living organisms. Given the growing incorporation of AI technology in our daily lives, it is crucial to comprehensively assess the influence of AI on human rights. This article examines the crucial significance of human rights in the era of AI, investigating the potential outcomes of AI’s impact on these rights and the worldwide efforts aimed at safeguarding them. It examines the transformative impact of AI, ethical considerations, and potential disruptions across economic, social, and political spheres. This article discusses how AI challenges traditional human rights frameworks like the UDHR, and will emphasise the urgent need for updated legal and ethical frameworks, as well as global collaboration aimed at protecting human rights in this era of AI. Furthermore, it considers the potential of the first internationally binding convention on AI, the AI Convention. Using comparative legal, formal legal and descriptive methods, the analysis shows that AI may undermine the exercise of several human rights. The focus is on integrating legal and ethical factors to ensure the responsible implementation of AI technology and in ensuring that AI technology benefits all of humanity.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Nehaluddin Ahmad
creator: Aqilah Walin Ali
creator: Mohammad Hilmy Baihaqy bin Yussof
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-01-31
publication date: 2025-01-31
starting page: 150
ending page: 169
doi: 10.32890/uumjls2025.16.1.9

HAK WARIS PEMBELI ATAS TANAH LOT LIDI: ANALISIS DARIPADA PERUNDANGAN ISLAM (Inheritance Rights of Purchasers over Lot Lidi Land: An Analysis from the Perspective of Islamic Law)
type: item
description: Pemilikan Tanah Lot Lidi berlaku pada hari ini akibat daripada desakan dan keperluan untuk memiliki hartanah sendiri khususnya bagi mendirikan rumah. Manipulasi hartanah semasa untuk tujuan perumahan menyebabkan harga hartanah dan rumah melambung tinggi. Justeru, dengan harga tanah yang lebih murah, lokasi yang berdekatan dengan sanak saudara dan pemilik asal merupakan seorang yang dikenali, kecenderungan seseorang untuk memiliki Tanah Lot Lidi tidak dapat dielak lagi. Bentuk pemilikan ini bercanggah dengan Kanun Tanah Negara Akta 828, yang melaksanakan Sistem Torrens, di mana pendaftaran adalah segala-galanya. Kesannya, ia bercanggah dengan amalan Lot Lidi melalui Surat Ikatan Amanah, dan menghalang pengeluaran dokumen hak milik. Akibatnya, ia tidak mempunyai pengiktirafan undang-undang dan terdedah kepada penipuan. Kajian ini menyelidik status undang-undang bagi urusniaga tanah Lot Lidi daripada perspektif KTN Akta 828 dan undang-undang Islam. Ia juga meneroka hak dan remedi yang tersedia untuk waris pembeli tanah Lot Lidi di bawah kedua-dua rangka kerja undang-undang kontemporari dan pandangan Islam. Metodologi kajian adalah secara kualitatif dengan data-data dikumpulkan secara deskriptif melalui kajian kepustakaan dan berdasarkan kes-kes perundangan. Analisis pula dilakukan secara analisis kandungan dengan berdasarkan analisis induktif, deduktif dan komparatif. Kajian mendapati Tanah Lot Lidi adalah merupakan kesan daripada kekangan perundangan semasa dan keperluan sosial untuk memiliki hartanah sendiri dengan harga yang jauh lebih murah. Undang-undang dengan jelas tidak memperakukannya kerana ia bercanggah dengan peruntukan KTN Akta 828. Bagaimanapun dalam undang-undang Islam, pembelian tersebut memberikan hak yang jelas melalui Surat Ikatan Amanah yang memenuhi kehendak sesebuah akad jual beli. Walaupun pembeli tidak diberikan dokumen hak milik, warisnya berhak untuk mewarisi hartanah tersebut selepas kematiannya berdasarkan akad yang sah. ABSTRACT Ownership o…
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Jasni Sulong
creator: Mohd Marbawi Taha
creator: Dr. Roshaimizam Suhaimi
creator: Nor Liana Ismail
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 121
ending page: 141
doi: 10.32890/uumjls2025.16.2.8

