Abuse of the elderly is not a new issue at the international level. It is seen as a serious social problem that is a growing concern. A number of countries have enacted specific legal mechanisms to address and prevent the problem. In Malaysia, the abuse of the elderly is recognized as a form of domestic violence. The legislation dealing with matters pertaining to domestic violence is Domestic Violence Act 1994 (Act 521) which is to be read together with Penal Code. The Domestic Violence Act (DVA) becomes the main legislation which gives protection and provides civil remedies to the abused victims while the Penal Code concerns with penalizing the abuser. Despite the growing literature on the issue of elder abuse in Malaysia, little has been written on the legal protections offered by the DVA to the elderly victims. This paper aims to explore the adequacy of civil remedies given to the abused elderly as provided for under the DVA and further analyses on the adequacy and suitability of the Act in protecting the elderly victims from abuse.

The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the “right to health,” regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue.

Artikel ini ditulis untuk mengkaji isu penipuan tanah yang berlaku dalam urus niaga tanah di Malaysia. Pelbagai modus operandi telah dilakukan oleh penjenayah untuk melakukan penipuan. Dengan modus operandi ini, pihak pejabat tanah telah berjaya diperdaya sehingga menyebabkan berlakunya penipuan dalam urus niaga tanah. Perkara ini telah menimbulkan rasa kebimbangan kepada orang awam tentang jaminan ketuanpunyaan yang merupakan bukti muktamad pemilikan terhadap tanah apabila pendaftaran dilakukan dan juga pemilikan tanah yang ditadbir menurut perundangan Kanun Tanah Negara (KTN). Kajian yang dilakukan berdasarkan kaedah analisis kes yang telah diputuskan oleh mahkamah. Hasil kajian mendapati pelbagai modus operandi (MO) telah dilakukan oleh penipu dan pelbagai faktor yang mendorong perbuatan penipuan ini. Penulisan ini turut mengutarakan beberapa cadangan penambahbaikan bagi mengekang cubaan penipuan dalam urus niaga tanah.

Digital funding platforms have been contemporaneously developed and utilised as a medium to enable businesses and companies to seek funds and to raise capital for any kind of commercial purposes, at any time or place. Such technology allows the service providers to invite the public to participate in generating funds for the businesses and companies in need. Through this mechanism, it is factual that funds are contributed by the public, while the law clearly provides the restriction of the public to invest or deposit or hold equity in private companies. Allowing the public to directly invest in private companies would be considered as illegal considering the legal restriction imposed on the private companies under the statute. Therefore, this article aims to study the legality of venturing this public money into the business investment of private companies. The focus of this study is the governing law in Malaysia in respect of the legality of funding private companies through online social lending namely peer-to-peer lending (P2P lending). This study is conducted by way of contents analysis of various provisions of relevant legislations. The outcomes of this study show that digital social lending such as P2P lending, has grown and been accepted by various natures of enterprises and private companies in order to start-up their business operation in Malaysia, as it compliments the limitation for private companies to invite the public to venture into their business.

The inclusion of welfarist ideology in the consumers’ trade derived from the ideal of paternalism is a paradigm change from the doctrine of freedom of contract. Regulatory and legislative steps must be taken to support and attract consumers to the industry. Judicial and legislative actions must be taken to correct the market flaws that create consumers’ vulnerability while trading in the global market. As one of ASEAN members’ founders, Malaysia is moving towards people-centered economic endeavours to balance both industry and consumer interests through exclusion clauses to prevent unfair practices in consumer contracts. Legal intervention is one of the ways to curbing the issues that arise from exclusion clauses. Before 2010, the non-existence of a specific regulatory framework to limit exclusion clauses usage in contracts involving consumers further increases consumers’ vulnerability. Traditional judicial approaches in the battle against coercion and unethical behaviour of traders before 2010 did not engross consumer rights and interests. This sign is, in fact, the modern age of customer contracts, the enforcement of unfair terms. This article used the content analysis technique and analysed the evolution of legislative interference and judicial approaches in interpreting exclusion clauses in contracts involving consumers in Malaysia and Singapore.