The family can be considered as a place of refuge from stress and strains of the outside world. This may be true for some but sometimes the home can also be a very dangerous and unsafe place for women and children 1
The certification and mediation training are very important to ensure that mediators are in the best position to be neutral third parties and can effectively exercise a significant amount of authority and power over disputants. The Malaysian Mediation Act 2012 is silent on mediation training and practice for the mediators. Mediation training is related to the issues of qualification and accreditation of mediators since good quality mediation training will reflect the general practice of mediation. This paper is a summary and analysis of the literature on mediation training and practice issues. Some models of mediation training are also highlighted. This research employs qualitative research methodology, which is based on the doctrinal approach. The information and contribution of this research will help the government to enhance the quality of mediation trainers and programme administrators as they seek to ensure that the training, they provide is of the highest quality possible so that a standardised certification for mediators can be implemented in Malaysia.
In Malaysia, the increase in juvenile delinquency has always been a source of worry. The discussion around juvenile sentencing is always centred on the familial aspect of rehabilitating adolescents and the punitive role of criminal punishments. The proponents of restorative justice think that children in their vulnerable position should not be subjected to harsh sentences, whereas the proponents of punitive justice advocate for harsher, deterrent punishments. In light of this, this study aims to examine the practice of sentencing children in Malaysia. This essay examines the challenges judges encounter when selecting appropriate sentencing for juvenile criminals. This study applied a doctrinal methodology to discuss the legal provisions of the Child Act 2001, Criminal Procedure Code, Penal Code and reported cases. This study employed content analysis of the reported cases from online databases such as the LexisNexis and Current Law Journal. The data from primary sources of law such as legislation and reported cases were accompanied with secondary data obtained from journal articles, textbooks, conference papers, theses, published statistics, and webpages. This study found that the sentencing practice with regard to children in Malaysia differs from one case to another. Judicial discretion given to the judges are not accompanied by specific guidelines but rather general considerations such as the age of the offenders, the gravity of the offence, the probation report and previous conviction. This study concludes that juveniles' punishments must be proportional to the severity of their crimes. A sentencing guideline should be established to guarantee that sentencing practices are consistent. Besides, clear procedures in preparing a probation report must also be established. For future research, this study recommends a relook on the role of probation officers and the significance of probation report in assisting judges to impose appropriate punishment towards juvenile offenders.
This study aims to reevaluate the role of Bundo Kanduang in addressing Domestic Violence cases within the Minangkabau indigenous community in West Sumatra. Utilizing qualitative research methods, data collection tools include documents, interviews, and Focus Group Discussions (FGD). The study involves Bundo Kanduang Adat and household members within the Bundo Kanduang organization in Tanah Datar, Agam, and Fifty Cities, totalling 35 participants per regency. Data analysis consists of three stages: Reduction, Presentation, and Verification. Method triangulation compares interview outcomes with FGD results for data triangulation. Theoretical triangulation is then applied to reassess Bundo Kanduang's role in resolving domestic violence cases. The findings reveal that Bundo Kanduang's role in addressing domestic violence under Minangkabau customary tambo has been implemented socially but not optimally within families due to factors such as low education, demanding work schedules, children relocating after marriage, and a lack of concern for one's hometown. To ensure the effective implementation of Bundo Kanduang's role in combating domestic violence, the following reformulations are proposed: 1) Leveraging the "nan 4" principle; 2) implementing premarital education and training; 3) applying people-oriented management; 4) compiling Nagari and community monographs; and 5) reinforcing matrilineal culture.
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