ADDRESSING LEGAL GAPS IN REGULATING TRADING IN INFLUENCE IN INDONESIAN TRADE SECTOR: COMPARATIVE LESSONS FROM FRANCE AND THE UNITED KINGDOM
type: item
description: Trading in influence is regarded as the exchange of favours where individuals offer or accept benefits due to their influence over public authorities. The practice serves as a tactic used by individuals to seek profit and personal enrichment by circumventing established norms and ethics in fulfilling governmental duties and obligations. Conducting normative legal research on this issue, including the analysis of relevant legal sources and the identification of regulatory gaps, shows that such a legal vacuum creates confusion and uncertainty. Although Indonesia has ratified the United Nations Convention Against Corruption (UNCAC), the latest Criminal Code and Corruption Law in Indonesia do not explicitly regulate trading in influence due to its non-mandatory nature, which raises the potential for domestic enforcement of the convention. French and English legal systems have different definitions and rights to criminalise trading in influence. Therefore, this research aimed to recommend the criminalisation of trading in influence in the Indonesian Criminal Code and its detailed inclusion in a specialised anti-corruption law. The measures would provide a clear interpretation of legal provisions, in line with efforts to strengthen anti-corruption institutions. The analysis also addressed and clarified the implications of trading in influence, particularly in the trade sector.
subject: Articles
  topic: section
subject: Trading in influence
  topic: keywords
subject: trade sector
  topic: keywords
subject: corruption
  topic: keywords
subject: crime
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Daryanti
creator: Albertus Sentot Sudarwanto
creator: Rinaldy Amrullah
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 132
ending page: 147
doi: 10.32890/uumjls2026.17.1.8

https://e-journal.uum.edu.my/index.php/uumjls/en/article/view/23141
type: item
title: PENILAIAN RISIKO PENGUBAHAN WANG HARAM DAN PEMBIAYAAN KEGANASAN DI PUSAT PERNIAGAAN DAN KEWANGAN ANTARABANGSA LABUAN (Risk Assessment of Money Laundering and Terrorism Financing in the Labuan International Business and Financial Centre)
description: Kajian ini menilai risiko pengubahan wang haram (money laundering, ML) dan pembiayaan keganasan (terrorist financing, TF) di Pusat Perniagaan dan Kewangan Antarabangsa Labuan (Labuan Labuan International Business and Financial Centre, IBFC). Menggunakan pendekatan kualitatif dengan analisis kandungan dokumen, kajian ini mengkaji punca-punca, implikasi, dan tahap risiko ML/TF serta keberkesanan langkah penguatkuasaan yang diambil oleh pihak berkuasa. Kajian ini juga menilai garis panduan sedia ada yang ditetapkan oleh kerajaan Malaysia dan institusi antarabangsa seperti Pasukan Petugas Tindakan Kewangan (Financial Action Task Force, FATF). Hasil kajian menunjukkan bahawa kedudukan strategik Malaysia, keterbukaan ekonomi, dan kekuatan kerahsiaan perbankan menjadikan Labuan IBFC sebagai sasaran utama untuk aktiviti ML/TF. Kajian ini mengenal pasti bahawa kelemahan dalam penguatkuasaan undang-undang dan pemantauan transaksi kewangan menyumbang kepada risiko yang tinggi. Selain itu, kajian ini menekankan kepentingan kerjasama antarabangsa dan penggunaan teknologi moden dalam mengesan dan mencegah ML/TF. Kajian ini menyarankan beberapa langkah untuk meningkatkan keberkesanan penguatkuasaan, termasuk pengemaskinian rangka kerja undang-undang, peningkatan kesedaran industri, dan penggunaan pendekatan berasaskan risiko. Implikasi dasar yang dicadangkan bertujuan untuk memperkukuh integriti dan kestabilan sistem kewangan Malaysia serta mengurangkan risiko ML/TF di Labuan IBFC. ABSTRACT This study assessed the risks of money laundering and terrorist financing at the Labuan International Business and Financial Centre (Labuan IBFC). Using a qualitative approach with document content analysis, this research examined the causes, implications, and risk levels of ML/TF, as well as the effectiveness of enforcement measures taken by authorities. The study also evaluated existing guidelines set by the Malaysian government and international institutions such as the FATF. The findings in…
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Ahmad Azam Sulaiman @ Mohamad
creator: Ahmad Taqiyuddin Muhammad Tajuddin
creator: Hairunnizam Wahid
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 142
ending page: 161
doi: 10.32890/uumjls2025.16.2.9

