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.
REDESIGNING INSTITUTIONAL LAW FOR GREEN INVESTMENT TRANSFORMATION IN INDONESIA: INTEGRATING NZE, GREEN CONSTITUTION, AND PROPHETIC LAW
Climate change and the urgency of achieving Net Zero Emission (NZE) require Indonesia to establish a coherent legal and institutional framework for sustainable green investment. However, the current regulatory landscape remains fragmented across ministries, resulting in legal uncertainty and overlapping mandates that hinder effective implementation. This article aims to formulate a grand design of state institutional law that consolidates regulatory coherence and institutional coordination in advancing Indonesia’s green economy. The study applies a qualitative legal approach by interpreting constitutional provisions, statutory law, and ministerial regulations through constitutional hermeneutics and value-based jurisprudence. The framework integrates the Green Constitution—which elevates environmental sustainability as a constitutional mandate—and Prophetic Law, which contributes normative values of justice, stewardship, and transcendence to guide institutional reform. The findings reveal that fragmented licensing schemes and regulatory overlaps constitute major barriers for investors, undermining the achievement of NZE. By proposing a one-gate licensing system supported by an omnibus law approach, the study outlines a model that simplifies regulation, enhances institutional accountability, and harmonizes green investment policies with Indonesia’s Nationally Determined Contribution (NDC). By bridging constitutional environmentalism with prophetic jurisprudence to design an institutional roadmap that is both normatively legitimate and practically implementable, this paper demonstrates originality in its approach to the issues at hand. The proposed grand design provides a clear legal and governance pathway for Indonesia to accelerate its transition toward a sustainable green economy and fulfil its global climate commitments.
Hak Cipta (c) 2026 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
AN ANALYSIS OF ALTERNATIVE SENTENCING FOR YOUNG OFFENDERS UNDER SYARIAH CRIMINAL LAW IN MALAYSIA AND BRUNEI
Alternative sentencing has emerged as an important approach in addressing young offenders within the Syariah criminal justice system, particularly through mechanisms that emphasise rehabilitation and moral development. In both Malaysia and Brunei, the application of such sentencing is grounded in the principle of taʿzir, which allows judicial discretion in determining appropriate punishments. Accordingly, this study aims to analyse the legal frameworks and practices relating to alternative sentencing for young offenders under Syariah criminal law in Malaysia and Brunei. The study adopts a qualitative legal research approach, employing doctrinal and documentary analysis. It focuses on primary legal sources, including the Syariah Criminal Procedure (Federal Territories) Act 1997, the Syariah Courts (Criminal Jurisdiction) Act 1965, and relevant state enactments in Malaysia, as well as the Syariah Penal Code Order 2013 and the Syariah Courts Criminal Procedure Order 2018 in Brunei. Secondary sources, such as academic literature and institutional reports, are also examined to support the analysis. The findings suggest that both jurisdictions provide legal mechanisms for the application of alternative sentencing for young offenders, including admonition, good behaviour bonds, and supervisory measures. However, the structure and implementation of these measures differ due to variations in legal frameworks, jurisdictional scope, and institutional arrangements. In Malaysia, the application of alternative sentencing operates within a federal structure where Syariah laws vary across states, whereas in Brunei, the legal framework is more centralised under national legislation. This study contributes to the existing literature by providing a clearer understanding of the statutory provisions and institutional contexts that shape the application of alternative sentencing within different Syariah legal systems.
LABOUR RIGHTS PROTECTION FOR PLATFORM WORKERS: LESSONS FOR MALAYSIA
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.
ASSESSING THE IMPLEMENTATION AND IMPACT OF CORRUPTION SENTENCING GUIDELINES IN INDONESIA: COMPARATIVE PERSPECTIVES FROM THE UNITED STATES, ENGLAND, AND WALES
The sentencing guidelines established by Supreme Court Regulation No. 1 of 2020 represent a strategic component within Indonesia's penal system. These guidelines aim to promote proportionality, reduce disparity, minimize judicial subjectivity, and enhance transparency and accountability in sentencing. As the first regulation specifically addressing sentencing guidelines for corruption offenses, it raises questions about its necessity and implementation in Indonesia. Evaluating the application of Supreme Court Regulation No. 1 of 2020 is crucial to determine whether its primary objectives align with the outcomes achieved. This research employs a normative juridical method with a conceptual, statutory, case, and comparative approach in its analysis. The novelty of this study lies in its discussion of the newly implemented sentencing guidelines in Indonesia, accompanied by an analysis of 17 decisions in corruption crime cases following the enactment of Supreme Court Regulation No. 1 of 2020. The findings indicate that Supreme Court Regulation No. 1 of 2020 has had a positive impact on promoting proportionality, enhancing consistency, and increasing transparency and accountability in judicial decision-making processes. However, post-enactment, there remain several rulings that have not fully adhered to these guidelines. Comparative studies with United States, England, and Wales reveal the need for improvements in these sentencing guidelines to establish a more effective, proportional, and equitable penal system.
