International Islamic University Malaysia (IIUM) Law Journal
Not a member yet
297 research outputs found
Sort by
USE OF FORCE OR DIPLOMATIC INTERVENTION: ASSESSING THE BLOCKADE OF QATAR
Full text link
The coordinated blockade of the State of Qatar by some of its neighbours in June 2017 has raised questions on the sovereignty of the state and the extent to which coercion is allowed in international law. This article considers the reasons behind the blockade and the subsequent demands by Qatar’s neighbours. It evaluates the blockade of Qatar based on the twin principles of international law: the prohibition on the use of force and non-interference in the internal affairs of other nations. The article argues that the language of article 2 (4), read together with the purposes of the United Nations (UN), render any forcible attempt to coerce a sovereign state into surrendering its sovereignty illegal. The article also considers the debate on whether economic and political coercion amounts to force. It submits that the coordinated blockade and the subsequent “13 points” demands threaten Qatar’s sovereignty, because the blockade contravenes the purposes of the UN. The article also argues that the blockade amounts to an interference in the internal affairs of Qatar, even if economic or political coercion are not considered as force. The article finds that the blockade does not categorically amount to a threat or use of force; but it certainly violates the principle of non-intervention as enshrined in the UN Charter
THE AMENDMENT TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: RECONCILING THE IRRECONCILABLE
Full text linkThis article examines the ramifications of the recent amendment to the Law Reform (Marriage and Divorce) Act 1976 (Act 164) in protecting the wellbeing of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed substantial reforms to section 51 of Act 164 pertaining to the divorce on the ground of conversion, increasing the age limit for child maintenance and adopting more flexible principles in dividing matrimonial assets. However, the focus will be on the impact of the amendment to section 51 of Act 164 due to its significant in changing the landscape of legal arguments pertaining to jurisdiction of the court in dealing with the subject matter in dispute, ranging from the divorce and other intense arguments pertaining to maintenance of wife, child custody and religious status of children. The study adopts qualitative study in elucidating relevant documents that comprised of statutory laws, articles in legal journals and decided cases where arguments leading to the need for the reform of those affected issues were well addressed. Certain aspects of Islamic jurisprudence will be referred to and analysed in searching for authoritative and practical legal arguments within the existing legal framework. Harmonisation of law is adopted whenever applicable when dealing with the resolution of conflict of laws. It is hoped that this study will provide constructive argument and invaluable source of reference for the Malaysian civil court in disposing of interfaith family disputes when the law is fully enforced
CLAIMING ENHANCED EARNING CAPACITY IN MATRIMONIAL PROPERTY DISPUTES: LESSONS FROM NEW ZEALAND
Full text linkUpon divorce, the economic disparities between the spouses are usually disputed where the non-acquiring spouse is left with little or no matrimonial property. This article discusses the application of the enhanced earning capacity principle as practiced in New Zealand in order to examine possible adoption in Malaysia. Analysis of New Zealand’s judicial decisions is made in order to identify approaches in determining future assets as matrimonial property to compensate for the economic disparity between spouses. The article proceeds to consider applications of those principles by the Malaysian courts under Section 76 of Law Reform (Marriage and Divorce) Act 1976. Considering this issue, it is found that the enabling statute is New Zealand’s Property (Relationships) Amendment Act 2001 recognizes that upon divorce, the enhanced earnings acquired during the marriage are subject to a division on the basis that the other spouse has also directly or indirectly contributed to compensate the economic disparity suffered by the referred spouse. The case law analysis is conducted on selected cases merely to justify on the enhanced earning capacity distributed as matrimonial property in New Zealand. Undoubtedly, the claim on enhanced earning capacity as the matrimonial property will compensate the spouse if his or her living standards and income become significantly lesser than the other party due to divorce
THE RESPONSIBILITY IN PROTECTING THE ROHINGYA REFUGEES IN ACEH PROVINCE, INDONESIA: AN INTERNATIONAL REFUGEES LAW PERSPECTIVE