EXPLORING MISCLASSIFICATION STATUS OF PLATFORM WORKERS IN MALAYSIA FOR ENHANCED EMPLOYMENT PROTECTIONS
type: item
description: The misclassification of platform workers as independent contractors has sparked extensive debates globally, with notable implications for employment protections. In Malaysia, the classification of platform workers, as exemplified in Loh Guet Ching v Menteri Sumber Manusia & Anor case, remains a contentious issue. Despite the Court of Appeal's ruling, Section 101C of the Employment Act 1955, in force since 1st January 2023, introduces a mechanism to ascertain employment status. This provision, untested as of yet, presents a potential resolution for misclassification disputes involving platform workers. This article delves into the current employment legal landscape in Malaysia, exploring recent developments and potential solutions for resolving the misclassification dilemma. Utilising a doctrinal approach, the study analyses both legal and non-legal sources, revealing that selected jurisdictions have adeptly addressed misclassification challenges. Common law tests, which are prevalent in judicial proceedings, and the purposive approach offer avenues for resolution, while statutory tests, though providing clarity, require careful application due to potential adverse consequences.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Nazruzila Razniza Mohd Nadzri
creator: Tuan Fatma Tuan Sulaiman
creator: Abdul Mutalib Mohamed Azim
creator: Nurulbahiah Awang
creator: Mohd Shahril Nizam Md Radzi
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 70
ending page: 86
doi: 10.32890/uumjls2025.16.2.5

FOETAL ANOMALY: THE RIGHT TO ABORT AND THE POSSIBILITY OF A WRONGFUL BIRTH CLAIM IN MALAYSIA
type: item
description: A pregnancy can be terminated because of the problem of foetal anomaly. However, parents may lose the right to terminate the pregnancy if there is negligence in prenatal diagnosis. Such negligence may consequently result in the mother giving birth to a disabled child. This article examines whether women in Malaysia have the legal right over a wrongful birth claim should there be negligence by the doctors who carried out the prenatal diagnosis. This article employs the doctrinal comparative method. First, this article reviews the relevant literature on the topic of women's right to terminate a fetus with abnormalities and the legal status of the foetus. Next, the article will analyse the Utilitarian theory and the Principle of Reproductive Autonomy, which the authors claim will provide the fundamental argument for women to have the right to abort a pregnancy with foetal anomaly. A negligent prenatal diagnosis that results in the woman delivering a disabled baby undermines a woman's right to reproductive autonomy, her right to make an informed consent for a legal abortion. Following that, an acknowledgment of the woman's right to reproductive autonomy and the right to initiate a wrongful birth claim is demonstrated by highlighting and discussing several international court cases. The analysis of comparison is the final part, in which the authors present the possibility of women in Malaysia claiming a wrongful birth claim should there be negligence in the prenatal diagnosis by medical practitioners. In conclusion, the authors have made the case that women in Malaysia have the right to legally abort a pregnancy with foetal anomaly and could sue for wrongful birth if a prenatal diagnosis was made negligently. However, it might be challenging to prove the claim given the ambiguity of Malaysia's abortion legislation. This article has made an important contribution to the current literature as it has discussed the potential rights of women in Malaysia to file a lawsuit over…
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Alyaa Nadhirah Dato Hj Mohamad Shariff
creator: Ambi S T Singam
creator: Heama Latha Nair
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-01-31
publication date: 2025-01-31
starting page: 95
ending page: 114
doi: 10.32890/uumjls 2025.16.1.6

