SUBMISSION
SUBMISSION
CENTRE FOR RESEARCH
IN LAW AND DEVELOPMENT IN ASIA
2023
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Ambikai S T Singam and Puteri Sofia Amirnuddin
Abstract
Legal education in universities is one of the challenging courses for students, who encounter difficulty in grasping the law. With the introduction of technology-enabled learning, it has brought significant changes to teaching and learning activities since it was introduced in classroom in larger scale back in the 1980s.1 The objective of the adoption of digital learning in the legal education setting is to achieve (forming and developing) certain competencies such as cognitive and meta-cognitive skills, knowledge, understanding and attitudes, as well as the development of social skills and growth in ethical values. Nevertheless, over the past years, there have been a considerable number of online educational tools such as Kahoot! Socrative, Quizzes and Nearpod that have been developed to supplement legal education in the classroom. The purpose of this study is to understand and analyse the effectiveness of ClassPoint features in Microsoft PowerPoint as an engagement tool for borderless learning. The research showed that ClassPoint features can foster and support law students learning process in a borderless setting. Pertaining to the use of ClassPoint, since it is a new tool in Microsoft PowerPoint developed in 2015, there is absence of literature on its effectiveness as an engaging tool in borderless settings particularly on law students. This research used an online survey (accessed via Google Form link) on 58 law students at a university in Malaysia. The sample size comprised Year 2 students, who has experienced the use of ClassPoint in virtual class. This research found that the application of ClassPoint improves their analytical thinking skills, creative and critical thinking skills. The students also felt that ClassPoint improves their abilities to be innovative and it also enables them to use their imagination. The research revealed that ClassPoint develops their evaluation and reasoning skills. Overall, the students enjoyed the use of ClassPoint as it does increase their interactions within the scope of the borderless learning environment.
Keywords: Blended learning environment, Online learning, ClassPoint, Efficient and effective teaching methods, Social interaction, Higher education, Borderless environment.
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Tamara Joan Duraisingam, Johanna Mahadevan and Uthraa Iyer
Abstract
Malaysia is a country possessing a coast rich in biodiversity that contributes to the country’s economy through tourism and the fishing industry. As incomes and the demand for seafood rises, commercial fishers are able to leverage on these new and unprecedented circumstances. However, there is considerable debate surrounding the status of fisheries and its impact on the environment. The present study focuses on the effectiveness and impact that the current legislation surrounding commercial and recreational marine fishing activities is having on the conservation of marine ecosystems and the protection of fish stock populations in Malaysia. The current legislation and methods of regulation enforcement in both Malaysia and Australia was compared to identify areas where Malaysia may improve in its efforts of protecting the fishing industry and marine environment. Findings of this study revealed a lack of assessment within the Malaysian fishery industry and low levels of regulation enforcement when compared to that of Australia. The review within the study revealed geographical, economic and food security implications in Malaysia that were not present in Australia. These implications play a role in the unsustainable nature of the Malaysian fishing industry. Despite these challenges, this study suggests that with increased legislation, enforcement, assessment and awareness, Malaysia can achieve sustainable goals within its fishery industry that conserves ecosystems and marine fish stocks.
Keywords: fisheries management, fishing rights, marine ecosystem.
Sachin Menon, Tamara Joan Duraisingam and Ambikan S T Singam
Abstract
Since 2016, three high‐profile cases of enforced disappearances have occurred in Malaysia. The enforced disappearance of Amri Che Mat, Pastor Raymond Kho, and Joshua Hilmy‐Ruth Sitepu shocked a nation that was not aware of a crime of this nature. Being a crime committed by the agents of the state, its secretive and complex nature makes it extremely difficult for the families to uncover the truth about their disappeared relative’s whereabouts or fate. However, in uncovering the crime of enforced disappearance as a reality in Malaysia, the role played by SUHAKAM deserves special mention. This paper analyses the measures taken by SUHAKAM to find the agents of the state responsible for the enforced disappearances. The analysis revealed that, by adopting a public inquiry, SUHAKAM was able to gather a diverse pool of evidence that ultimately led to the unmasking of enforced disappearances in Malaysia. Finally, it concluded that unless enforced disappearance is recognised as a distinct crime, the struggle endured by the families and SUHAKAM will be in vain.
Keywords: SUHAKAM, Enforced Disappearance, Malaysia, Public Inquiry, Evidence, Human Rights Commission Act 1999, Powers of SUHAKAM
Voon Su Huei
Abstract
Part X of the Mental Health Act 2001 in Malaysia governs proceedings in inquiries into mental disorders. Specifically, the Malaysian courts are empowered to appoint a committee of person and/or a committee of the estate of the person to govern the affairs of a person who is determined to be mentally disordered and who is incapable of managing his or her affairs. This article seeks to examine the process of appointment of such committees and the extent of powers available to these committees. Consideration is given to the current safeguards available to protect the welfare of the mentally disordered person within the current legal framework and commentary is provided on the adequacy of the existing safeguards.
Keywords: Mental Health Act 2001; committee of estate; committee of person
Abstract
Ethical issues in end-of-life care, specifically the complex decision-making process involving medical professionals, patients, and families regarding treatment alternatives have been challenging. The context underlines the importance of social and health systems serving terminally ill patients’ physical, emotional, social, and spiritual needs. It acknowledges the impact of modern medicine on mortality rates, patients' wish to die with dignity, and the importance of recognizing bereavement after death among primary carers. Advanced medical interventions to extend the lifespan of terminally ill patients raise questions about who should make such a decision and whether it is ethical. The aim of this study is to ascertain the ethical challenges and study the principles of biomedical ethics implicated in end-of-life care decisions among physicians, patients, and caregivers. A Literature review of librarybased resources using descriptive and explanatory methods is employed in this study. Patients’ autonomy, beneficence, non-maleficence, and justice should be considered while making end-of-life care decisions in dilemmas arising from treatment withdrawal and withholding, medical futility, physician-assisted suicide, and the doctrine of double effect. End-of-life care decision-making is challenging, but the application of bioethical principles to guide such decisions among key stakeholders is fundamental. Future research on other possible solutions for end-of-life care is recommended.
Keywords: End-of-life care, biomedical ethics, terminally ill, advanced medicine, primary carers
Izmi Izdiharuddin Che Jamaludin Mahmud, Suria Fadhillah Md Pauzi, Nadzriah Ahmad and Rafizah Abu Hassan
Abstract
Children constitute vital stakeholders in the nation's development. Nonetheless, they are frequently under-represented in various situations, including child sexual grooming ("CSG") issues. In most CSG situations, children are oblivious that they are being exploited until they have been sexually assaulted to the degree of rape. In Malaysia, there is a growing concern about the CSG problem caused by sexual predators, which prompted the Malaysian government to enact the Sexual Offences Against Children Act 2017 ("SOACA"). The SOACA 2017 is the first piece of Malaysian legislation which specifically addressed offences on child sexual abuse ("CSA"). The paper aims to examine the correlation between legal inadequacies before the SOACA 2017 was enacted and how the SOACA 2017 addresses the cases on CSG. At the same time, the reported cases under the UK Sexual Offences Act 2003 ("SOA") will be referred to as well, as SOACA 2017 was modelled after UK SOA 2003.
Keywords: Child; Child Sexual Abuse; Grooming; Sexual Predator