PurposeThis paper aims to gauge the issue of insider trading in Malaysia by assessing some selected statutory provisions under the relevant law and examining the issues of enforcement and prosecution.Design/methodology/approachThe paper analyses relevant legislation pertaining to insider trading.FindingsThis paper argues that in order to be an effective regulation, the laws enacted must address the concerns and problems insider trading has given rise to. Contrary to popular impression that insider trading is a settled issue due to the lack of investigation and prosecution cases, the paper unearths a number of findings; first it maintains its contention that the provisions under the Companies Act 1965 are not entirely satisfactory and the latter regulations generally provide more creditable rules with regard to the issue. Further the definition of an insider, the requirement pertaining to the manner the information must be obtained and the enforcement of the law are amongst a number of issues that Malaysia has to address if a more competitive capital market is to be created.Research limitations/implicationsFurther research could usefully examine the law in the light of investigation cases by the security commission.Practical implicationsThe paper reveals how insider trading legislation applies in business situations.Originality/valueThe insider trading legislation is found out to be far from satisfactory, and this paper attempts to fill in the gaps where there is scarcity of literature on this issue.
Child visitation can facilitate the continued involvement of both parents in their children’s lives after a divorce. This study aims to examine the issue of visitation rights and report the results of an analysis of relevant court cases involving Malaysian Muslim families. It describes the structure or type of visitation awarded to non-custodial parents as a result of their loss of child custody. Content analysis technique was applied to elaborate on the reported court cases. A cross tabulation method was also performed to describe the frequency of cases for the respective types of visitation. This study has revealed several details about visitation rights hidden in the masses of case law. These include granted visitation rights which comprise scheduled, reasonable and dual-form visitation, counting omission of access rights which occurred most frequently including cases where parties received legal representation. The study has contributed towards a greater understanding of how visitation orders are made in practice through a quantitative analysis of past court decisions.
Background and Purpose: A model by the World Bank (2006) explained the causes of illegal logging and environmental crimes in terms of the simultaneous presence of methods, motives, and opportunities. This paper aims to examine the opportunity factors behind the commission of illegal logging and forest offences in Malaysia based on the perceptions of forest enforcement agencies. Methodology: Responses from the agencies were mainly obtained through a set of questionnaire though semi-structured interviews were also carried out to support the quantitative findings. The strength of the factors was determined through data analysis using SPSS, where opportunity factors for committing illegal logging were analyzed according to the results of measures of central tendency and measures of dispersion. Findings: Insufficient enforcement facilities and equipment were found in the study to be the most significant factors which present opportunities for committing the offences. Respondents also perceived the level of enforcement, cooperation between government agencies and the possibility of conviction as the factors which open up opportunities for illegal logging and forest offences. Contributions: The results of the study may help create awareness and provide inputs for policy makers to formulate appropriate policy responses to curb illegal logging and other forest crimes. Keywords: Environmental crime, illegal logging, opportunity factors, policy response, Act 313. Cite as: Mohd Noor, M. N. H, Kadir, R., & Muhamad, S. (2020). Illegal logging and forest offences in peninsular Malaysia: Perceived opportunity factors. Journal of Nusantara Studies, 5(2), 86-102. http://dx.doi.org/10.24200/jonus.vol5iss2pp86-102
Custody decisions are tailored to the circumstances of each case based on related principles with protection of child welfare as courts’ paramount consideration. This paper seeks to understand custody issue from quantitative viewpoint through a conceptual model and examines how child custody principles have influenced loss decisions for mothers. The methodology used was content analysis and Chi-Square correlation, with usable data provided by 47 cases decided in Malaysia between 1987 and 2017 based on Act 303. Coding instrument and conceptual framework were developed with items covering presumption of maternal custody, custodian qualification and loss of rights, child’s and mother’s wishes. The findings revealed that mothers were less likely to lose custody cases and when they did their defeats were strongly influenced by factors relating to children’s preference and status quo arrangement. The results contribute to an understanding of how mothers can lose custody of their children and clarify whether some of the independent variables are used more regularly and are more predictive of the loss decisions than the others.
PurposeThe purpose of this paper is to examine the possible application of the principle of paper advertisement in the context of communication via the web.Design/methodology/approachThe paper analyses case law decisions pertaining to advertisements.FindingsWeb and paper advertisement are both communications anticipating contracts made to the public, nevertheless the issue of web advertisement deserves discussion because of the distinct features of web communication. Interactive feature of many web advertisements, the irrelevance of the limited stock argument in web advertisement trading digital service, the utilisation of stock control and customer selection method which protects the vendor against the risks of limited stock and the risk of making contract with everyone, and finally the global feature of web communication are some of the characteristics of web communication justifying a revisit to this topic, as these features may add a layer of complexity to the issue. Commentators have taken different stances as to the position of web advertisement, with some viewing any type of web advertisement as an offer, whilst others confine the binding status only to interactive web advertisement and to advertisements providing digital services. The paper seeks to ascertain the position of web advertisement under UK law, including the Electronic Commerce (EC Directive) Regulations 2002.Research limitations/implicationsThe finding of the research is relevant for policy and law makers when considering whether to enact or amend electronic commerce‐related legislation.Practical implicationsThe paper reveals how the status of advertisement applies in business situations in the context of virtual environment.Originality/valueThe analysis shows that the non‐binding status should, without indications of a contrary intention, apply to a web advertisement despite its features being distinct from those of a paper advertisement.
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