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: AN APPRAISAL OF YEMEN’S ADHERENCE TO THE TRIPS AGREEMENT STANDARDS ON CIVIL AND CRIMINAL ENFORCEMENT MECHANISMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT
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: 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: https://www.educationmalaysia.co.uk/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: 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
items: LEGAL ISSUES OF SCIENTIFIC WORKS IN THE COPYRIGHT DECLARATIVE SYSTEM IN INDONESIA AND MALAYSIA
items: GOVERNMENT ASSIGNMENT OF CONTRACTS TO STATE-OWNED ENTERPRISES TO PROVIDE INFRASTRUCTURE: INDONESIA’S EXPERIENCE
items: VALUING INDIGENOUS RIGHTS OVER FOREST GOVERNANCE IN SIX ASEAN MEMBER COUNTRIES
items: IDENTIFYING PROBLEMS AND SOLUTIONS OF THE E-COURT SYSTEM OF RELIGIOUS COURTS IN INDONESIA: AN ANALYTIC NETWORK PROCESS STUDY
items: ANALISA TERHADAP UNDANG-UNDANG PERJUDIAN DALAM TALIAN DI MALAYSIA (Analysis on the Online Gambling Laws in Malaysia)
items: SHARIAH ISSUES OF OWNERSHIP AND POSSESSION OF ASSET-BASED SUKUK STRUCTURE: A SHARIAH SCHOLARS’ PERSPECTIVE
items: ENHANCING THE LEGAL FRAMEWORK FOR SUSTAINABLE PUBLIC PROCUREMENT: A COMPREHENSIVE SUSTAINABLE DEVELOPMENT PLAN FOR INDONESIA
items: RECONCILING CONSTITUTIONAL RULES AND INTERNATIONAL LAWS: A DOCTRINAL STUDY ON THE INNOVATIVE ROLE OF CONSTITUTIONAL RECONCILIATION IN IRAQ AND EGYPT
items: LEGAL FRAMEWORK FOR E-SYARIAH AND I-SYARIAH IN JUDICIAL SERVICE DELIVERY IN MALAYSIA: ITS DEVELOPMENT AND CHALLENGES
items: FREEDOM OF INFORMATION IN MALAYSIA: INTERNATIONAL LEGAL INSTRUMENTS AND RESTRICTIONS UNDER NATIONAL LAW

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
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 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
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
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
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
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

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
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
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
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

https://www.educationmalaysia.co.uk/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
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
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
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
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
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
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
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

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
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
  topic: section
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
type: item
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
  topic: section
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
type: item
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
  topic: section
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
type: item
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
  topic: section
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

LEGAL ISSUES OF SCIENTIFIC WORKS IN THE COPYRIGHT DECLARATIVE SYSTEM IN INDONESIA AND MALAYSIA
type: item
description: This research aims to answer the following questions: First, what is the legal certainty of copyright protection in the field of scientific works in the declarative system in Indonesia and Malaysia? Second, how can rights holders prove if a dispute occurs due to copyright infringement in science? Based on copyright law, the basis for the emergence of rights and legal protection is not based on registration. However, it is based on the birth of copyrighted work, realised in a tangible form known as a declarative system. For example, creative works in science have been produced into books that may be read and used as reading material. In such a system, issues may arise concerning the certainty of legal protection and proof in the event of a disagreement. This research employs a normative approach, examining key legal documents such as statutes, rules and case decisions. According to the findings of the study, the declarative system can nevertheless provide clarity and legal protection to copyright proprietors or inventors. At the same time, proof can be done with testimony of witnesses or written evidence, but the proof will be more straightforward if the right to work is registered by obtaining a copyright registration certificate. A copyright registration certificate will provide more certainty of rights and legal protection, and is easy to prove.
subject: Articles
  topic: section
creator: Murjiyanto R
creator: Mohd Zamre Mohd Zahir
creator: Zinatul Ashiqin Zainol
creator: Erna Sri Wibawanti
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: 1
ending page: 19
doi: 10.32890/uumjls2025.16.2.1

