Access to Justice in Malaysia and Beyond is a compilation of various writings ranges from almost every aspect including medical, financial, cyber security, cryptocurrency, waste management, tourism, culture, arm conflicts, citizenship, labour, real estates, refuges, and environment; so as to provide multidisciplinary inputs for the relevant walks of life. Hence this book is an attempt to provide information to the public on how such access would be available and the requirements that need to be adhered to by those in authority. As readers browse through the content, they would be able to relate to their own experience and apply it to their future endeavours.
It is imperative that no one should be denied justice as it is one of the integral aspects of human life. It extends beyond religion, races and countries as everyone is treated the same under law. Since time immemorial, regardless of beliefs and culture, justice is seen as the ultimate element in deciding whether a person deserves to be treated in the same manner like any other human beings. Hence the historical records of people fighting for their rights when they deemed that they had been oppressed, and such struggle were perceived only by them as a fight for their rights but also by those who witnessed it. As history often repeats itself, up to this moment there are various forms of demands for justice to be served to those who need it. And it has to be noted that justice in its practical form is not only limited to court proceedings, yet it extends to administrative decisions of those people in authority. Access to justice is of significant importance for any aggrieved person as it forms an essential component of the system of human rights protection and enforcement.
As the concept of justice is universal, it goes beyond the courtrooms. Hence the principles of Rule of Law and Natural Justice are embedded in any process involving an aggrieved person, be it natural or corporate. And most importantly, there shall be no hindrance to the principles, otherwise it will be treated as a bar to the access to justice. As stated by Raja Azlan FJ in Ketua Pengarah Kastam v Ho Kwan Seng (1977) 2 MLJ 154, the principle of natural justice which asserts that no one can be punished without being heard should be adopted in every case involving an individual who is disturbed by an administrative action, whether the action is labeled as judicial, quasi-judicial or administrative or whether the statute granting the power provides about hearing/hearing or not. It is also pertinent to state that access to justice is not only about providing such access, but the reasonable time in providing such. Hence justice delayed is justice denied. In the foregoing chapters, readers will be able to see how access to justice is significant in all aspects of activities be it procedural or substantive.
List of Tables & Figures
List of Photos
List of Cases
List of Statutes and Legal Instruments
Preface
1. Understanding Justice and Access to It
– Rizal Rahman, Rasyikah Md Khalid & Muhamad Sayuti Hassan
2. Reviewing the Legal and Ethical Aspects of Traditional Herbal Medicines with Emphasis on the Commercial Prospects of Traditional Chinese Medicine
– Gan Ching Chuan, Usharani Balasingam, Azlina Nadzri & Tanzil Marwan
3. Progressive Legal Paradigmatic Therapy in Medical Case Amid Hegemony of Legal Positivism: Discourse of Procedural Justice and Substantial Justice
– Wukir Prayitno
4. The Use of Gold Dinar and Silver Dirham Coins in Indonesian Criminal Law
– Ahmad Sofian, Maqdir Ismail, Erlangga Kurniawan & Zaim Saidi
5. International Cooperation to Combat Cyber Blackmail Crime
– Omar Abdulsalam Hussein, Nazura Abdul Manap & Rizal Rahman
6. Cryptocurrencies and Digital Assets in Malaysia: Legal and Shariah Challenges
– Mohd Yazid bin Zul Kepli & Tajul Aris Ahmad Bustami
7. Cryptocurrencies and Digital Assets: Issues and Challenges from the Inheritance Law Perspective
– Mohd Yazid bin Zul Kepli & Tajul Aris Ahmad Bustami
8. Normative Review of Plastic Waste Management in Indonesia
– Maskun, Farida Patitingi, Hasbi Assidiq, Nurul Habaib Al Mukarramah & Siti Nurhaliza Bachril
9. Implication of the Determination of Disaster Resilience Areas to the Substance Transformation of Regional Legal Products
– Aminuddin Kasim, Muja’hidah, Adiesty Septhiany & Supriyadi
10. Issues and Challenges in the Franchise Industry
– Firdaus Farid Abd Rashid, Kamarul Ariffin Mohamad, Nor Fauziana Mohd Salleh, Abdul Rashid Abdul Rani, Khairul Bariah Che Amat & Suzana Muhamad Said
11. Harmonization of Bankruptcy Law to Maintain Business Sustainability and Economic Resilience in Global Competition
– Kukuh Pribadijanto, Adi Sulistiyono & Pujiyono
12. Dispute Resolution in Tourism: The Way to the Future
– Nur Khalidah Dahlan
13. Certification Mark, Collective Mark and Geographical Indication in Protecting Iban’s Designs
– Nazura Abdul Manap, Shahrina Anis Samsudin & Safinaz Mohd Hussein
14. The Status of Mercenaries in Non-International Armed Conflicts Under IHLL: A Case Study of the Libyan Armed Conflict
– Salem Aessa Farhat, Faridah Jalil & Rohaida Nordin
15. Citizenship Deprived: Review of Cases Involving Illegitimate Children in Malaysia and Potential Solutions
– Muhammad Hadi Darus & Rodziana Mohamed Razali
16. Government’s Responsibilities and Initiatives in Providing Decent Work in Indonesia
– Sigit Rosidi & Nasrullah
17. The Differences in Housing Purchasing Power between Low and Medium Groups in Malaysia
– Ricco Survival Yubaidi, Mazliza Mohamad, Safinaz Mohd Hussein, Rahmah Ismail, Suzanna Mohamed Isa & Saidatul Nadia Abdul Aziz
18. Exploring Challenges to Birth Registration and Resulting Implications for Rights and Protections of Refugee Children in Malaysia
– Asmaa’Arinah Zulkifli & Rodziana Mohamed Razali
19. The Applicability of the Law of Responsibility of International Organizations in the Global Spread of COVID-19
– Mohamad Kamal Sodiqin Abdull Manaf & Muhammad Nizam Awang @ Ali
20. Crypto Heist and Data Privacy Issues: An Analysis of the Legal Framework in Malaysia
– Nur Adlin Hanisah Shahul Ikram & Mohd Yazid Zul Kepli
21. General Principles of International Environmental Law on Solid Waste Pollution
– Mohamed Yayah Jalloh, Wan Siti Adibah Wan Dahalan & Rasyikah Md Khalid
References
List of Contributors
Index
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