The UN Sustainable Development Goals (SDG) provides for seventeen universal objectives in which three of which are related to the administration of estate namely no poverty, zero hunger and gender equality. Issues on sustainability in estate administration are commonly associated with problems that occur during the management of the deceased’s estate. Issues such as disputes among family members and mismanagement of asset by the personal representative or senior family members often lead to delays in the estate administration. Over the years, inefficiency in the administration of the estate process has led to financial instability such as poverty and in an extreme situation, hunger of the deceased’s family members as their entitlement over the asset was jeopardised by the mismanagement and unfair distribution of the estate. This paper addresses the sustainability issues in estate administration where the focus of the discussion is the issues of disputes among the family members. This paper also suggests a resolution of the dispute by way of mediation process, which is capable of maintaining sustainability in estate administration. Employing a qualitative approach, the paper adopts a research method through a library-based study by examining materials including statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings and seminar papers. The research found that preserving a good relationship between the family members is one of the keys to ensure smoothness and consistency in estate administration, hence contributing to the sustainability of the deceased’s family members as well as adhering to the SDG.
This research focuses on the position of the relevant procedures concerning an arrest with regards to drug cases in Malaysia. There are three relevant acts that provide for the procedures for arrest concerning drug related cases in Malaysia. They are the Dangerous Drugs Act 1952 (DDA1952), the Criminal Procedure Code and the Drugs Dependants (Treatment and Rehabilitation) Act 1983 (1983 Act). However, there are conflicts between the application and the interpretation of the relevant provisions under each of these Acts by itself. Hence, this article outlines three objectives ie.: (i) to identify the various provisions relating to drug cases in Malaysia; (ii) to identify and analyse the position and the interpretation of the Malaysian criminal procedure law with regards an arrest concerning drug related cases; and (iii) to suggest improvements that can be made to the law governing an arrest relating to drug cases in Malaysia. In order to achieve these objectives, the research used a qualitative approach with pure legal method as statutes and legal cases would be used as primary source. The research found that that the courts cannot come to a conclusion on whether one or two bottles of urine sample is needed for an examination. This research also found that under the 1983 Act, there have been no recent cases that discussed on the procedures for arrest as well as the number of urine samples that needed to be collected as most of the recent cases were to be tried under the DDA 1952. Finally, there are conflicts in determining the manner of arrest relating to drugs cases under the DDA 1952. Thus, this research suggests an amendment to the Dangerous Drugs Act 1952. The issue of how many bottles of urine samples that need to be collected as well as the issue of whether the MOH Guidelines and IGSO have the relevant force of law must be addressed in this amendment. Next, this research also suggests that the 1983 Act be revised as well as updated due to the arising issues as mentioned earlier.
This research focuses on the position of the relevant procedures concerning an arrest with regards to drug cases in Malaysia. There are three relevant acts that provide for the procedures for arrest concerning drug related cases in Malaysia. They are the Dangerous Drugs Act 1952 (DDA1952), the Criminal Procedure Code and the Drugs Dependants (Treatment and Rehabilitation) Act 1983 (1983 Act). However, there are conflicts between the application and the interpretation of the relevant provisions under each of these Acts by itself. Hence, this article outlines three objectives ie.: (i) to identify the various provisions relating to drug cases in Malaysia; (ii) to identify and analyse the position and the interpretation of the Malaysian criminal procedure law with regards an arrest concerning drug related cases; and (iii) to suggest improvements that can be made to the law governing an arrest relating to drug cases in Malaysia. In order to achieve these objectives, the research used a qualitative approach with pure legal method as statutes and legal cases would be used as primary source. The research found that that the courts cannot come to a conclusion on whether one or two bottles of urine sample is needed for an examination. This research also found that under the 1983 Act, there have been no recent cases that discussed on the procedures for arrest as well as the number of urine samples that needed to be collected as most of the recent cases were to be tried under the DDA 1952. Finally, there are conflicts in determining the manner of arrest relating to drugs cases under the DDA 1952. Thus, this research suggests an amendment to the Dangerous Drugs Act 1952. The issue of how many bottles of urine samples that need to be collected as well as the issue of whether the MOH Guidelines and IGSO have the relevant force of law must be addressed in this amendment. Next, this research also suggests that the 1983 Act be revised as well as updated due to the arising issues as mentioned earlier.
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