GOVERNMENT ASSIGNMENT OF CONTRACTS TO STATE-OWNED ENTERPRISES TO PROVIDE INFRASTRUCTURE: INDONESIA’S EXPERIENCE
type: item
description: This paper aims to evaluate the peculiarities of a mechanism utilised by the Indonesian government to conduct infrastructure development, that is, the government’s assignment of contracts to state-owned enterprises (SOEs). This mechanism differs from public procurement or public-private partnership. This paper raises three questions: (1) What are the advantages and disadvantages of employing government assignment of contracts to SOEs? (2) What should be done to prevent the disadvantages? and (3) What lessons can be learned by other countries from the Indonesian experience? This paper employs qualitative legal research. It starts by analysing public satisfaction and dissatisfaction as reflected in the news, literature and interviews. The legal causes of dissatisfaction which are basically the problematic regulations, are then analysed. Finally, the legal principles and legal concepts enshrined within the regulations are examined to seek legal solutions. The advantages of the government’s assignment of contracts to SOEs are to simplify the tender process and to enable the government to quickly provide infrastructure. Nonetheless, the private sector feels aggrieved because the regulations that dictate when a project may be contracted to an SOE are unclear, and public funding is predominantly circulated among the SOE groups. To address these problems, the government should adhere to the globally recognised principles of equality and accountability and the concepts of competitive neutrality and the right to development. The bittersweet Indonesian experiences maybe not only the refinement of the Indonesian law and policy, but also their use as food for thought for any country considering infrastructure development.
subject: Articles
  topic: section
creator: Richo Andi Wibowo
creator: Karina Dwi Nugrahanti Putri
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-07-30
publication date: 2024-07-30
starting page: 675
ending page: 705
doi: 10.32890/uumjls2024.15.2.11

VALUING INDIGENOUS RIGHTS OVER FOREST GOVERNANCE IN SIX ASEAN MEMBER COUNTRIES
type: item
description: Indigenous forests and indigenous communities have always shared a deep emotional, spiritual, and practical bond. This paper aims to methodically examine the relationship between the level of rights held by indigenous people concerning indigenous forest governance and the ability of the indigenous community in ensuring the long-term viability of its ecosystems. Concurrently, in examining and discussing these issues it is hoped that it can also contribute to the survival of the indigenous people in the future. The elucidation of indigenous people’s rights in the context of indigenous forest governance is based on the empirical scrutiny of the study hypotheses, utilizing the Sikor et al. type of rights. A quantitative analysis through Somer analysis was also carried out on the comprehensive secondary data sets obtained from six selected ASEAN member countries. The findings show that the six selected ASEAN member countries have not yet been granted the third level of rights for indigenous peoples with regard to indigenous forest governance. The statistical evidence strongly suggests the urgent need in these countries to grant indigenous people rights over indigenous forest governance, both within a legal framework and in practical implementation, particularly at the definitional and allocative level of rights. The absence of such rights at the highest levels raises significant concerns about the sustainability of indigenous forests and the welfare of indigenous people across the observed ASEAN member countries.
subject: Articles
  topic: section
creator: Mohammad Jamin
creator: Sapto Hermawan
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-07-30
publication date: 2024-07-30
starting page: 585
ending page: 621
doi: 10.32890/uumjls2024.15.2.8

IDENTIFYING PROBLEMS AND SOLUTIONS OF THE E-COURT SYSTEM OF RELIGIOUS COURTS IN INDONESIA: AN ANALYTIC NETWORK PROCESS STUDY
type: item
description: Many nations are creating E-courts to simplify court operations. However, religious e-Courts take more work to execute. This study has identified religious court e-Court implementation issues and solutions using Delphi and ANP. It first employed Delphi and a literature review to interview experts face-to-face. Eight judges, I.T. workers, and attorneys from three religious court districts analysed the model using a priority scale with an Analytic Network Process (ANP). The study found that infrastructure or equipment from the application of the e-Court system is the main issue, with a geometric mean of 0.306, followed by Human Resources (0.262), the system (0.219), and regulation (0.213). Improving e-Court system regulation (0.850) and infrastructure were the primary solutions (0.770). This paper details cluster priority solutions and issues. This study suggests that the highest religious court authority focuses on infrastructure, human resources, e-Court operational systems, and associated legislations. The government must adopt the e-Court system and registration laws to encourage more active socialising. The study prioritises e-Court implementation issues in the religious courts of Indonesia.
subject: Articles
  topic: section
creator: Azhar Alam
creator: Ririn Tri Ratnasari
creator: Yusuf Wisnu Nugroho
creator: Putri Melaniya Utami
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-07-30
publication date: 2024-07-30
starting page: 645
ending page: 674
doi: 10.32890/uumjls2024.15.2.10

