Papers by ASPALELLA A RAHMAN
The European Proceedings of Social and Behavioural Sciences, Dec 24, 2018
The paper reviews on two challenges of a whistleblower in disclosing information on wrongdoing un... more The paper reviews on two challenges of a whistleblower in disclosing information on wrongdoing under Whistleblower Protection Act 2010 (WPA 2010) in Malaysia. Two elements regarding the definition of whistleblower under the act has become obstacles for a whistleblower to expose the misconduct. The first element obliged the wrongdoing to be exposed only through enforcement agencies despite the agencies are considered among the corrupt institutions in Malaysia. The second element required that the wrongdoing does not come under the purview of any written law regardless if the wrongdoing is against public policy. Additionally, this paper used the analytical and comparative legal research method where some statutes and decided cases were analyzed in order to identify the problems, examine the merits and bring improvements to the definition concerned. The findings show that a whistleblower will not be protected under WPA 2010 if he goes against the two criteria's of the definition above, instead he can be charged for breaching the above criteria.
UUM Press eBooks, 2012
Seksyen 16(2)(b) AMLATFA. Para 5.1.5 Staizdard Guidelines. Para 5.1.4 Standard Guidelines.
World Academy of Science, Engineering and Technology, International Journal of Law and Political Sciences, May 14, 2017
Journal of Money Laundering Control, Oct 3, 2016
Purpose -Money laundering is a complex issue which has been ongoing for many years globally. Deve... more Purpose -Money laundering is a complex issue which has been ongoing for many years globally. Developed and developing countries form anti-money laundering regime in the view to combat these ever-challenging criminal activities. Laundering of money involves the hiding and cleaning of "dirty money" derived from unlawful activities. Malaysia has come up with its own regime of anti-money laundering. Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) provides power to forfeit proceeds at the end of proceedings. This paper aims to investigate whether the current civil forfeiture regime in Malaysia is effective in fighting against money laundering. Design/methodology/approach -This paper will be based on a doctrinal research where reliance will mainly be on relevant case laws and legislations. AMLATFA is the primary legislation which will be utilised for the purpose of analysis. Findings -Despite the enactment of AMLATFA, little study has been carried out on the effectiveness of civil forfeiture regime under Malaysian anti-money laundering laws. Furthering into forfeiture of criminal proceeds, the findings show that forfeiture provisions are the recent law enforcement strategy to fight against crimes. It is implicit that this strategy is more efficient than the conventional approach, which only focused on punishing the individual criminal but failed to diminish the criminal operations as a whole. Originality/value -Strengths and weaknesses of AMLATFA are identified where it is less comprehensive in terms of offences covered and standard of proof. With that, this paper analyses the civil forfeiture regime under the Malaysian anti-money laundering laws. This paper would also offer some guiding principles for academics, banks, their legal advisers, practitioners and policymakers, not only in Malaysia but also elsewhere. Anti-money laundering laws can further be improved by being a better and established civil forfeiture regime where Malaysia will be able to discharge its duties well on forfeiting benefits from criminals.
Money laundering has been described by many as the lifeblood of crime and is a major threat to th... more Money laundering has been described by many as the lifeblood of crime and is a major threat to the economic and social well-being of societies. Malaysia passed the Anti-Money Laundering and Anti-Terrorism Financing Act (AMLATFA) in 2001. AMLATFA not only criminalizes money laundering, but also emphasizes on good corporate governance and senior management accountability. Banks as the main reporting entities have borne the brunt of the measures introduced by the law. This paper will highlight the importance of corporate governance in anti-money laundering measures. As such, the discussion will focus on the roles and responsibilities of the board of directors and senior management to put in place relevant antimoney laundering (AML) measures as prescribed by AMLATFA. Undoubtedly, effective AML measures significantly impact on the efficiency of a bank's corporate governance which is considered a key element in ensuring that the bank is operated in a safe and sound manner. More importantly, an efficient AML measure with good governance lower the pervasiveness of money laundering activities. At the end of the day this is the duty that the bank's board of directors owe to their stakeholders.
