This study will delve into the Malaysian legal framework for the protection of refugee children; their legal status under the law; and guarantee to their rights. It will first identify the general protection under various Malaysian statutes relevant to refugee children. Discussion will continue to emphasise on any adverse effect of the legal provisions on refugee children. This will then followed by analysing Malaysia’s international commitment and obligation relating to children in general with some reference to refugee children. Discussion will touch on the role and mandate of the United Nation’s High Commissioner for Refugee’s (UNHCR) office, to protect refugee, Malaysia’s commitment as a state party to the United Nation Convention on the Rights of the Child (UNCRC) and it’s refusal to ratify the 1951 Convention Relating to the Status of Refugee (CRSR). Other dimension of this paper is the highlight of the adverse effects of inconsistent domestic legal provisions on the enjoyment of rights by refugee children. Finding of this study will show the extent of protection offered to refugee children under domestic laws and the reasons why Malaysia should fulfill its international obligation towards refugee children and further effort that must be initiated to ensure compliance to protection under international law. Keywords: Refugee children, Malaysian law, rights of the child.
The application of international custom in domestic courts is a contentious exercise. This paper examined the importance and applicability of the principle of non-refoulement in domestic courts. Discussion begins with the scrutiny of the formation of the principle as international custom. Next, it deals with the status of international customary law in the domestic legal framework of a dualist state with the analysis of the judicial response to attempt to invoke international custom in cases. The result shows that there are legal impediments that must be removed to enable meaningful application of the principle for the benefit of refugees.
Tropical rainforest in Peninsular Malaysia is home to a highly diverse flora and fauna. The biodiversity and sustainability of the forest are highly potential to mitigate climate change and its adverse consequences. Although Malaysia is committed to preserve the forest in recognition of the important services, the threat against the forest of degradation and even deforestation for demand of other prevailing interests remain. Bio banking scheme has been one of market-oriented mechanisms which have been suggested to fund towards ensuring the sustainability of the biodiversity in Malaysia. By examining the experience of biobank for forest or environmental conservation, this paper considers issues and challenges in the creation of such biobank in Peninsular Malaysia as proposed in a study. For this, it considers two existing schemes of biobanking, one is implemented in the New South Wales, Australia, and the other is in Sabah, Malaysia, the Malua Biobank. The main features of these two schemes are examined and the issues faced are considered in the context of the Peninsular Malaysia. Creation of such biobank is significant to promote for further efforts in finding alternatives in forest conservation.
In Indonesia there are still many children who have been sentenced after the enactment of the Law on the Juvenile Criminal Justice System and other regulations. A question arises as to whether there are any obstacles in the application of Supreme CourtRegulation (PERMA) Number 4 of 2014. This paper reviews restorative justice for criminal juvenile drug use users. The method used in this research is a normative juridical approach using a case approach and a statute approach where the research is carried out by examining library materials which are secondary data. The results of the study show that PERMA Number 4 of 2014 regulates diversion against children whose charges are in the form of subsidiary, alternative, cumulative, or combination (combined). One of which is punishable by under 7 (seven) years in prison. Furthermore, PERMA No. 4 of 2014 has not fully provided legal protection for children, especially perpetrators of drug use crimes, so that PERMA needs further regulation in accordance with the provisions to avoid contradictions. Therefore, there is a need for consolidation between law enforcers to formulate legal certainty from the juvenile justice system.
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