Proceedings of the 12th UUM International Legal Conference 2023 (UUMILC 2023)

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33 articles
Proceedings Article

Peer-Review Statements

Rohana Abdul Rahman, Mohamad Fateh Labanieh, Md. Zahurul Haq, Zuryati Mohamed Yusoff, Ahmad Shamsul Abd. Aziz
All of the articles in this proceedings volume have been presented at the UUMILC 2023 during 23-24 August 2023 in virtual form. These articles have been peer reviewed by reviewers assigned by the two Committees, International Editorial Committee and the Conference Paper Publication and Parallel Sessions...
Proceedings Article

Land Acquisition in Peninsular Malaysia: Empirical Study on Striking the Right Balance Between Public and Private Interests

Noor Asyikeen Mohd Salleh
The right to own property is an intrinsic human right that grants ownership and enjoyment to owners. For land, the ownership right is not absolute but subject to the state authority’s acquisition. The land acquisition regime ostensibly requires balancing two competing interests: public and private. In...
Proceedings Article

Rethinking Judicial Appointments in Malaysian Superior Courts: Constitutional Reforms

Jenita Kanapathy
Judicial independence is significant in any justice system because the role of the judiciary is to provide a meaningful system of checks and balances between the executive and the legislature in line with the doctrine of separation of powers. Past researchers had shown that the enactment of the Judicial...
Proceedings Article

Modus Operandi, Factors, Implications and Governance of Ransomware Attacks on Transportation Systems

Ani Munirah Mohamad, Felicia Yong Yan Yan, Nurhazman Abdul Aziz, Shuhairy Norhisham, Grace Sharon
An efficient transportation system provides numerous benefits to people, businesses, and the larger community, including effective transportation of people and goods, enhanced economic growth, less congestion and travel time, improved access to education and healthcare and other benefits. The digital...
Proceedings Article

Loosening Requirements for Parliament Membership: The Meaning of Power in Forming Election Law?

Riana Susmayanti, Mochammad Noor Rois Zain
After the Indonesian reformation in 1998, the government enacted Law No. 28 of 1999 on Clean and Free State Administrators from Corruption, Collusion, and Nepotism. In line with that spirit, the Election Law should require that candidates for the People’s Representative Council (DPR): are not currently...
Proceedings Article

Replicating Lecture Hall Interactions Using Metaverse Pedagogies

Laxmi Devi, Lahveenya A. P. Panchalingam
There have been various instructional shifts in the tertiary education sector due to the pandemic. Legal academics have been gently forced to move beyond their primal instinct to teach face-to-face. Instead, they had to become innovative and integrate technology to make the teaching and learning pedagogy...
Proceedings Article

Non-Muslim Wife Maintenance in Malaysia: A Right or Privilege in the 21st Century?

Sridevi Thambapillay
More than six decades have passed since Malaysia achieved her independence. Our nation has witnessed tremendous developments in various fields. However, the same cannot be said for certain vulnerable groups, one of them being women. It cannot be denied that women in the 21st century are far more advanced...
Proceedings Article

Revitalization of the ASEAN Inter-Governmental Commission of Human Rights (AICHR): A Pathway to Strengthen Human Rights in ASEAN

Rika Kurniaty, Ikaningtyas, Hikmatul Ula, Muktiono, Imam Sukadi
Since the establishment of the ASEAN Inter-Governmental Commission of Human Rights (AICHR) in 2009, the handling of cases of human rights violations in ASEAN has yet to progress. Although AICHR, as an intergovernmental institution, expected to be able to strengthen cooperation between ASEAN countries...
Proceedings Article

Legal Standing of IPR-Based Guarantee as a Breakthrough to Support Creative Economy Entrepreneurs

Zora Febriena Dwithia Hidayat Putri, Rumi Suwardiyati, Hanif Nur Widhiyanti
The high potential of the creative economy can improve the economy of business entrepreneurs. The establishment of Government Regulation Number 4 of 2022 concerning the Creative Economy is an opportunity to create Intellectual Property Rights (IPR) as an object of guarantee. The intellectual property...
Proceedings Article

Judicial Review in Trade Union Recognition Process: A Comparative Analysis Between Malaysia and Canada

Siti Suraya Abd Razak
Trade unions play a central role in upholding employees’ rights through collective bargaining action with employers to improve the terms and conditions of employment and to resolve any conflicts within the employment relationship. The trade union recognition process is a prerequisite for collective bargaining...
Proceedings Article

Legal Construction of the Protection and Processing of Children's Personal Data in Indonesia