Full text linkThe coast of western Indonesia (Aceh province) has been the entrance for Rohingya refugees since 2012. At the beginning of 2020, the Rohingya refugees continued to arrive, although some of them have been resettled and transferred to the third countries. The Indonesian government rejected a large number of Rohingya refugees because there were no lex specialis in the Indonesian immigration arrangement related to asylum seekers and refugees. Historically, Indonesia was a country with commitment and experiences in dealing with refugees, however to date, Indonesia refused to become a party to the 1951 International Refugee Convention and 1967 Protocol on Refugees. Hence, there is no legal standards of the refugee management in Indonesia, and thus it complicates the management of the incoming Rohingyas. Responding to such issue, the government has issued the Presidential Regulation Number 125 of 2016 concerning the foreign refugee management to provide a temporary legal standard for all forms of refugee protection in Indonesia. However, such regulation has yet to comprehensively settled the management of the Rohingya people in Indonesia, particularly in Aceh province. This paper strongly advocates the Indonesian government to ratify the 1951 International Refugee Convention as to protect and settle the refugee under the non-refoulment principle which is fundamentally referred to humanitarian values
WHY CSR IS RELEVANT TO ENVIRONMENTAL PROTECTION? A STUDY OF CSR PERFORMANCE ON INDONESIAN LIMITED LIABILITY STATE-OWNED COMPANIES
Full text linkNowadays, companies are not only required to provide information on financial accountability but also about corporate performance related to environmental and social activities to promote shareholder values and sustainable practices. In Indonesia, corporate social and environmental responsibility is an emerging and relatively new concept in terms of practices, economic and political aspects. This paper aims to investigate the performance of the social and environmental responsibility of three limited liability state-owned companies in Indonesia and covering the company’s reports, namely annual report, CSR report, and sustainability report. The study concluded that there is a significant relation between CSR activities, social and environmental protection on Indonesian limited liability state-owned companies, both in relation to legal obligation, as well as relating to company’s commitment to show environmentally good behaviour through CSR activities
IMPLEMENTATION OF THE LAW AND POLICY IN PROTECTING AND MANAGING THE KRUENG PEUSANGAN WATERSHED, ACEH PROVINCE, INDONESIA
Full text linkThe Krueng Peusangan watershed in the Aceh Province, Indonesia, has an important role in the daily life of residents in the surrounding areas. The watershed serves as a supply of clean water, shelter, food sources, and sources of income for hundreds of thousands of people. Forest encroachment activities, mining, plantations, and land conversion have interrupted the watershed balance. These various activities cause threats of loss of forest area, biodiversity extinction, water crisis, flooding, human-animal conflict, and also global warming and food crisis. Therefore, this article analyses the law and policies issued by the Central, Provincial, and Regency/City Governments related to the management of the Krueng Peusangan Watershed and to examine the legal framework needed for watershed protection and management. This type of research is normative legal research using the regulatory, conceptual, and case approaches. The results revealed that the existing legal framework has not fully protected watershed rescue. The policies issued are still partial and have not been integrated on a regional or sectoral basis. This paper suggests that the Government of Aceh and Regency/City Governments to revise several Qanun, i.e., the Mid-Term Development Plan Qanun, the Watershed Management Qanun, Strategic Environmental Assessment Qanun, Qanun of Environmental Protection and Management Plan, and laws and regulations in the environmental, forestry, plantation and mining sectors
REGULATING COMPENSATION FOR THE PROTECTION OF TRADITIONAL FISHERMEN AFFECTED BY POLLUTION IN INDONESIA
Full text linkIndonesia is known as a maritime state which is associated with marine and fisheries activities. The existence of a harbor, such as the Port of Belawan in Medan City, often causes conflicts in the issue of marine fisheries, especially related to sea pollution. This article investigates the implementation of compensation when traditional fishermen are affected by environmental pollution, especially tankers, its opportunities and challenges in the Indonesian legal context. This study employed a normative and empirical approach, covering the study sites of North Sumatra and Riau Islands Province, which share the border with the Malacca Strait. To date, there are no rules regarding compensation for fishermen, however, there are some embryonic mode such as the existence of experienced human resources from the Environmental Agency of Riau Islands Province in the implementation of compensation for traditional fishermen affected by pollution of the marine environment. This study encourages the local government (i.e., the provincial government) to give more attention related to the compensation for traditional fishermen who are affected by pollution of the marine environment in the form of Regional Regulations or other policies