EMPOWERING PAWANG UTEUN (LOCAL FOREST HANDLERS) AS CUSTOMARY INSTITUTIONS TO COMBAT ILLEGAL LOGGING IN NORTH ACEH DISTRICT
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.
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))
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 evidence law in fasakh cases is generally consistent with procedural requirements, there are areas where improvements could enhance efficiency and fairness in court proceedings. Issues such as the proper identification of facts and the determination of legal merit were identified as critical areas needing further attention. Furthermore, this study highlights the need for better adherence to the Syariah Evidence Ordinance, 2001 and consistent application of burden and standard of proof principles. This study concludes with recommendations for improving judicial practices, including enhanced training for Syariah judges and a more structured approach to legal education in evidence law. This article contributes to the broader understanding of legal practices in Syariah courts and offers insights into refining the judicial processes involved in fasakh cases. Keywords: Syariah Courts, fasakh cases, evidence law, burden of proof, standard of proof.
COUNTERVAILING DUTIES ON INDONESIAN BIODIESEL: WTO DISPUTE RESOLUTION AND THE USE OF ARBITRATION UNDER DSU ARTICLE 25
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.
REGULATING THE PRINCIPLE OF GOOD FAITH IN INVESTOR-STATE ARBITRATION: MEANINGFUL REFORM OR REARRANGING DECKCHAIRS ON THE TITANIC?
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.
THE LEGAL FRAMEWORK OF WHISTLEBLOWER PROTECTIONIN MALAYSIA: CHALLENGES OF IMPLEMENTATION IN PUBLIC SERVICE
The Government of Malaysia has established various initiatives and strategies to enhance integrity among public servants. Continuous efforts are made to ensure the highest quality of services provided by government officers and to increase public confidence in government services. One of the significant efforts introduced by the government is the Whistleblowers Protection Act 2010 (WPA 2010). The legislation, specifically designed to increase participation in combating corruption and other wrongdoing, offers legal protection to whistleblowers if specific requirements are met. This study examines the protection available to whistleblowers from government agencies through their relevant policies, as well as the challenges agencies face in providing that protection. This socio-legal research combines doctrinal legal and empirical methods. The doctrinal legal framework entailed examining and interpreting primary materials such as statutes, judgments, policies, and scholarly works. The empirical approach involved in-depth interviews to identify and assess the challenges faced by the relevant agencies. The findings indicate that there were several channels through which individuals could report misconduct among government servants, including the Public Complaints Management System (SISPAA), enforcement authorities such as the Police and the Malaysian Anti-Corruption Commission (MACC), and integrity units at the department or agency level. On the one hand, different channels provided aggrieved parties with more options, but on the other hand, overlapping issues might undermine the effectiveness of the measures. Other factors, such as over-classification of information, might also affect protection. Accordingly, several key provisions of the WPA 2010 require review to strengthen whistleblower protection and promote greater disclosure of misconduct in the public sector. Reform should also recognise second-tier whistleblowers, including lawyers and Non-Governmental Organisations (NGOs), while supporting the creation of an ombudsman-like independent mechanism to enhance public trust, improve reporting credibility, and reinforce accountability.
