This paper looks at the interplay between the administration of Islamic law in Malaysia in relation to Islamic family law and Islamic criminal law; and human rights. The paper examines the basis of the administration of Islam in Malaysia in relation to its history and post-independence mandate. It looks at the position of human rights under the Federal Constitution and the position of the administration of Islamic law under the constitutional framework. The research found that entrenching fundamental liberties through the supremacy clause resulted in the prevalence of human rights over freedom of religion. However, this is not consistently arrived at since the constitutional frameworks allows for plurality of laws and exclusion of personal law from the principle of equality.[artikel ini membahas kelindan antara administrasi hukum islam, hukum keluarga islam, hukum pidana islam, dan HAM di Malaysia. Artikel ini berbasis pada sejarah administrasi Islam di Malaysia sebelum dan sesudah kemerdekaan. Pembahsan lain artikel mengamati posisi HAM di bawah Undang Undang Federal Malaysia dan administrasi hukum Islam dalam kerangka konstitusional. Berdasarkan hasil riset menunjukkan dasar kebebasan pada supremasi klausul perundangan yang cenderung lebih utama HAM daripada kebebasan beragama. Meskipun demikian, hal ini tidak selalu konsisten ketika perspektif konstitusi mengikuti pluralitas hukum dan eksklusi hukum personal dari prinsip kesetaraan.]
The purpose of the study is to evaluate the model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agendas is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of executive power in the decision to appoint justices who were finally appointed by the Yang Dipertuan Agong. Therefore, there is pressure to make the process of appointing justices more transparent to produce more credible and independent justices. In 2009, the Judicial Appointments Commission was established in Malaysia to ensure an unbiased selection of judicial candidates for the consideration of the Prime Minister. Second, the requirements for selecting Supreme Court justices in Indonesia are more detailed and longer process than in Malaysia because the process of selecting Supreme Court justices is done by the Judicial Commission and there is a confirmation hearings process in the House of Representatives. In fact, the selection process affects the independence, impartiality, and integrity of the Supreme Court justices. Although Malaysia does not have any judicially determining cases on the lack of integrity of Supreme Court Justices, there were allegations of impropriety.
After the 2018 General Election, the incoming coalition made numerous institutional reform pledges, including the establishment of a Malaysian media council to self-govern the press. Nevertheless, the concept is not new as it was initially proposed in 1973. Following stakeholders’ discussions over the past few years, it was decided that a self-regulatory media council should be formed. This is a critical step towards restoring the country’s long-suffering press freedom that had been stifled by press regulations. Hence, it is necessary to study the self-regulatory paradigm as Malaysia is moving towards the formation of a self-regulatory media council to govern its press. The United Kingdom’s vast experience with media self-regulation may help Malaysian policymakers decide whether to adopt a self-regulatory approach to governance or not. The authors in this study used textual analysis of legislation and case law and secondary data from existing works to examine the proposal of establishing a self-regulatory Malaysian media council.
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