ANALISA TERHADAP UNDANG-UNDANG PERJUDIAN DALAM TALIAN DI MALAYSIA (Analysis on the Online Gambling Laws in Malaysia)
type: item
description: Kekerapan laporan tentang aktiviti perjudian dalam talian yang dipaparkan menerusi media cetak dan elektronik menunjukkan bahawa tindakan segera perlu diambil untuk mengatasi gejala ini di Malaysia. Namun begitu, undang-undang substantif sahaja tidak memadai untuk menangani situasi ini kerana penguatkuasaan yang efektif adalah sama penting untuk mengawal berlakunya pelanggaran undang-undang tersebut. Oleh itu, artikel ini mempunyai objektif untuk menjalankan penyelidikan awal terhadap undang-undang sedia ada dan isu-isu yang berkaitan dengan perjudian dalam talian di Malaysia. Di samping itu, penulisan ini juga bertujuan mencungkil kesedaran tentang isu-isu yang timbul akibat wujudnya kelompangan dalam undang-undang tersebut. Penulisan ini bertujuan mengesyorkan hala tuju bagi penyelidikan-penyelidikan akan datang berkenaan perjudian dalam talian di Malaysia. Artikel ini menggunakan kerangka kajian perundangan tulen yang bersifat kualitatif, iaitu data-data dikumpulkan melalui kajian perpustakaan dan temu bual untuk meneroka isu-isu berhubung dengan perjudian dalam talian di Malaysia. Pendekatan analisis kritikal telah diguna pakai dalam menganalisis data daripada penulisan, jurnal, berita dan rujukan lain yang terdahulu berkaitan dengan perjudian dalam talian. Kajian ini mendapati bahawa undang-undang perjudian dalam talian agak ketinggalan dan hal ini dikenal pasti sebagai suatu kelompangan. Selain itu, hasil kajian ini menunjukkan bahawa pindaan terhadap Akta Rumah Perjudian Terbuka 1953 perlu dilakukan segera untuk membantu agensi penguatkuasaan mengatasi krisis ini. Abstract An increase in print and electronic media headlines highlighting the prevalence of illegal online activities indicate that immediate action should be taken to combat this issue in Malaysia. However, substantive law alone is insufficient to address the current situation, as effective enforcement is equally important for monitoring the violation of these laws. Hence, the objective of this art…
subject: Articles
  topic: section
creator: Sahanah Kathirvelu
creator: Mohamad Rizal Abd Rahman
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-01-31
publication date: 2024-01-31
starting page: 329
ending page: 360
doi: 10.32890/uumjls2024.15.1.14

SHARIAH ISSUES OF OWNERSHIP AND POSSESSION OF ASSET-BASED SUKUK STRUCTURE: A SHARIAH SCHOLARS’ PERSPECTIVE
type: item
description: Sukuk serves as an instrument in the global Islamic financial market, which has experienced expansion in recent years. Despite this notable growth, Sukuk encounters Shariah-related concerns pertaining to the possession of underlying assets. This study investigates the Shariah perspective on Sukuk investors without full ownership or possession of the underlying asset under asset-based Sukuk. This study adopted a qualitative method and used primary and secondary data sources. Primary data was gathered from eight participants through semi- structured interviews with Shariah experts in Malaysia and Nigeria. NVivo 10 was used the analyse the data thematically. This study used relevant resources such as respected journals, textbooks, newspapers, and other relevant sources for secondary data. Our findings show that the Sukuk holders must take possession of underlying assets during the duration of the project. Therefore, it is illegal for a person to sell assets that he or she does not own. A complete ownership transfer must occur, allowing Sukuk investors to lease the asset back to the government or issuer. The findings also reveal that the legal system of the country where the Sukuk was issued is one of the factors that restricts investors from receiving the underlying asset of Sukuk, particularly in asset-based Sukuk. The study’s consequences include that the stakeholder’s isuue is Sukuk under Shariah legislation, attracting investors to participate in Shariah-compliant investments. Moreover, it is recommended that investors use underlying assets during Sukuk projects to avoid gharar.
subject: Articles
  topic: section
creator: Ibraheem Alani AbdulKareem
creator: Mohd Sadad Mahmud
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-01-31
publication date: 2024-01-31
starting page: 171
ending page: 196
doi: 10.32890/uumjls2024.15.1.8