Hak Cipta (c) 2011 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO RESOLVE LANDLORD-TENANCY DISPUTES IN MALAYSIA
Due to the escalating house prices that are becoming increasingly unaffordable for many Malaysians, the private residential tenancies sector has now become a rapidly growing sector that provides an alternative avenue to homeownership. There is a lack of specific laws and institutions to regulate the relationship between landlords and tenants. Therefore, both parties often face challenges in resolving disputes which may result in eviction and thus, cause hardship. This article seeks to propose alternative dispute resolution (ADR) solutions for resolving disputes between landlords and tenants. It will explore the advantages and disadvantages of ADR as an appropriate dispute resolution mechanism. The dispute settlement mechanism for the private residential tenancies sector must be specifically designed, as litigation may not offer a win-win solution that is acceptable to all parties. Hence, it is crucial to explore potential alternative mechanisms that are speedier, more cost-efficient, and capable of preserving the relationship between the parties involved. This research employed the doctrinal method, analysing statutory provisions, court decisions, newspaper reports, ministry policy papers, and journal articles to support the use of ADR in resolving landlord-tenant disputes. Practices in New South Wales and Ireland were examined to identify best practices. By examining the benefits of ADR and the challenges faced in court actions, this article proposes that disputes between landlords and tenants can be amicably resolved using the ADR mechanism, especially in its recourse to mediation. The findings of the present study have indicated that mediation offers a practical and effective solution for resolving landlord-tenant disputes. It promotes fairness, efficiency, and relationship preservation in the private residential tenancies sector.
MINIMUM WAGE POLICY IN MALAYSIA AND LEGAL CHALLENGES IN THE HOTEL INDUSTRY
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.
AN APPRAISAL OF YEMEN’S ADHERENCE TO THE TRIPS AGREEMENT STANDARDS ON CIVIL AND CRIMINAL ENFORCEMENT MECHANISMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT
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 piracy, prescribing penalties that include imprisonment and fines. However, the existing penalties under these Acts are inadequate to serve as an effective deterrent against such violations. This shortcoming is in conflict with the requirements of Article 61 of the TRIPS Agreement, which mandates that penalties for these offences must be sufficiently severe to prevent future infringements. To ensure Yemen's full compliance with international standards and to enhance its efforts to combat trademark counterfeiting and copyright piracy, it is recommended that the country revise its IP laws to incorporate more stringent penalties, in alignment with the provisions of the TRIPS Agreement.
Hak Cipta (c) 2025 UUM Journal of Legal Studies https://creativecommons.org/licenses/by/4.0
LEGAL FRAMEWORKS AND ENFORCEMENT STRATEGIES FOR REDUCING NON-REVENUE WATER IN MALAYSIA AND INSIGHTS FROM SINGAPORE’S REGULATORY PRACTICES
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.
LEGAL CERTAINTY IN PROVING VERBAL SEXUAL HARASSMENT CASES: A JURIDICAL ANALYSIS OF CRIMINAL JUSTICE SYSTEM IN INDONESIA
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.
THE CONSTRUCTION OF THE LEX SPORTIVA PRINCIPLE IN INDONESIA’S SPORTS LAW: IMPLICATIONS AND FUTURE ARRANGEMENTS
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.
RISING FOOD POISONING INCIDENTS IN MALAYSIA: PROPOSING STRICTER LEGAL MEASURES AGAINST FOOD TRADERS
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.
ESTABLISHING THE LINK BETWEEN LAW, CULTURE AND INFRASTRUCTURE FOR PANDEMIC WASTE MANAGEMENT
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.
ACCREDITATION POLICY ON SOCIAL ENTERPRISES IN MALAYSIA: THE PAST, PRESENT, AND FUTURE
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.
THE ROLE AND CHALLENGES OF PUBLIC PARTICIPATION IN LAW FORMATION IN INDONESIA: A DEMOCRATIC PERSPECTIVE
This study investigates the challenges and inefficacy of public participation in Indonesia’s law formation process, focusing on its legal framework and democratic implications. The study adopts a doctrinal approach, employing both a conceptual and comparative framework to investigate public involvement in law-making from a democratic perspective. The study finds that vague legal provisions hinder meaningful public participation and recommends the establishment of explicit legal mechanisms to enforce public engagement. The findings indicate a pressing need for clearer, more detailed regulations governing public participation in the legislative process. Legislators should consider implementing formal feedback mechanisms early in the drafting phase to ensure inclusivity. In addition, involving a broad cross-section of the public may help reduce conflicts and create more representative and widely accepted laws. This study highlights critical gaps in the current regulatory approach to public participation in law-making and proposes the creation of mechanisms to enhance its effectiveness. The study’s value lies in its recommendation for a pre-legislative review process that could improve accountability and public trust in democratic governance. It contributes to the academic discourse on public participation by suggesting legal innovations to bridge the gap between legislative intentions and public expectations.
