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.
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.
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 Fourth Industrial Revolution (IR 4.0) has undeniably affected the way of life of people, including children. The rapid development of the internet and digital technology coupled with unlimited, easy, and fast access make children highly susceptible to harm arising from the use of social media, films, or games. This situation may expose children who are beyond control to immense threats due to poor relationships with their parents and family members. The beyond control children may be found anywhere. They are the children who frequently disobey their parents’ orders and are notorious as “status offenders” at the international level. Despite the non-criminal nature of their misbehaviour, children who are beyond control are often treated like criminals through court proceedings and detention orders. Meanwhile, numerous international conventions and guidelines have been signed including the United Nations Convention on the Rights of the Child to protect the welfare of all children. However, to what extent do these conventions protect the children who are beyond control? What are the principles applicable to these children, and how are they protected? Thus, this study was done to analyse the extent of protection provided by international conventions for the rights of children who are beyond control and to suggest suitable programmes for the implementation of the international principles in the IR 4.0 era. This qualitative study employed the library research method for data collection. It analysed numerous documents including international conventions, statutes, books, journals, conference proceedings, and reports. This study found that the international conventions provide protection to the children who are beyond control through several principles including the best interest of the child, family and government responsibilities, institutional placement, prevention of delinquency, and diversion. These principles may be applied through diversionary programmes including counselling, family group conference, family and school programme, and mentoring programme.
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