Journal of Money Laundering Control, Jan 4, 2016
Purpose -The purpose of this paper is to examine the impact of the Jordanian anti-money launderin... more Purpose -The purpose of this paper is to examine the impact of the Jordanian anti-money laundering law and its instructions on the Jordanian banking industry. The anti-money laundering law in Jordan is newly enacted, but there are new developments not covered by the law. For instance, the revolutionary wave known as the Arab Spring surrounding Jordan has increased the crime rates in Jordan, and it has also reduced international coordination and cooperation to encounter money laundering operations. The emergence of new means for money transfer is affecting the efficiency and speed of bank transfers. Subsequently, the impact of the law on Jordanian banks is unknown. Design/methodology/approach -This paper relies on the Jordanian Anti-Money Laundering and Counter Terrorist Financing Law 2007 as a primary source of information. The relevant Jordanian anti-money laundering instructions that have directly been affecting banks include the Jordanian Anti Money Laundering and Counter Terrorist Financing Instructions Number (51) 2010. These instructions were considered the most important legislation for the purpose of this paper. Findings -While the Jordanian anti-money laundering law is based on certain principles, the effectiveness of the law is unknown. The Arab Spring, particularly the Syrian revolution, has negatively increased the crime rates and money laundering activities in Jordan. To make matters worse, the international cooperation and coordination between countries in combating money laundering are not at the required level, and this has encouraged money laundering groups to exploit the situation. Only time will tell whether the banks will be able to cope sufficiently with the increased anti-money laundering obligations. Obviously, it is critical at this stage to establish effective coordination between legislators, regulators and the banking industry to minimize problems encountered by the banks, thereby to ensure effective implementation of the law. Originality/value -This paper provides an examination of the impact of the Jordanian anti-money laundering law that has directly affected banks. It is hoped that this paper would provide some insight into this particular area for academics, practitioners, the legal advisers, banks and policy-makers not only in Jordan but also elsewhere. In view of the international nature of money laundering and banking, there will be significant interest in how the anti-money laundering law affects banks operation in Jordan.
Rasuah adalah masalah global yang melanda dunia secara berterusan. Ia tidak mengenal sempadan. Wa... more Rasuah adalah masalah global yang melanda dunia secara berterusan. Ia tidak mengenal sempadan. Walaupun rasuah berpunca dari berbagai sebab, namun antara alat yang sering dicadangkan untuk mencegah dan memerangi rasuah adalah laporan oleh pemberi maklumat. Sebagai negara penandatangan kepada Persidangan Menentang Rasuah Bangsabangsa Bersatu (UNCAC), Malaysia telah menyahut saranan UNCAC dengan menggubal Akta Perlindungan Pemberi Maklumat (APPM 2010) pada tahun 2010. Menggunakan kaedah penyelidikan perundangan, artikel ini membincangkan secara ringkas sama ada peruntukanperuntukan APPM 2010 selari dengan kehendak UNCAC. Didapati bahawa ada peruntukanperuntukan APPM 2010 yang selari dengan UNCAC dan ada juga yang tidak selari di mana ia mungkin menyebabkan ketidak berkesanan pada akta tersebut. Di akhir perbincangan, cadangan diberikan untuk penambahbaikan sepertisaluran untuk pemberi maklumat membuat laporan adalah lebih telus dan lebih banyak, menyediakan system ganjaran kepada pemberi maklumat serta menyediakan organisasi untuk memantau perlindungan yang diberikan kepada pemberi maklumat.
Journal of Money Laundering Control, Aug 7, 2021
Purpose This paper aims to analyse the anti-money laundering (AML) obligations imposed on bankers... more Purpose This paper aims to analyse the anti-money laundering (AML) obligations imposed on bankers as the main reporting entities under the AML regime in Malaysia. Apart from discussing the relevant provisions, several court cases were also examined to identify the problems which arise in the implementation of the law and the risk of dismissal that bankers may face. Design/methodology/approach This paper mainly relies on statutes and court cases as its primary sources of information. It is supported by secondary data to justify the analysis. This paper also uses an analytical descriptive approach to analyse relevant provisions from statutes and to examine current court cases regarding the implementation of the AML obligations on bankers. Findings It is submitted that the AML legislation imposes a significant burden of reporting requirements on the bankers, failure of which may justify the dismissal or termination of their services. In other words, the law has not only altered the way bankers deal with their customers but also poses substantial legal risks to their security of tenure. Indeed, getting the right balance between the need to combat money laundering and the interests of bankers is a difficult exercise. Originality/value This paper provides an analysis of the liability of bankers under Malaysian AML laws. It is hoped that the content of this paper can provide some insight into this particular area for bankers, enforcement authorities, practitioners, academics, policymakers and legal advisers, not only in Malaysia but also elsewhere. The findings of this paper also highlight the risks that bankers may face for non-compliance with the reporting obligations under the AML laws.
