29 research outputs found

    Whistleblowing protection and freedom of speech: Finding respect at the workplace

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    Does the whistleblower have a place in business and organizations? Being a controversial figure the whistleblower’s journey is full of obstacles. The term is taken from the actions of the English police officers or “bobbies” out on their police beats reacting to the discovery of a commission of a crime where they would blow their whistle. This immediate reaction is to alert the public and other police officers of danger within their midst. Another analogy that could also be the origins of the term is the act of the referee or umpire of a football game who would blow the whistle upon discovery or seeing a foul committed by players in the game. Simply put whistle blowing is an act of correcting once a discovery of wrongdoing has been exercised. The act of a whistleblower is an expression of an important right that is the right to free speech. When an employee voices his concerns over certain issues internal to the organization he/she is exercising a right to freely voice matters that is important for the organization to look into. Even though organizations have the privilege to ignore but choosing such a cause may not be a wise move

    The role of UNCITRAL in regulating e-contract in the emerging e-commerce

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    ICT and the Internet is indeed a dynamic nature that are constantly changing and moving at a fast pace.In this environment, e-commerce has become a dominant factor in commercial transactions and business arrangements. This is a multimedia environment encompassing borderless, intangible, faceless and metaphysical world that defies traditional concepts of space and time.It converges computing, broadcasting and telecommunication with interactive capabilities. Along with the cross-border communication and global economy, is the arising of legal issue such as e-contract, that is, contracts entered into by parties via the digital networks.This paper is a study of the role of legislative implementation, in particular, the United Nations Commission on International Trade Law (UNCITRAL) in regulating e-contract in the emerging e-commerce.The realm of e-contract specifies the contracting parties dealing in a cyberspace situation.The circumstances surrounding on-line agreement (or e-contract) vary vastly to the paper-based contract function, which sometimes become a barrier to e-commerce transactions.The UNCITRAL is set up to harmonise legal contracting issues arising from contracts entered via electronics medium.Thus, this study is essential in this unchained globalisation environment.The relation between contract, e-contract, e-commerce and e-commerce law are defined before specifying legal issues pertaining to e-commerce which regulates e-contract. After a brief definition and introduction of the UNCITRAL, the main highlights will be on the role of the UNCITRAL in order to see whether it is bridging or creating the gaps between the laws of e-commerce between states and its effects on e-contract

    Kuasa surat

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    Zaman sekarang kita sudah tidak ambil kisah tentang surat.Malah ada daripada kita sudah lama tidak menjejakkan kaki ke pejabat pos, atau sudah lama tidak melihat setem kerana segala urusan komunikasi dilakukan secara elektroni

    Inculcation of ICT in Malaysian syariah courts

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    This paper explores the integration of Syariah Courts of various states in Malaysia for reasons of standardisation via the inculcation of information and communication technology (ICT).Methodology used is librarian and archived legal search with review on binding precedent decisions and exploratory discussions on major reported cases.It first introduces the legal system in Malaysia with focuses on the Syariah Courts.This is follows by an explanation on the inculcation of e-Syariah initiative by the judiciary.The next component is discussions on the inculcation of e-Syariah initiative and the interfaced problems with legal jurisdictions of the courts.It concludes with overall overview of inculcation of ICT in lieu with the legal frameworks

    The impact of E-networking technology in Malaysian syariah justice system

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    E-networking technology is being developed nationwide through several phases to clear up backlog cases in courts. Ultimately, the implementation of e-networking technology which expands its infrastructure connection and services will ease administration and trials conducted in the courts. This includes various technologies, such as broadband wireless, which can accommodate higher capacity and also satellite transmission to cover a wider area, not only in the e-government for the civil servants but also to connect to the public and private sectors. The Judiciary which controls the justice system is the branch of government which administers justice according to the law. (Queensland Parliament, 2015). Judiciary acts as a platform to protect and enforce the rights of the individuals and punish the wrong-doers and the function is called the administration of justice. Transparent information system and good records management indirectly hinder the misuse of power or corruption, case postponement and delayed decision in the judicial delivery and management, which also reflects the good image of judiciary system and upholds the rights of individual and society at large ((Nurul Aiqa M. Z., Wan Satirah W. M. S. & Saiful Farik M. Y., 2017; Wan Satirah W.M.S. & Abrar H., 2012)

    Regulatory Framework in Cyber Crime Laws

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    Regulatory framework in cyber crime laws

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    The technology age has assimilated each and every one of us in one way or another.With the growth and widespread use of technology information (IT), we have witnessed and shared the fruition of its many new applications, e-commerce and business opportunities.There has also been a corresponding upsurge of a new generation of crimes known as cyber crimes.Cyber crimes or computer crimes are harmful acts committed from or against a computer or network or against information on computers or network.This paper attempts to describe the growing danger and rise of cyber crimes throughout the nations since cyber crimes are transnational nature of cyberspace.The highlight will be on the types of cyber crimes and the current laws available to combat these crimes. By understanding the crimes and the laws governing them, we would be able to appreciate some of the common threats that are often neglected or taken for granted.This paper will end with some recommendations to curb the issues raised

    Perlukah Akta Hasutan bagi menjamin perpaduan kaum di Malaysia? Is Sedition Act needed for maintaining racial stability in Malaysia?

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    Sedition Act 1948 is a Malaysian law that provides sentence for seditious acts. However, there was a suggestion to abolish this Sedition Act because it hinders the freedom of speech and thus contrary to Article 10 of the Federal Constitution. Nonetheless, freedom of speech should has a limitation.The methodology of qualitative research is done with the use of analytical study of case laws, provisions of law and literature review.The objectives of research are for better understanding of the needs, applicability, obstructions and impacts facing the implementation of Sedition Act in Malaysia.Research findings showed that from the substantive and procedural aspect, Sedition Act has been in practice since the British occupation for the purpose of keeping the unity of people.Research findings also narrowed down to the difficuilties in applying a complete and correct understanding regarding sedition act in a muti racial society with varies religions.This working paper concluded that the implementation of Sedition Act in Malaysia is needed as the provisions in the Act are able to uphold and protect the national unit of multi racial in Malaysia

    Fahami maksud harta sepencarian

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    Penceraian memang sesuatu yang perlu dielakkan. Tetapi, jika ia tetap hadir dalam hidup mana­mana pasangan suami isteri perkara ini perlu ditangani secara berhemah kerana membabitkan kepentingan banyak pihak

    The ramification of technology initiatives in Syariah Courts

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    Case settlement suffered hindrance due to legal technicalities and legal jurisdictions in the Syariah Courts. Thus, technology initiatives were inculcated as administrative reforms in upgrading the quality of services of Syariah Courts in all states.This paper explores these technology initiatives in reducing a backlog of cases by improving and standardizing record management system in the Syariah Courts. A qualitative legal interpretive method was used which focused on the understanding of the contextually reported binding precedents with the review on relevant statutes. The paper concluded with an overview of the ramification of technology initiatives in lieu of legal jurisdictions that are best suited for better adjudication in terms of providing fair and adequate justice to the parties
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