ESTABLISHING EQUALITY IN THE CORE-PLASMA PARTNERSHIP IN PALM OIL BUSINESS: THE ROLE OF THE INDONESIA COMPETITION COMMISSION
type: item
description: Palm oil is the main product that has contributed significantly to the Indonesian and Malaysian economy over the past few decades. Oil palm plantations in Indonesia are owned not just by large corporations, but also by smallholders known as MSMEs (Micro, Small, and Medium Enterprises). One of the Indonesian government's strategies to strengthen the capacity of MSMEs is to encourage large enterprises and MSMEs to form core-plasma partnerships. Large enterprises frequently incur various violations when implementing the palm oil industry partnership. As a result, adequate supervision from a government authority is essential. The purpose of this study is to examine the legal basis for the supervision of the Indonesian Competition Commission (‘ICC’; Komisi Pengawas Persaingan Usaha) on the implementation of core-plasma partnerships, to boost the oil palm plantation industry in Indonesia. This study type is normative-juridical and relies on secondary data sources to make assessments. The research typology used is analytical-descriptive, with the goal of fully and comprehensively explaining the duties and authorities of the ICC in supervising partnership implementation in Indonesia, and then evaluating them to determine the legal basis for the ICC's participation in partnership implementation. The analysis found that Law No. 9 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition does not regulate the ICC's authority to supervise partnerships. However, under Law No. 20 of 2008 on MSMEs and the implementation regulations, the ICC has the authority to oversee the implementation of core-plasma cooperation, namely through consultations, evaluations, suggestions, and considerations related to government policies, policy harmonization and law enforcement.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Elisatris Gultom
creator: Ardhes Blandhivay Leuanan
creator: Siti Rohani
creator: Huta Disyon
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-01-31
publication date: 2025-01-31
starting page: 170
ending page: 188
doi: 10.32890/uumjls2025.16.1.10

ASSESSING THE STANDARD OF CARE OF DOCTORS IN EMERGENCY DEPARTMENTS
type: item
description: Working in emergency departments appears to be challenging as the doctors stationed here encounter obstacles that may not be faced by other doctors. This includes the need to attend to a high number of patients, the lack of manpower and resources, as well as the pressing situation of being in an emergency. This condition may be more apparent in public hospitals that are usually overcrowded with patients with various illnesses that require urgent treatment. Occasionally, claims of medical negligence have been filed against doctors and hospitals by patients seeking medical treatment in emergency departments. An issue, therefore, arises on the standard of care required of doctors as has been imposed by the law on working in emergency departments. The question is whether the calamitous situation that doctors in emergency departments encounter is acknowledged by the law as a possible defence against the allegation of negligence in Malaysia. From the cases analysed, it is concluded that doctors in emergency departments are expected to exercise the skill of any other reasonable competent doctor in similar circumstances. As such, doctors and hospitals should strive to provide the best medical treatments according to the situations of each case in order to avoid liability in negligence. It is hoped that the findings of this research would assist doctors working in emergency departments in discharging their daily duties according to the standards imposed by law. To fulfil its objective, this research employs legal and doctrinal methods in which the analysis and arguments have been based on the written literature, which has been mainly case laws from Malaysia and the United Kingdom, as well as textbooks and journals.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Haniwarda Yaakob
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-01-31
publication date: 2025-01-31
starting page: 19
ending page: 33
doi: 10.32890/uumjls2025.16.1.2

ACCRUAL OF CAUSE OF ACTION FOR THE OPERATION OF LIMITATION PERIOD IN EMPLOYMENT MATTERS IN NIGERIA: DR. FABUNMI V. UNIVERSITY OF IBADAN & ANOR: LESSONS FROM GHANA AND UGANDA
type: item
description: Crystalisation of the right to seek legal redress is known as accrual of cause of action, which is when all the factual circumstances that would justify and enable an aggrieved party to seek legal redress have occurred and to his/her knowledge. However, the Nigerian Court of Appeal in Dr. Fabunmi v. University of Ibadan & Anor. held that the cause of action for dismissal of an employee arises from the date the letter of dismissal was dated, not when it was delivered or received by the dismissed employee. This paper adopts doctrinal and comparative methods, relying on primary and secondary data to examine the impact of this decision on the security of employment in Nigeria and its sustainability. It raises the question of whether it is legally practicable for an employee whose termination has not been communicated to by the employer to take steps to challenge the same in court. The paper argues that this decision is capable of enabling employers to perpetuate fraud and unfair labour practices in the course of termination of employment, since it holds that the cause of action accrues based on the date the termination letter is written, rather than the date it is delivered or received. It found that the court failed to take cognisance of the fact that countenancing when the letter of dismissal/termination is dated as opposed to when it was delivered/received by the concerned employee is encouraging concealment by employers to ensure that before employees would take steps to challenge dismissal/termination of their employment, limitation period would have set in. Also, the decision is diametrically opposed to the principle that the law does not require the doing of the impossible, as a person cannot be expected to seek legal redress over a wrong unknown to him/her. Giving the prevalence of unemployment in Nigeria, the decision is an unwelcomed development; while it is noted that by virtue of Section 253 of the Constitution of the Federal Republic of Nigeria 1999, the de…
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: David Tarh-Akong Eyongndi
creator: Ufuoma Garvin Oyibodoro
creator: Sampson Shaba
creator: Ngozi Chinwa Ole
creator: Olayiwola Owoade Oladele
creator: Hillary Nwaechefu
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 20
ending page: 35
doi: 10.32890/uumjls2025.16.2.2