USER ACCEPTANCE OF TERMS & CONDITIONS AND PRIVACY POLICY: A LEGAL ANALYSIS OF THE POSITION OF FOOD DELIVERY MOBILE APPS IN THE MALAYSIAN CONTEXT
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 online food ordering have sharply risen in Malaysia, this study is highly relevant for examining the legal aspects, particularly regarding the T&Cs and PPs of these apps.
THE CHALLENGES OF HUMAN RIGHTS IN THE ERA OF ARTIFICIAL INTELLIGENCE
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.
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)
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 of the “Tanah Lot Lidi” occurs today as a result of the insistence and need to own real estate, especially to build a family house. The current manipulation of real estate for housing purposes causes real estate and house prices to skyrocket. Therefore, with a cheaper land price, a location close to relatives and the original owner being a well-known person, the tendency of a person to own “Tanah Lot Lidi” cannot be avoided anymore. This form of ownership conflicts with the National Land Code Act 828, which implements the Torrens System, where registration is paramount. As a result, it contradicts the practice of Lot Lidi under a Trust Deed, preventing the issuance of a title document. Consequently, it lacks legal recognition and is susceptible to fraud. This study investigates the legal status of Lot Lidi land transactions from the perspectives of the National Land Code Act 828 and Islamic law. It also explores the rights and remedies available to the heirs of Lot Lidi land purchasers under both contemporary legal frameworks and Islamic viewpoints. The research methodology is qualitative, with data collected descriptively through a literature review and based on legal cases. The analysis is done in a content analysis based on inductive, deductive, and comparative analysis. The study found that “Tanah Lot Lidi” is a result of the current legal constraints and the social need to own real estate at a much cheaper price. The law does not recognize it because it conflicts with the requirements of the National Land Code Act 828. However, in Islamic law, the purchase gives clear rights through a trust deed that meets the requirements of a sales contract. Even if the buyer is not given title documents, his heirs are entitled to inherit the property after his death based on the valid contract. Keywords: National Land Code, lot lidi, land, Islamic law, Torrens system, registration, indefeasibility of title.
ADDRESSING LEGAL GAPS IN REGULATING TRADING IN INFLUENCE IN INDONESIAN TRADE SECTOR: COMPARATIVE LESSONS FROM FRANCE AND THE UNITED KINGDOM
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.
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)
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 indicated that Malaysia's strategic location, economic openness, and strong banking secrecy make Labuan IBFC a prime target for ML/TF activities. The study identified those weaknesses in law enforcement and financial transaction monitoring as contributing to high risks. Additionally, the research emphasises the importance of international cooperation and the use of modern technology in detecting and preventing ML/TF. The study suggested several measures to enhance enforcement effectiveness, including updating the legal framework, increasing industry awareness, and adopting a risk-based approach. The proposed policy implications aimed to strengthen the integrity and stability of Malaysia's financial system and reduce ML/TF risks at Labuan IBFC. Keywords: Money laundering, terrorist financing, offshore financial centre, Labuan IBFC, FATF, law enforcement.
EXPLORING MISCLASSIFICATION STATUS OF PLATFORM WORKERS IN MALAYSIA FOR ENHANCED EMPLOYMENT PROTECTIONS
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.
FOETAL ANOMALY: THE RIGHT TO ABORT AND THE POSSIBILITY OF A WRONGFUL BIRTH CLAIM IN MALAYSIA
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 a wrongful birth claim should there be negligence in the prenatal diagnosis by medical practitioners.
ESTABLISHING EQUALITY IN THE CORE-PLASMA PARTNERSHIP IN PALM OIL BUSINESS: THE ROLE OF THE INDONESIA COMPETITION COMMISSION
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.
ASSESSING THE STANDARD OF CARE OF DOCTORS IN EMERGENCY DEPARTMENTS
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.
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
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 decision of the Court of Appeal on civil matters from the National Industrial Court is final, therefore, there cannot be further appeal to the Supreme Court. To address the problem created by Fabunmi’s case, it is recommended that the Court of Appeal, in subsequent cases, should jettison the position taken in this case so that it will not be a precedent.
DATA PROTECTION CHALLENGES IN SMART CITIES: AN EXAMINATION OF THE MALAYSIAN LEGAL FRAMEWORK
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.