ENHANCING THE LEGAL FRAMEWORK FOR SUSTAINABLE PUBLIC PROCUREMENT: A COMPREHENSIVE SUSTAINABLE DEVELOPMENT PLAN FOR INDONESIA
type: item
description: The concept of “sustainable public procurement” has emerged worldwide. It instructs governments to prioritize sustainability throughout the procurement process in the economic, social, and environmental aspects. Such a concept is significant as the government has an enormous purchasing power to stimulate the market. Nonetheless, past empirical research indicates that in the context of Indonesia, the country has not addressed several vital issues on sustainable public procurement despite the worsening environmental degradation. There have been no specific guidelines and capacitybuilding system established for government officers. Therefore, this paper aims to discuss this problem from the perspective of law and suggest the necessary improvements in the legal framework, utilizing normative legal research methods focusing on the applicable laws. Through a comparative approach, using statutes and conceptual frameworks, this study examines the Indonesian current legal instruments governing sustainable public procurement. Several other countries will be used as exemplars of best practices. This research finds that the legal framework of sustainable public procurement in Indonesia is relatively inadequate compared to other countries, particularly regarding guidelines for implementation and institutional cooperation. In addition to its Presidential Regulation Number 12 of 2021, Indonesia should strengthen the planning, monitoring, and enforcement mechanisms through strategic overarching plans and further regulations to foster the effective implementation of a system of sustainable public procurement.
subject: Articles
  topic: section
creator: Rizky Amalia
creator: Faizal Kurniawan
creator: Hilda Yunita Sabrie
creator: Wilda Prihatiningtyas
creator: Yosua Putra Iskandar
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-07-30
publication date: 2024-07-30
starting page: 505
ending page: 527
doi: 10.32890/uumjls2024.15.2.5

RECONCILING CONSTITUTIONAL RULES AND INTERNATIONAL LAWS: A DOCTRINAL STUDY ON THE INNOVATIVE ROLE OF CONSTITUTIONAL RECONCILIATION IN IRAQ AND EGYPT
type: item
description: This research employs a doctrinal study methodology to investigate the conflict between constitutional rules and international rules, emphasizing the emerging jurisdiction of constitutional reconciliation. Through case studies in Iraq and Egypt, the study seeks to identify crucial criteria for addressing conflicts within the legal framework. A systematic analysis of legal principles, precedents, and existing literature provides a comprehensive understanding of the intricate dynamics involved in resolving conflicts between constitutional provisions and international rules. The research delves into nuanced conflicts arising in the absence of specified applicable laws in constitutional provisions, particularly where international treaties intersect with or deviate from domestic legislation. It aims to elucidate the mechanisms employed by domestic judges, utilizing constitutional reconciliation, when confronted with conflicts between provisions in domestic law and those in treaties. The central inquiry focuses on determining the prevailing legal framework—domestic law or international treaty—with constitutional reconciliation emerging as a novel jurisdiction to rectify such conflicts. In addressing the conflict between constitutional rules and international rules, the study aims to develop an effective resolution mechanism, underscoring the importance of constitutional reconciliation to harmonize international law with domestic legal frameworks. Grounded in a comprehensive understanding of international law regarding the authority of constitutional judges, the analytical method is complemented by the doctrinal study. By integrating the jurisdiction of constitutional reconciliation into the methodology and employing Iraq and Egypt as case studies, this research contributes to a nuanced comprehension of how constitutional judges can navigate and harmonize the interplay between domestic and international legal frameworks. This approach ensures the preservation of both sets…
subject: Articles
  topic: section
creator: Ahmed Oudah Mohammed AL-DULAIMI
creator: Mohammed Abd Abas Al-Esawy
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-07-30
publication date: 2024-07-30
starting page: 483
ending page: 504
doi: 10.32890/uumjls2024.15.2.4