DATA PROTECTION CHALLENGES IN SMART CITIES: AN EXAMINATION OF THE MALAYSIAN LEGAL FRAMEWORK
type: item
description: Smart cities are the future of urban development as they incorporate state of the art technology to enhance the living standards of the citizens. However, these advances have real challenges in terms of data protection, more so in countries like Malaysia, where the legal aspects are still developing. This paper will critically analyze Malaysia's legal framework for data protection in the context of the Malaysian Smart City Framework and its data collection and processing practices. In this paper, the three fundamental principles of data protection, namely necessity, consent and safeguards will be examined. Using a comparative law approach, this research compares Malaysian laws with international standards, in particular the General Data Protection Regulation of the EU. This comparison shows some serious gaps and hurdles in Malaysia's approach, particularly with regard to protection from automated decision-making and surveillance technology. This research will also show that Malaysia must improve its legislation to ensure privacy will not be invaded when the smart city technologies are have already become so widespread. The findings advocate the need for Malaysian laws and policies to be positively realigned with technology to create a privacy-aware model and fit for purpose for the shifting requirements of smart urban arenas.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Hesam Nourooz Pour
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-01-31
publication date: 2025-01-31
starting page: 115
ending page: 129
doi: 10.32890/uumjls2025.16.1.7

AMBIGUITY IN THE PROFIT-SHARING SYSTEM OF MUDHARABAH COOPERATION FROM THE PERSPECTIVE OF FIQH MUAMALAH
type: item
description: This study examines the profit-sharing system in cage fish farming cooperation, where farmers are required to bear one-third of the capital in the event of losses. The purpose of this research is to reveal the practice of profit-sharing cooperation among cage fish farmers in Lake Maninjau, Agam Regency, West Sumatra Province, and to identify the risks of losses that occur. This study employs a qualitative approach with a field research design. In collecting data, researchers conducted interviews with seven informants consisting of one fish cage financier, four fish cage managers, one fish cage owner, and one community leader. The data were analyzed using qualitative descriptive analysis. The findings indicate that profits are divided equally between investors and cage fish managers, with each receiving 50%. However, losses caused by natural factors such as mass fish deaths due to volcanic sulfur (tubo belerang), are charged to the managers, who must bear one third of the capital. The study concludes that the ambiguity in the profit-sharing arrangement leads to injustice for one party. Profit sharing is misunderstood when only profits are shared, while losses due to natural disasters are partially borne by workers. This practice reflects inequity in the mudharabah contract under a profit-sharing system during natural disasters.
subject: Articles
  topic: section
subject: Cage fish farmers
  topic: keywords
subject: fiqh muamalah
  topic: keywords
subject: justice
  topic: keywords
subject: mudharabah
  topic: keywords
subject: revenue sharing
  topic: keywords
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Farida Arianti
creator: Rani Yulia
creator: Silvianetri
creator: Abdul Mughits
creator: Isman
creator: Pauzi Muhammad
rights: Copyright (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 20
ending page: 35
doi: 10.32890/uumjls2026.17.1.2