Cyndiarnis Cahyaning Putri, Sihabudin, Ranitya Ganindha
Children fall into the vulnerable category in terms of fulfilling human rights in a country. The Republic of Indonesia guarantees the welfare of children's rights, including the privacy rights of the children. In the digital era, personal data often experiences misuse of its processing. Specifically...
Proceedings Article

Properties of artificial intelligence systems in the context of their use in legal activities

Mukhtar Sadykov, Mohammad Ershadul Karim, Ane Tynyshbayeva, Dmitry Bakhteev
The study was undertaken to reflect on the values of modern artificial intelligence systems in the context of the use of such systems in legal, especially law enforcement activities. The application of artificial intelligence in the research focuses on the properties of fairness, accountability, and...
Proceedings Article

Compulsory Childhood Vaccination: Children’s Best Interests as Paramount Consideration

Khairun Nisaa Asari, Yuhanif Yusof, Rohizan Halim
Childhood vaccination has played a significant role in reducing mortality rates among children, targeting various preventable diseases like smallpox, poliomyelitis, meningitis, and diphtheria. Some countries have even enacted compulsory childhood vaccination laws due to their proven effectiveness in...
Proceedings Article

The Power of Local Wisdom Law in Resolving Domestic Violence And its Relationship with Law No. 23 of 2004 in Toba Regency Indonesia

Merry Roseline Pasaribu, Roswita Sitompul
Marriage is a vital thing in life, both individually and in society, everyone wants their life to be successful in all things both in career and in household survival. However, there are still many people out there who do not have good fortune in their household life. This paper examines the issue of...
Proceedings Article

Corruption and integrity issues in governance involving indigenous minorities in Malaysia: Identifying the risk areas

Izawati Wook, Hasnah Hj Haron, Arif Fahmi Md. Yusof, Zulkiple Abd. Ghani, Abd. Hakim Mohad, Rosli Shaari
This paper presents the findings from a study that identifies the risk areas in corruption and integrity issues in governance involving indigenous minorities in Peninsular Malaysia. Risk refers to the likelihood or probability of an adverse effect resulting from a completed action. Failure to manage...
Proceedings Article

Legal Issues of Buy Now Pay Later (BNPL) Scheme in Malaysia

Ulfah Mansurah Zainudin, Ahmad Azam Othman
The advancement of technology has transformed the atmosphere of the global financial services sector. Financial technology, commonly known as Fintech, is widely adopted globally, including in Malaysia. The adoption of Fintech in the consumer credit landscape is no exception. The Buy Now Pay Later (BNPL)...
Proceedings Article

Ukraine’s submission to the jurisdiction of the International Criminal Court: The Rule and Responses

Fransiska Ayulistya Susanto, Yasniar Rachmawati Madjid, A. A. A. Nanda Saraswati
The international conflict between Russia and Ukraine has been ongoing for more than a year. The invasion carried out by the Russian side has caused various losses in the form of loss of life and property as well as massive damage to public facilities in several regions of Ukraine. The International...
Proceedings Article

Women in social entrepreneurship in Kazakhstan

Assel Ualiyeva
The Institute of Social Entrepreneurship was legally regulated in the law system of the Republic of Kazakhstan in 2021. The state policy is aimed at ensuring entrepreneurs’ participation in creating solutions in the community, assisting in the employment of socially vulnerable segments of the population...
Proceedings Article

Pornography in Indonesian Criminal Regulation: A Disharmony of Rules

Hanugrah Titi Habsari, Ladito Risang Bagaskoro
In Indonesian society, pornography is considered incompatible with moral values, ethics, noble character, and the nation's noble personality, faith, and piety to God and Pancasila as the ideology and basis of the state, which forms the basis that some acts involving pornography categorized as a...
Proceedings Article

A Legislative Analysis of Malaysian Legal System on Search and Seizure Procedure of Digital Evidence

Zainal Amin Ayub, Mohamad Fateh Labanieh, Harlida Abdul Wahab
Nowadays criminals use computers to commit various crimes both in the virtual and real world. These activities store digital evidence which can be used in criminal proceedings. The advancement has led to the searches and seizures of digital evidence. The legal framework of obtaining digital evidence...
Proceedings Article

Navigating Legal And Ethical Conundrums of Using AI- Generated Content (AI-GC) Systems In Arbitration

Mohamad Fateh Labanieh, Mohammad Azam Hussain, Zainal Amin Ayub, Hussein Alaa Al-Azzawi
Developments in Artificial intelligence (hereinafter referred to as “AI”) technologies and the prompt transformation brought by such technologies lead to several critical questions and dilemmas. By using doctrinal legal research methodology and employing critical and analytical techniques, this article...
Proceedings Article