Journal of Money Laundering Control, Jan 2, 2018
Purpose -Money laundering has been a focal problem worldwide. Governments constantly come up with... more Purpose -Money laundering has been a focal problem worldwide. Governments constantly come up with initiatives to fight against this offence. To clean proceeds of corruption, the laundering of money is utilised, as it transforms "dirty" money into "clean" ones. A comparative analysis between Malaysia's Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) and United Kingdom's Proceeds of Crime Act (POCA) is performed on the basis of the similarities and differences of both legislations, in terms of forfeiture provisions. The purpose of this paper is to investigate whether the current forfeiture regime in both jurisdictions is effective in fighting against money laundering. Design/methodology/approach -This paper is based on a doctrinal research where reliance will mainly be on relevant case laws and legislations. AMLATFPUAA and POCA are key legislations which will be utilised for the purpose of analysis. Findings -Strengths and weaknesses of both AMLATFPUAA and POCA are identified through a comparative analysis where findings show that POCA is more comprehensive than AMLATFPUAA in terms of offences covered by it and standard of proof. With that, the anti-money laundering (AML) laws can further be improvised by being a better and efficient regime where Malaysia and United Kingdom will be able to discharge their duties effectively on forfeiting benefits from criminals. Originality/value -This paper offers some guiding principles for academics, banks, their legal advisers, practitioners and policy makers, not only in Malaysia but also elsewhere.
Journal of Money Laundering Control, May 6, 2014
Purpose – The purpose of this paper is to analyze banking secrecy laws against the background of ... more Purpose – The purpose of this paper is to analyze banking secrecy laws against the background of the Malaysian anti-money laundering laws. It has been argued that the anti-money laundering law makes greater inroads into the banking secrecy rule when compared to the common law or other statutes. Banks can disclose customer’s information on even grounds of suspicion of money laundering. Banking secrecy is a customer privilege, whereas combating money laundering is critical for public safety and security. Indeed, achieving a proper balance is a desirable goal. But how do we go about achieving such a balance is a question encountered by many law enforcement authorities. This paper looks into these issues. Design/methodology/approach – This paper mainly relies on statutes as its primary sources of information. As such, the relevant Malaysian laws that provide the banking secrecy rule will be identified and analyzed. It will be necessary to examine the banking secrecy rule in the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) and other relevant statutes in detail, as these are the most important legislation for the purpose of this paper. Findings – On closer inspection, it is submitted that AMLATFA provides sufficient safeguards to ensure that the disclosure of customer’s information is carried out in a manner that is not prejudicial to the interest of legitimate customers. This is a positive approach that could protect the innocent customers from being mistreated by the law. Ultimately, it can be said that the growing threat of global money laundering and terrorism makes the overriding of banking secrecy justified because without a flow of information from the banks, the effective prevention of the menace is not possible. Originality/value – This paper analyzes the inroads into the banking secrecy rule under the Malaysian anti-money laundering laws. It would provide some guidelines into this particular area for academics, banks, their legal advisers, practitioners and policy makers, not only in Malaysia but also elsewhere.
International Journal of Law and Management, Jul 11, 2016
Purpose -This paper aims to develop an instrument for measuring Consumer Protection and its Deter... more Purpose -This paper aims to develop an instrument for measuring Consumer Protection and its Determinants (CP&Ds). This is because literature on an instrument to measure CP&Ds is scarce. Design/methodology/approach -In Nigeria, 53 questionnaires were distributed to legal practitioners. The study used 24 items to operationalize the CP&Ds. The research data were coded and scored, and the exploratory factor analysis (EFA) was conducted using SPSS version 22. The Bartlett's test of sphericity, Kaiser-Meyer-Olkin, Cronbach's alpha and Pearson's correlation coefficient were used for the EFA, internal consistency reliability and multicollinearity, respectively. Findings -The EFA produced seven factors, and each determinant was found reliable with its measure of internal consistency. Research limitations/implications -The research result may not be generalized across jurisdiction because of the limited sample size and the fact that the data were collected from Nigerian legal practitioners. Practical implications -This study can be used by policymakers and even private electricity companies in the deregulated electricity sector in Nigeria for policy design and effective consumer protection. Originality/value -From the extensive literature review none was identified on the scale development for measuring CP&Ds. This exploratory research is the first attempt to develop an instrument for measuring CP&Ds.