SAFEGUARDING PERSONAL DATA IN THE PUBLIC SECTOR: UNVEILING THE IMPACT OF THE NEW PERSONAL DATA PROTECTION ACT IN INDONESIA
type: item
description: Personal data protection is a significant issue that has attracted public attention in recent years due to various personal data leaks, especially those held by public sector institutions. The issue prompted lawmakers to re-open the discussion of the Personal Data Protection Bill (PDP Bill), which was finally enacted in October 2022. An essential aspect addressed in the newly enacted PDP Act was data protection by public sector institutions in Indonesia. Several studies showed that the collection of personal data by these institutions is primarily mandatory. Therefore, this study examines the laws and regulations related to personal data protection by public sector institutions and the potential implementation challenges. The challenges include the tendency to “prioritise” sectoral regulations over the PDP Act and the potential to “over-utilise” and “over-interpret” data protection exemptions. The findings indicated that the newly enacted PDP Act provided excessive leeway for public institutions to exempt data subjects’ rights despite the high standard for data processing. The findings suggested that to achieve a meaningful implementation of the PDP Act, the mandated supervisory authority must be independent in carrying out its duties and functions to ensure the just enforcement of personal data protection in the public and private sectors. In addition, the government must develop a strategy to ensure the consistency of data protection implementation through various legislations currently being drafted, as well as harmonising the PDP Act with other related Acts.
subject: Articles
  topic: section
subject: {}
  topic: subjects
subject: {}
  topic: disciplines
creator: Faiz Rahman
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-01-31
publication date: 2025-01-31
starting page: 1
ending page: 18
doi: 10.32890/uumjls2025.16.1.1

EMPIRICAL STUDY OF LAND ACQUISITION IN PENINSULAR MALAYSIA: ACHIEVING EQUILIBRIUM ON COMPETING PUBLIC AND PRIVATE INTERESTS
type: item
description: The right to own property is an intrinsic human right that grants ownership and enjoyment to owners. The property right, however, is not absolute because it is subject to the state’s authority to compulsorily acquire land that is in private hands, which is referred to as land acquisition. Land acquisition refers to the power granted to the state government to obtain privately owned land for a public purpose, in exchange for fair compensation (Keith et al., 2008). Land acquisition is an essential strategy for the state to address the limited availability of land when it is necessary to create railways, airports, or any other infrastructure for the benefit of the public (Jonathan, 2012). Nevertheless, the process of acquiring land is a lengthy procedure that has a significant influence on the local community. This is because it involves conflicting interests between the government that is seemingly acting on behalf of the general public, and the very public who are affected by the acquisition itself. Therefore, the land acquisition system is supposed to be designed as a method of reconciling these conflicting interests. Despite this ideal purpose, numerous countries, particularly in emerging nations like Malaysia, face challenges in achieving a harmonious equilibrium between the conflicting public and private interests. These challenges arise from inadequate legislative safeguards and a conventional hierarchical approach adopted by the government branches of the state (Ghimire et al., 2017). The public aspect is usually legally defined, but private perspectives may not always be apparent. In order to achieve the right balance between conflicting public and private interests, this study aims to examine the perspectives of the individuals, i.e., the landowners who are directly affected by the land acquisition. This study examines their perceptions and attitudes towards the whole process and procedures of the land acquisition to which they were subjected, as well as thei…
subject: Articles
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creator: Noor Asyikeen Mohd Salleh
creator: Cheng Peng Sik
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-07-30
publication date: 2024-07-30
starting page: 445
ending page: 481
doi: 10.32890/uumjls2024.15.2.3

ALTERNATIVE APPROACHES IN HANDLING CHILD OFFENDERS: A CASE STUDY OF COMMUNITY-BASED DIVERSION PROGRAMMES IN MALAYSIA
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description: Diversion is the best approach to rehabilitate child offenders; however, children arrested for criminal offences in Malaysia must adhere to the procedures in the Child Act 2001. Although no specific diversion programme exists for child offenders in Malaysia, the Malaysian government is working on a project that is a community-based initiative with some elements of diversion practice to manage children in conflict with the law. The study examines the pilot community-based rehabilitation practices to fulfil the initiative as a formal diversion programme for child offenders in Malaysia. The study is crucial to convince child welfare agencies that the pilot community-based initiatives could be developed as a comprehensive diversion module for managing child offenders in Malaysia. This study employed in-depth interview techniques to gather qualitative data. The sample included nine child offenders, eight practitioners, and three parents/caregivers. Manual coding was utilised to facilitate the organisation, analysis, and interpretation of the data efficiently. The findings revealed that Malaysia's juvenile justice system has actively engaged community agents—aligning with UNICEF’s recommendations—through family engagement, community mobilisation, and supervision efforts. Nevertheless, the study identified a pressing need to further strengthen the role of these community agents, particularly in preparing for the implementation of formal diversion programmes. In light of these findings, the researcher proposed the development of a comprehensive diversion module to guide the management of child offenders, which could serve as a framework for establishing a formal diversion system within Malaysia’s juvenile justice context.
subject: Articles
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creator: Siti Balqis Mohd Azam
creator: Siti Hajar Abu Bakar
creator: Jal Zabdi Mohd Yusoff
creator: Syarifah Maisarah Syed Alwi
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 162
ending page: 193
doi: 10.32890/uumjls2025.16.2.10

