Living a corporate lifestyle: The application of 'body corporate' under Islamic institutions in Malaysia

Businesses are not alien to Islam for it has been the practice of Prophet Muhammad p.b.u.h. The Holy Prophet himself was a successful trader. In Islam, particularly the Arab countries, they refer the entity carrying out the businesses and commercials as ‘syirkah’ vis-à-vis corporation or company under Western concept. Whilst the Western distinguishes company from partnership, syirkah in Islam refer to both company and partnership.Nevertheless, the different types of these syirkah are reflected in the diversity of their categories, which comprised of al-‘inan, al-abdan, mudharabah, wujuh and mudharabah. The essential part of a syirkah is that it is contractbased,where individuals came together and entered into a contract with an agreement to distribute the profits amongst themselves. Individuals are the backbone of a syirkah in Islam. Whereas, a company in the conventional system focuses on the concept of body corporate rather than natural human being, i.e. individuals. In this modern world, the applications of the notion ‘body corporate’ are also integrated into some of Islamic institutions including those that were established in Malaysia. The Islamic institutions are now leading a corporate way of lifestyle. This paper will highlight some of the Islamic institutions in Malaysia and the analysis of legal provisions which set them up as corporate entities. In the same parallel also, the author will identify the rights and criteria arising from such body corporate – and the Islamic perception on such corporate lifestyle

Persons with Disabilities Act 2008: the economic promises for people with disabilities?

People with Disabilities (PWD) remain neglected in many areas including employment. Their unemployment rate is significantly high when compared with those without Disabilities. Severe unemployment and poor wages ended majority of them live in poverty.PWD are suffering discrimination, social exclusion and prejudice. Realizing this fact and the needs for empowering their economy, life, wellbeing and social inclusiveness, PWD’s rights has been exclusively acknowledged through the legislation namely Persons with Disabilities Act 2008 (the Act). This paper focuses on the laws and policies of the government of Malaysia in relations to the economic right of PWD that is employment.Special attention is given to the provisions relating to the “access of employment” as elaborated through the provisions of the Act. Discussion is also imparted on the policies and initiatives of government in supporting the position of disabled persons in employment. In examining this right, a doctrinal research approach is utilized whereby descriptive and exploratory studies are undertaken in order to describe the legal provisions and policies, as well as to determine the problems.The authors conclude that some parts of the law need to be reviewed for the empowerment and progress of the PWD.Believing that substantive law alone is inadequate in ensuring economic right of PWD, proper actions and appropriate plans are necessary to further enhance PWD’s right and their surroundings

The impact of international terrorism on the right to personal security in Iraq after 2003

Hardly a day passes by without news of a terrorist bombing, kidnapping, or assassination somewhere in the world especially in Iraq. Terrorism has become a cancer and it is not in the interest of the nations, because it takes away their right to personal security.Following the event of September 11, there have been violations of international conventions and usages, human rights, which prompted countries globally to come up with laws to protect civil freedoms. In the context of Iraq, the Government came up with the Iraqi Anti-Terrorism Act No.13 of 2005 and the Iraqi Constitution of 2005 to address the issue of terrorism.The aim of this paper is to address the impact of international terrorism on the right to personal security in Iraq after 2003. The methodology adopted in this paper is a doctrinal legal research, focusing namely on primary and secondary data. This paper concludes that international terrorism has indeed affected the Iraqis right to personal security after 2003. Hence, there is a need to protect this fundamental right by re-looking into the Iraqi Anti-Terrorism Act No.13 of 2005. For instance, under the Act there is no clear definition of the terms “terrorism” and “terrorist act”. This has led to serious problems in the enforcement of the Iraqi Anti-Terrorism Act No. 13 of 2005 such as the abuse of the right to personal security where innocent Iraqis are deprived to enjoy this fundamental right at the disguise of fighting terrorism by the state, which is not even clearly defined under the Act

Reconstruction of The Vice Regent’s Position in Optimization of Regional Autonomy: Realizing Democratic and Justice Values

The ambiguity of the Deputy Regent's position in local government makes the Deputy Regent's position often underestimated. The Deputy Regent is perceived as a subordinate of the Regent even though the Regent and Deputy Regent are both directly elected by the people. This study aims to reconstruct the Deputy Regent's position in order to optimize regional autonomy while at the same time embodying the values ​​of democracy and justice. This research is doctrinal research, prioritizing conceptual and statutory approaches. The results of the study confirmed that the weak position of the Deputy Regent compared to the Regent in carrying out his duties was caused by two factors, namely the juridical factor in the form of the absence of special arrangements regarding the duties and powers of the Deputy Regent, and from non-juridical factors, which is a political factor that placed the Deputy Regent as the Regent's subordinate. Efforts to realize the values ​​of democracy and justice for optimizing regional autonomy can be carried out by reconstructing the authority of the Deputy Regent by strengthening the proportional distribution of authority between the Regent and Deputy Regent

POLEMIC ON THE DISSOLUTION OF MINISTRIES: AN OVERVIEW OF THE PRESIDENTIAL SYSTEM IN INDONESIA

The purpose of this study is to find out the strengthening of the President's authority and identify polemics that have arisen related to the dissolution of ministries based on a review of Law Number 39, 2008. This study used a normative qualitative approach. The research was conducted at ministry and official agencies, as well as several activists at state studies institutions in the provinces of South-Sulawesi and West-Sulawesi. This research applies legal material collection techniques through documentation or literature studies and interview techniques. The results of the analysis show that in the process of forming a cabinet, good cooperation between the two institutions is needed to reach agreement and consensus. Intense communication and dialogue between the president as the head of the executive and parliament as the legislature helped to reach a consensus on the composition of the cabinet which was considered effective and capable of obtaining sufficient political support. The polemic that occurred was due to the lack of transparency in public participation, as well as collaboration between government agencies in the preparation and ratification of laws and regulations. Keywords: Government Cabinet, Presidential System, Constitutional Court