PREVENTING CHILD TRAFFICKING BY CUSTOMARY INSTITUTIONS AND LOCAL WISDOM IN ACEH PROVINCE, INDONESIA
Full text linkThis paper aims to explain the causes of child trafficking in Indonesia and the efforts made by the Customary Institutions in preventing Child Trafficking in line with local wisdom values. This paper adopts normative juridical research by using the data collected through library research on regulations for child trafficking. The approach used is the historical approach and the conceptual approach. The role of Customary Institutions in Aceh and community involvement to prevent acts of violence and child exploitation is provided in the local law. The position and function of the Aceh Customary Institutions are dominant and can be used as a model of prevention of trafficking in children. Local wisdom is traceable in society despite some of these basic values are fading due to globalization and consumerism
HEALTH AND HUMAN RIGHTS WITHIN THE CONTEXT OF INTERNATIONAL HUMAN RIGHTS LAWS AND THE MALAYSIAN CONSTITUTION
Full text linkHealth rights, unlike political and economic rights, until recently has not received sufficient attention that it truly deserves despite being equally important as other aspects of human rights. It is timely that the right to health be given serious attention and more coverage by the media, legal fraternity and the authorities as well as by the public at large. Unfortunately, the Malaysian Constitution does not have any express provision which recognizes health right and no laws in the country so far acknowledged such right. Hence, this research is done to supplement the gap. This is a legal research which applies qualitative approach focusing on rights relating to private and public health. It is a doctrinal and jurisprudential study and examines international and national laws, especially the Malaysian Constitution. Health is essential for a good life of any human being. Without it a person cannot have a quality life. Although it cannot be expected that government must guarantee everybody will be healthy it cannot be denied that among the functions and obligations of the governments are to provide healthcare services to the community and ensure that facilities and avenues for medical treatments are available to the people. This right has been firmly established in international human rights laws. Its realization has been the subject and objective of various international conventions and policies. It is believed that right to health is ingrained in the constitution of the country and should be recognized by the courts and the governments
PATENTS AND GENETIC ENGINEERING TECHNOLOGIES: A REVIEW OF JUDICIAL DECISIONS
Full text linkDifferent classes of people have raised moral objections on a number of times against granting patents on living organisms. There has been a recent focus on patents partly because the corporate world is only concerned with economic returns and the market prospect of a genetic product. The purpose of this article is to revisit the debate on the patent of genetic engineering technologies and provide partial recommendations on rationalising patent protection while mitigating moral arguments. This article re-examines the intellectual property frameworks as well as case laws regarding biological materials in selected countries i.e., Europe, the United States of America, Australia, Malaysia, and under international agreements such as the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This article is based on primary as well as secondary materials that have been written on the patent of life forms and genetic research. There is an inconsistency between philosophical principles and the implementation of biotechnology patents due to the existing economic, political, and ideological conditions among countries, along with existing divergences in the field of genetically engineered technologies. Hence, during such circumstances, the most coherent position is to proceed with vigilance as it is not possible to shut down bio-industrialisation. One such vigilant pathway in the presence of contemporary evidence to minimise commercialisation of life science creations. Patents of genetically engineered products should be strictly monitored to fulfil commitment towards international human rights, which is to provide reasonably priced healthcare and medical treatment