THE TRANSFORMATIVE USE OF USER-GENERATED CONTENT: DISCOVERING THE FINE LINE BETWEEN PERMITTED USE AND COPYRIGHT INFRINGEMENT FROM A MALAYSIAN PERSPECTIVE
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description: User-generated content or more commonly known as UGC has revolutionized the digital landscape by allowing individuals to create, share, and engage with various forms of copyrighted content across digital platforms. This paradigm shift in content creation and distribution has introduced new challenges in copyright law concerning the transformative use of copyrighted work. Balancing the exclusive rights of the right holder as a content creator and copyright user and the interests of society has become increasingly complex in the face of rapid digital innovation and creative expression. Determining whether the transformative use of copyrighted material qualifies as permitted use under the Copyright Act 1987 within copyright exceptions requires careful consideration of the existing legal framework. Hence, this article aims to explore the ability of the current legal framework to identify the fine line between permitted transformative use and copyright infringement in relation to user-generated content. The results demonstrate that the existing legal scheme does not provide permitted use for transformative use of works without the consent of right holders. This article also seeks to discover the possibility of alternative approaches that could effectively resolve the issues related to the transformative use of user-generated content within the existing legal framework. The outcome of this article is to contribute to a broader discussion surrounding the issues of transformative work and user-generated content.
subject: Articles
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creator: Mohd Syaufiq Abdul Latif
creator: Nazura Abdul Manap
creator: Nabeel Mahdi Althabawi
rights: Copyright (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
date: 2025-01-31
publication date: 2025-01-31
starting page: 54
ending page: 69
doi: 10.32890/uumjls2025.16.1.4

CONCEPTUAL, LEGAL, AND ETHICAL CONSIDERATIONS IN PHYSICIAN-ASSISTED SUICIDE: AN OVERVIEW
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description: Physician-assisted suicide (PAS) remains a contentious and highly debated topic within medical, legal, and ethical spheres. The complex issue of (PAS) raises significant inquiries regarding patient autonomy and societal norms. Ambiguities in conceptual, legal, and ethical aspects impede policy formulation, leading to unequal access and apprehensions about patient welfare and confidence. This article provides a thorough examination of assisted suicide, exploring its legal, ethical, and medical dimensions. It aims to facilitate informed dialogue and stimulate further investigation into the legal framework and ethical considerations surrounding this contentious issue. Through a library-based research approach and qualitative analysis of existing literature, this study delves into the diverse facets of assisted suicide. The article begins with a definition and contextualisation of assisted suicide, distinguishing it from related end-of-life practices. It then delves into the legal landscape, discussing different legal frameworks and regulations across various jurisdictions, and significant legal cases that have shaped the current discourse. From an ethical standpoint, this article explores the ethical considerations involved in assisted suicide, including autonomy, dignity, and the sanctity of life, and presents the perspectives of different stakeholders. The medical perspective examines the role of healthcare professionals, the criteria for assisted suicide, and empirical research on its effectiveness and safety. Realworld case studies are presented to illustrate the complexities of assisted suicide. Furthermore, this article analyses public opinion and ongoing debates on the topic. Ultimately, this analysis aims to provide readers with a comprehensive understanding of assisted suicide, fostering informed discussions and encouraging further exploration of this contentious issue.
subject: Articles
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creator: Nehaluddin Ahmad
creator: Ahmad Masum
creator: Aqilah Walin Ali
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-07-30
publication date: 2024-07-30
starting page: 707
ending page: 744
doi: 10.32890/uumjls2024.15.2.12