LEGAL FRAMEWORK FOR E-SYARIAH AND I-SYARIAH IN JUDICIAL SERVICE DELIVERY IN MALAYSIA: ITS DEVELOPMENT AND CHALLENGES
type: item
description: The electronic technology transformation within the Syariah Court management system in Malaysia has created a new dimension which is geared towards a more efficient, comprehensive, and allinclusive Syariah Court service delivery process. This research aims to analyse the challenges in developing this Syariah Court management system, namely the e-Syariah system implemented at the Federal level and the i-Syariah system which is applicable in Sarawak. An in-depth investigation was conducted on the modules developed in the e-Syariah and i-Syariah systems to obtain inclusive research information on the areas of concerned. A qualitative research method was employed to explore the progressive challenges in developing the e-Syariah and i-Syariah systems, and this was followed by a comparison of the systems applied by the Civil Courts and the contents of the system applied by the Syariah judiciary institutions in Malaysia. The findings revealed several challenges in developing the Syariah Court management system in Malaysia from the perspective of legal provisions, as well as information and communications technology (ICT). This matter has been viewed positively by the Department of Syariah Judiciary Sarawak (JKSS) and the Department of Syariah Judiciary Malaysia (JKSM), leading to the close cooperation with the Sarawak Information System Sdn. Bhd. (SAINS) in developing i-Syariah and e-Syariah to be applied in the Civil Courts. An upgrade of the e-Syariah system was carried out by the JKSM to respond to the challenges of digital technology applications in Malaysia, hence enabling the delivery of Syariah judiciary service that can be implemented successfully, systematically, and dynamically.
subject: Articles
  topic: section
creator: Zulzaidi Mahmod
creator: Ahmad Hidayat Buang
creator: Mohd Sufi Mohd Rani
creator: Mohd Norhusairi Mat Hussin
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-07-30
publication date: 2024-07-30
starting page: 559
ending page: 584
doi: 10.32890/uumjls2024.15.2.7

FREEDOM OF INFORMATION IN MALAYSIA: INTERNATIONAL LEGAL INSTRUMENTS AND RESTRICTIONS UNDER NATIONAL LAW
type: item
description: The acceptance of Freedom of Information (FOI) as a fundamental mechanism for enhancing accountability and transparency in the public sector is widely recognized. Numerous international legal instruments (Conventions) have advocated for the establishment and enforcement of legal frameworks pertaining to the FOI. The FOI legislation serves two essential functions, namely enhancing democratic engagement and mitigating corruption within the public sphere. Despite the acceptability of FOI on the global stage, Malaysia lacks a comprehensive legal framework to address the right to access information, except for Selangor and Penang. Additionally, there are various national legislations that hinder the exercise of FOI. This article’s objective is to examine the use of the FOI concept within the framework of international legal instruments as well as the challenges posed by Malaysian national laws that impose limitations on its implementation. The objective is achieved by employing a doctrinal methodology that incorporates international legal instruments as well as Malaysia’s legislations (Constitution, Acts and Enactments) pertaining to the FOI. The findings show the restrictions under national law make it difficult to implement FOI legal regimes in Malaysia. This paper argues that implementing FOI can only be materialized through a comprehensive review of existing laws and administrative structure reform by adapting universal standards on FOI as stated under international legal instruments. This article serves as guidelines for policymakers intending to address FOI as the anti-corruption mechanism in public sectors. Moreover, recommendations are made for the implementation of FOI into Malaysia’s domestic laws.
subject: Articles
  topic: section
creator: Khairul Anuar Abdul Hadi
creator: Rohana Abdul Rahman
creator: Zainal Amin Ayub
rights: Copyright (c) 2024 UUM Journal of Legal Studies
date: 2024-01-31
publication date: 2024-01-31
starting page: 221
ending page: 247
doi: 10.32890/uumjls2024.15.1.10