Journal of Financial Crime, Jul 4, 2016
Before the enactment of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA)... more Before the enactment of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), the fight against financial crime can be found in several statutes such as the Penal Code, Anti-Corruption Act 1997 and Companies Act 1965. It is generally accepted that by freezing and forfeiting the proceeds of crime, it would give significant impact on the fight against financial crime. However, under these legislations there were few shortcomings of the procedures on how the proceeds of crime could be seized and forfeited. As such, the enactment of AMLATFA is considered timely to overcome these problems. AMLATFA provides innovative tools for the law enforcement officials to follow the money trail which will eventually lead to those who committed the financial crime. It also provides authorities with more powerful seizure and forfeiture measures. This is seen as a new law enforcement strategy to combat financial crime. It is believed that this approach is more effective than the traditional approach which only punished the individual criminal but failed to diminish the criminal operations. This paper aims to examine how the anti-money laundering law could be utilized to combat financial crime in Malaysia. To achieve this aim, this paper will focus on the provisions relating to measures for freezing, seizure and forfeiture of proceeds of crime under AMLATFA.
Money laundering may be defined as the process of cleaning 'dirty money' derived from criminal ac... more Money laundering may be defined as the process of cleaning 'dirty money' derived from criminal activities so that it appears t o have originated from legitimate sources. It helps distance criminals from the proceeds of the underlying crimes so that they can enjoy their ill-gotten gains without fear of prosecution and confiscation. As such, money laundering not only encourages crime, but if left unchecked, it can also pose devastating political, social and economic consequences for any countries. The underlying rationale behind anti-money laundering (AML) laws is that if money laundering is criminalized and criminal proceeds are confiscated, crime will no longer pay and there will be less motivation for criminals t o commit crimes. In fulfilling its international obligations and commitment in the war on money laundering, Malaysia passed Anti Money Laundering and Anti-Terrorism Financing Act (AMLATFA) in 2001. AMLATFA is implemented by multi-law enforcement authorities led by Bank Negara Malaysia. AMLATFA also provides more powerful and innovative measures which may facilitate the recovery of illegal proceeds from money laundering and any other serious crimes.This paper will focus on the provisions relating t o the investigation of money laundering and measures for the freezing, seizure and forfeiture of criminal proceeds under AMLATFA. It is hoped that this piece of information will provide a better insight for the law enforcement officialson some legal issues that have arisen in implementing the AML laws in Malaysia.lndeed, the AML laws should be allowed to operate effectively and efficiently to bring criminals t o justice.
Beijing Law Review, 2016
The paper assessed the appropriateness of the regular courts for consumer redress in Nigeria in v... more The paper assessed the appropriateness of the regular courts for consumer redress in Nigeria in view of delays, and the cost of legal services before the ordinary courts. The paper adopted a phenomenological qualitative research approach in exploring the perspectives and experience of government officials and other private bodies involved in consumer protection and consumer redress. Twenty face-to-face interviews were conducted, transcribed and thematically analysed. The study found that legal services are not affordable to the consumers and that the ordinary courts are inappropriate for consumer dispute resolution. The research participants were limited to officials of consumer protection, products standard setting agencies, legal aid, academics, and heads of consumer organizations. The participants excluded the ordinary consumer of goods and services in the country. The study recommends the establishment of a cheap, simple and expeditious redress mechanism for redressing the widespread consumer injustice in the country. A wellfunded legal aid scheme to bridge the gap between the poor consumer and the justice system is equally suggested. This study is the first attempt at qualitatively exploring in-depth the appropriateness of the justice delivery system for consumer redress in Nigeria.