The Malaysian Monarchy System: A Review of the Literature

Norazlina Abdul Aziz, Mazlina Mohamad Mangsor, Miti Fateema Sherzeella Mohd Yusoff
The research examines the extent of a locally-based representation of the constitutional monarchy method in the current Westminster model of constitutional monarchy. This study argues that the latest political and constitutional developments in Malaysia demanded a locally-based approach in relation to...
Proceedings Article

Tackling the Intellectual Property Issues Relating to Non-Fungible Tokens (NFTs) – Lessons from the Republic of Korea

Farizah Mohamed Isa, Mardiah Hayati Abu Bakar, Sarah Munirah Abdullah, Mohd Shaufiq Abdul Latif
A Non- Fungible Token or an NFT is described as a digital certificate representing ownership of, or rights to a unique digital asset, where the ownership is recorded on a non-centralized blockchain (a digital ledger of transactions that is not owned by the state or authoritative bodies). Common examples...
Proceedings Article

The Regulatory Frameworks in Monitoring and Controlling Mechanisms of Retail Solid Waste in Malaysia

Anis Najihah Mazlan, Ani Munirah Mohamad
Malaysia is facing difficulty in handling retail solid waste monitoring and controlling mechanisms as a result from the increase in the amount of solid waste produced, rising urban population and industrialisation. The retail industry as one of the major contributors of solid waste in Malaysia also contributes...
Proceedings Article

An Integrated Framework for Providing Access to Orphan Works in Malaysia

Muhamad Helmi Muhamad Khair, Mohd Haris Abdul Rani, Maruf Billah, Azlina Mohd Hussain, Mohd Syahrul Ab. Ghani
Orphan work has nothing to do with orphan children. Orphan works are copyright-protected works with unidentifiable, untraceable, and unlocatable copyright holders. Prospective users such as individuals and cultural heritage institutions must obtain permission from the copyright holders before using their...
Proceedings Article

The Legal Challenges and Regulatory Responses to Artificial Intelligence (AI) in China

Xinbo Huang, Zuryati Mohamed Yusoff, Mohd Zakhiri Bin Md Nor, Mohamad Fateh Labanieh
Recently, artificial intelligence (hereinafter referred to as “AI”) technologies have played an important role in the digital economy. AI is widely used in industrial manufacturing, network security, healthcare, transportation, robotics, energy, and public services, which has greatly promoted the progress...
Proceedings Article

Electoral Offences in Nigeria: Legal Issues and Challenges

Mustapha Alhaji Bila, Rohizan Bt Halim, Yuhanif Yusof
Every country’s democracy is measured by the successes of its elections. Elections that meet the yearnings of the electorates are an election that is peaceful, free, fair credible is free from any malpractice. However, conducting an election which is free from misdeeds is crucial in Nigeria. Almost all...
Proceedings Article

Should Environmental Rights be a Constitutional Right in Malaysia?

Sheila Ramalingam
In recent times, there has been international recognition of the fact that environmental rights are human rights. Despite being a State Party to many international conventions that proclaim environmental rights as human rights, Malaysia has yet to explicitly recognise this in any of her domestic legislation,...
Proceedings Article

Oversight of the Regional Government and the Community to Prevent Corruption in the Use of Village Funds

Rizaldy Ilyas Hasibuan, Roswita Sitompul
The existence of government programs in preparing budgets for village development often creates new problems, such as the misuse of the village budget for personal gain. This behavior often causes losses for the state, especially villages. Therefore, designing a sound monitoring strategy to use village...
Proceedings Article

The Potential of E-Filing in Cases Involving Family Matters in Malaysian Courts

Ain Husna Mohd Arshad, Nor Azlina Mohd Noor, Ani Munirah Mohamad
The e-filing system has revolutionised Malaysia's legal landscape, replacing traditional paper-based systems with electronic presentations that offer many benefits. These benefits include enhanced productivity, reduced paperwork, improved document tracking, and easier access to legal processes....
Proceedings Article

Flexible Work Arrangements and the Legal Considerations in Malaysia

Harlida Abdul Wahab, Hanis Wahed, Siti Suraya Abd Razak
This article examines the legal considerations surrounding flexible working arrangements (FWA) in Malaysia. As FWA gains traction in the modern workforce, it is crucial to assess their legal implications. The study briefly explores the models of FWA that are being practiced worldwide. Then, Malaysian...
Proceedings Article

Legal Right to Participate in Recreational and Leisure Activities Among Persons with disabilities (PWDs) in Malaysia

Nor Anita Abdullah, Harlida Abdul Wahab, Asmar Abdul Rahim
Persons with disabilities (PWDs) shall have the right to participate in recreational and leisure activities equally, as declared by the international convention and PWDs Act 2008 of Malaysia. Despite this, PWDs keep experiencing barriers in many aspects of life. Like other non-disabled, PWDs should be...