POLEMIC ON THE DISSOLUTION OF MINISTRIES: AN OVERVIEW OF THE PRESIDENTIAL SYSTEM IN INDONESIA

The purpose of this study is to find out the strengthening of the President's authority and identify polemics that have arisen related to the dissolution of ministries based on a review of Law Number 39, 2008. This study used a normative qualitative approach. The research was conducted at ministry and official agencies, as well as several activists at state studies institutions in the provinces of South-Sulawesi and West-Sulawesi. This research applies legal material collection techniques through documentation or literature studies and interview techniques. The results of the analysis show that in the process of forming a cabinet, good cooperation between the two institutions is needed to reach agreement and consensus. Intense communication and dialogue between the president as the head of the executive and parliament as the legislature helped to reach a consensus on the composition of the cabinet which was considered effective and capable of obtaining sufficient political support. The polemic that occurred was due to the lack of transparency in public participation, as well as collaboration between government agencies in the preparation and ratification of laws and regulations. Keywords: Government Cabinet, Presidential System, Constitutional Court

POLEMIC ON THE DISSOLUTION OF MINISTRIES: AN OVERVIEW OF THE PRESIDENTIAL SYSTEM IN INDONESIA

The purpose of this study is to find out the strengthening of the President's authority and identify polemics that have arisen related to the dissolution of ministries based on a review of Law Number 39, 2008. This study used a normative qualitative approach. The research was conducted at ministry and official agencies, as well as several activists at state studies institutions in the provinces of South-Sulawesi and West-Sulawesi. This research applies legal material collection techniques through documentation or literature studies and interview techniques. The results of the analysis show that in the process of forming a cabinet, good cooperation between the two institutions is needed to reach agreement and consensus. Intense communication and dialogue between the president as the head of the executive and parliament as the legislature helped to reach a consensus on the composition of the cabinet which was considered effective and capable of obtaining sufficient political support. The polemic that occurred was due to the lack of transparency in public participation, as well as collaboration between government agencies in the preparation and ratification of laws and regulations. Keywords: Government Cabinet, Presidential System, Constitutional Court

Malaysian Electronic Commerce Act 2006 and EU directives: Consumer protection perspectives

European Union (EU) has given directives as a guiding framework for enactment of laws to facilitate the growth of e-commerce contract and transaction in that region. Malaysia has enacted Electronic Commerce Act 2006 to smoothen the progress of e-commerce in Malaysia.Though section 2(1)(g) of Consumer Protection Act 1999 has been deleted to include consumers’ transaction electronically, Electronic Commerce Act is still important in governing the online contract as a whole.This article will seek to highlight the similarities and differences between the Electronic Commerce Act 2006 and the EU Directives on certain issues of online contracting which relate to consumer protection

HARMONIZATION OF ASEAN LAWS ON PROTECTION OF MIGRANT WORKERS AGAINST HUMAN TRAFFICKING

The realization of ASEAN Community 2015 opens a hope of a new era for migrant workers amongst its member countries. The hope is on the comprehensive legal protection for migrant workers against injustice as well as trafficking in the ASEAN Communities. This article aims to looks into the legal framework within few ASEAN countries that provides protection for migrant workers against injustice and human trafficking, and the available recourse to justice for them in case they become the victim of human trafficking. Malaysia becomes the case study as lesson learnt. Doctrinal methodology is adopted in this article. It is found that, in regards to protection of migrant workers, despite the establishment of ASEAN Community 2015, the laws on this regard are scattered. A few members of ASEAN Community are reluctant to embed the protection of migrant workers into their national laws. Also, it is found that ASEAN country like Malaysia has the laws at national level to curb human trafficking of migrant workers. However, though the laws seem to be comprehensive, the effectiveness of its implementation and enforcement of the laws are yet to be seen. It is suggested that the laws on protection of migrant workers to be harmonized and standardised between members of ASEAN Community and the cooperation within members of ASEAN should be enhanced at every level

Workplace privacy in Malaysia: A legal comparison

The rapid growth of the information and communication technology has made it possible for everyone to search information, gain knowledge, and generate eficiency in their work in such a way that we never dreamed of a decade ago.Another shift has occurred in the digital world where it reflects a growing interest in new surveillance technologies, be it relating to personal or company's data. This interest is based on various reasons; it enables the companies to monitor work performance, maintain employees' discipline and productivity, and introduce e-commerce transaction in the company. Those new technologies include video surveillance, smart card, face recognition, and biometrics. Many countries are also developing new identification and authentication systems, such as smart cards and digital identification cards. Austria is promoting a new social security smart card; Singapore also created "SingPass' and Malaysia has established "Mykad", a universal purpose ID card. These collections of data have significant importance regarding the issues of its security and individual privacy. Furthermore, the Malaysian Federal Constitution does not specifically recognise privacy as one of the fundamental rights and the Personal Data Protection Bill is yet to be enforced. As such, this paper will discuss the extent of protection available to the workers relating to their privacy under related laws in Malaysia