Laporkanlah jika ada salahlaku, ianya perbuatan yang betul untuk dilakukan. Seorang pemberi maklu... more Laporkanlah jika ada salahlaku, ianya perbuatan yang betul untuk dilakukan. Seorang pemberi maklumat boleh meletakkan keadilan ditempat yang sepatutnya. Jika tidak disebabkan maklumat yang diberikan, maka salahlaku akan terus terjadi dan ini mungkin akan memudaratkan lebih ramai orang, malah memudaratkan sesebuah negara jika salahlaku tersebut tidak dihentikan. Namun, seorang pemberi maklumat terpaksa menghadapi risiko yang tinggi termasuklah menggadai nyawa, kebebasan, keluarga, pekerjaan, malah menghadapi tohmahan daripada segelintir masyarakat yang tidak bersetuju dengan pemberian maklumat tersebut. Ini ketara apabila maklumat yang didedahkan adalah rahsia sulit kerajaan. Kajian kes yang dibuat ke atas dua pemberi maklumat iaitu Edward Snowden dan Helve Falciani mendapati mereka terpaksa melarikan diri memohon suaka dari negara lain bagi mengelak dari didakwa dan dihukum di negara yang maklumat rahsianya mereka dedahkan. Walaupun maklumat rahsia tersebut adalah bertentangan dengan demokrasi dan undangundang di negara tersebut atau undang-undang antarabangsa. Menggunakan kaedah penyelidikan perundangan yang berbentuk kajian kes di mana beberapa perbandingan dibuat antara kes-kes pemberi maklumat tersebut, maka didapati terdapat persamaan dan perbezaan antara kesan yang dihadapi oleh pemberi-pemberi maklumat tersebut. Antara kesannya adalah segolongan masyarakat menganggap mereka sebagai hero kerana berani menyatakan kesalahan yang dilakukan oleh negara. Sebahagiannya pula mengganggap mereka sebagai pembelot negara yang membocorkan rahsia dan mengabaikan kepentingan negara.
melaporkan sehingga Januari 2009 terdapat seramai 6,780 orang penagih dadah menerima rawatan / pe... more melaporkan sehingga Januari 2009 terdapat seramai 6,780 orang penagih dadah menerima rawatan / pemulihan di 28 buah Pusat Pemulihan Penagihan Narkotik (PUSPEN) di seluruh negara. Di bawah Akta Penagih Dadah (Rawatan dan Pemulihan) 1983, ‗penagih dadah' ditakrifkan sebagai seseorang yang melalui penggunaan mana-mana dadah berbahaya mengalami suatu keadaan psikik dan kadangkala keadaan fizikal yang dicirikan sebagai gerak balas tingkahlaku dan gerak balas lain, meliputi desakan mengambil dadah secara berterusan atau berkala dan mengalami kesan psikiknya dan mengelakkan ketagihan kerana ketiadaan dadah (Akta Penagih Dadah (Rawatan dan Pemulihan), 1983). Dadah berbahaya pula didefinisikan sebagai mana-mana dadah atau bahan yang terkandung di dalam Jadual Pertama Akta Dadah Berbahaya 1952. Namun definisi -penagih‖ ini gagal menepati beberapa isu penting berkaitan dengan penagihan dan pemulihan dadah yang terkini. Sebagai contohnya persoalan klasifikasi dadah yang sudah ketinggalan dengan penciptaan dadah-dadah yang lebih canggih dan memberikan kesan khayal yang lebih drastik dan tempoh yang lama. Sebagai contohnya penagih bahan (substance) seperti daun ketum dan bahan inhalan (inhalants) seperti gam dan minyak petrol tidak dikategorikan sebagai penagih di bawah Akta. Ini bermakna klasifikasi dadah yang diwartakan di dalam undang-undang yang ada perlu terkini.
Asian Social Science, Aug 18, 2015
Purpose: This study explores the challenges for consumer protection in the Nigerian deregulated e... more Purpose: This study explores the challenges for consumer protection in the Nigerian deregulated electricity sector. The study argues that ignorant and unenlightened consumers are easy prey for exploitation in the marketplace. Educating the consumer minimizes consumer exploitation and enhances consumer protection. The study is qualitative. Twenty in-depth semi-structured interviews were conducted with the relevant stakeholders involved in consumer protection and standard setting in the Nigerian electricity sector. The study adopted the Benner's Interpretive Phenomenology and explored the everyday practical experience and perspectives of the participants on the challenges of consumer protection. The analysis was thematically conducted and accordingly supported by sufficient excerpts. The study found several challenges for consumer protection in the Nigerian electricity sector. Emphatically, the participants were unanimous on lack of awareness as the major challenge for the electricity consumers' protection. The research participants were only staff from consumer protection and products standard setting agencies, academics, and heads of consumer organizations. Additionally, the paper only addressed the challenge of lack of awareness and the data collection constrained by funds paucity and difficulties in securing appointments with the busy participants. The study suggests that consumer protection agencies need to do more in the area of consumer education and enlightenment otherwise the exploitation of the Nigerian electricity consumers will continue. Originality/value: Consumer protection literature abounds. This study is, however, the first attempt at qualitatively exploring in-depth the challenges for electricity consumers in deregulated electricity sector. The study emphasized the value of consumer awareness for better consumer protection.
