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. Keywords: Domestic violence; women; domestic violence court
From the end of the year 2008 to 2021, Israel committed four wars in the Gaza Strip. These wars were known as Operation Cast Lead in2009, Operation Pillar of Cloud in 2012, Operation Protective Edge in 2014, and Operation Guardian of the Walls in 2021. The destructive impacts on vital facilities in Gaza, including schools, universities, mosques, hospitals, and United Nations Relief centers, as well as the killings of thousands of innocent civilians by Israeli forces, are visible evidence of a serious violation of the principle of distinction, a basic principle provided under the international humanitarian law conferring protection upon the civilians during armed conflicts. The accession of Palestine to the Rome Statute of the International Criminal Court on crimes. This paper aims to analyze the position of individual criminal responsibility committed during the above-mentioned wars, regulated under the Rome Statute of the International Criminal Court and other relevant international conventions. In analyzing the data from primary and secondary sources, this paper applied doctrinal legal research and qualitative approaches. This paper concludes that the Rome Statute of the International Criminal Court associated the individual criminal responsibility for war crimes by systematically determining the extentof participation, namely: (1) commission; (2) ordering/instigating; (3) assistance; and (4) contribution to a war crime as a group crime. Thus, Israeli military leaders ought to be held liable for the commission of war crimes in accordance with Article 8 of the Rome Statute of the International Criminal Court. The pretexts of the Israeli occupation to be exempt from criminal responsibility should be rejected according to the state of legitimate defense.
The problem of domestic violence (DV) in Malaysia has not yet been completely curbed. A significant increase in DV cases can be seen during the period of the Movement Control Order (MCO). This phenomenon is of great concern as the COVID19 pandemic is not over and the potential for MCO directives on areas with an increase in COVID19 cases is high. This paper aims to discuss the protection afforded to DV victims in Malaysia by the Domestic Violence Act 1994 (Act 521) (AKRT 1994). Using a descriptive approach and library research, the provisions of AKRT 1994 are critically analyzed. The findings of the study show that the amendments to AKRT 1994 in 2017 have improved the existing act. Among the main improvements are the expansion of the scope and definition of KRT as well as the introduction of the Emergency Protection Order (EPO). As a result, at present, not only victims of physical abuse, victims of emotional, psychological, and financial abuse are also eligible for protection under AKRT. In addition, victims can also seek immediate protection through EPO as it does not require the court’s permission which would normally be time-consuming. This 2017 amendment makes AKRT more proactive because it has taken into account the various problems faced by DV victims over the years. However, to make AKRT effective, victims need to have the courage to come forward to seek protection and justice.
Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia’s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota.
The flooding of illegal immigrants likely to be infected with Covid-19 through the sea route was seen as among the main factors that cause rising numbers of Covid-19 infected cases in the country, especially in Sabah. The intrusion of illegal immigrants through the sea route is not a remote issue that occurs only in Malaysia, rather it is a universal issue where most countries are seeking to overcome. The surrounding sea area and coastline and the weaknesses in law enforcement are considered to be among the factors that further aggravate the entry of illegal immigrants through the sea route. By adopting a descriptive approach and library-based study, this working paper elaborates the spreading of Covid-19 by illegal immigrants, especially those entering the country through the sea route. The discussion is conducted by examining the legal position of international law under the United Nations Convention on Law of the Sea 1982 (UNCLOS) that confers rights on the coastal states to control their borders against the intrusion of illegal immigrants carrying a threat to the national health. The finding from this working paper shows that UNCLOS grants rights to the coastal state to prevent the spreading of diseases in its territorial sea and contiguous zone. However, there exist lacunae in the local laws in applying the provisions enshrined under UNCLOS.
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