Money laundering has been described by many as the lifeblood of crime and is a major threat to th... more Money laundering has been described by many as the lifeblood of crime and is a major threat to the economic and social well-being of societies. In recent years a number of countries have implemented laws to fight against money laundering and Malaysia is no exception. The Malaysian Anti Money Laundering Act (AMLA) was passed in 2001 and came into force in January 2002. It was amended in 2003 to include measures to combat against terrorism financing. Following the amendment, AMLA was renamed Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA). AMLATFA not only criminalizes money laundering and terrorism financing, but also imposes various obligations on reporting institutions. It includes measures for the investigation of money laundering and terrorism financing offences and the freezing, seizure and forfeiture of criminal proceeds. Banks as the main reporting entities have borne the brunt of the measures introduced by AMLATFA. Despites its introduction in 2002, little academic research has been carried out on how the legislation impacts on banks in Malaysia. This study attempts to address that need. It will analyse how the relevant provisions of AMLATFA affect banks, their operations and relationships with outsiders, such as customers and other stakeholders. This study is divided into seven chapters. The first chapter gives an overview of money laundering. The second chapter looks at various international initiatives to combat money laundering. Chapter three examines the anti-money laundering laws of Malaysia with much of the emphasis on the relevant provisions of AMLATFA. Chapter four examines how the law impacts on the operations of banks. Chapters five focuses on the anti-money laundering measures in the Malaysian offshore financial centre. Chapter six looks at how the law impacts on the banks' relationship with outsiders. Chapter seven provides a survey of Australian anti-money laundering laws as a basis for comparison. ii This study draws a number of broad conclusions: First, AMLATFA, by comparison with similar laws in other countries is comprehensive and up-to-date, but the regulatory authorities need to provide more guidelines to facilitate compliance; Secondly, the legislation imposes a significant burden on banks and yet there is no way of gauging its effectiveness in the absence of any reliable statistics; Thirdly, the legislation has not only altered the way banks deal with their customers and other banks, but also poses significant legal risks for non-compliant banks; Finally, getting the right balance between the need to combat money laundering and the interests of bank is a difficult exercise.
UUM journal of legal studies, 2020
The constitution confers on the legislative arm of government impeachment power and prescribes wh... more The constitution confers on the legislative arm of government impeachment power and prescribes when and how it should be exercised. Disputes arising from the exercise of this power are submitted to the courts for adjudication in line with their inherent powers. The issue of compliance with these constitutional requirements is a cause for concern as most of the impeachment proceedings conducted so far in Nigeria had been challenged in court for noncompliance. The question is, could this role played by the Nigerian courts ensure compliance? The objective of this paper is, therefore, to determine whether the courts could ensure compliance with the constitutional requirement for impeachment. In order to achieve the objective of this paper, doctrinal methodology is used whereby relevant materials were analyzed and conclusion made. The result showed that the role played by the courts cannot ensure compliance with the constitutional requirements because the courts only intervene after the conclusion of the exercise due to disrespect to court orders from the legislature. This is largely due to lack of specific role conferred on the courts in impeachment proceedings. It is, therefore, recommended that the constitution be amended to vest on the Supreme Court the specific role of ensuring 2 UUMJLS 10(1) Jan 2019 (1-24) that all the constitutional requirements for impeachment have been duly complied with before a public officer is removed.
UUM journal of legal studies, 2016
Domestic violence is a social epidemic in Malaysia. To combat this, the Domestic Violence Act 199... more Domestic violence is a social epidemic in Malaysia. To combat this, the Domestic Violence Act 1994 and the Domestic Violence (Amendment) Act 2012 has set up a mechanism via the Malaysian criminal justice system to investigate reports, prosecute the perpetrators and protect the victims of domestic violence. Unfortunately, the mechanism has been viewed with disfavor by many. This paper attempts to critically appraise the effectiveness of the mechanism and subsequently propose an alternative method to better deal with domestic violence cases. Applying a descriptive and analytical approach in data analysis, the paper concluded that the mechanism currently being implemented in dealing with domestic violence cases is ineffective and ineffectual. Therefore a specialized court (instead of the current criminal court) which deals specifically with domestic violence is suggested.
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Papers by ASPALELLA A RAHMAN