Artificial intelligence (AI) in construction arbitration can enhance efficiency, lower costs and speed up dispute resolution. But this integration creates a fundamental legal tension between the “black-box” nature of AI systems and the statutory duty of arbitrators to provide human-reason awards. The study adopts a doctrinal legal research methodology to compare the regulatory readiness of the two jurisdictions for AI in construction arbitration, addressing a unique gap in the existing literature concerning emerging Asian economies like India and Malaysia. In Malaysia, interim statutory adjudication and commercial arbitration are clearly differentiated by their comparative parameters. The paper distinguishes between administrative AI tools and algorithms for decision-making and addresses major legal risks, including potential violations of due process, the ‘equality of arms’ and cross-border data protection limitations within the framework of Malaysian and Indian legal systems. Finally, the article synthesises comparative global practices from the EU, US and China to suggest a “Hybrid Governance Model”. This model balances soft-law institutional guidelines against hard-law statutory amendments in a systematic manner to safely embed AI into construction dispute resolution, all while rigorously safeguarding procedural fairness and arbitral enforceability.
Business competition is an important element in the modern market economic system in Indonesia, functioning to achieve efficiency and innovation, as well as increase social welfare. However, the competition dynamics do not always operate in an ideal manner. Various market distortions, such as monopolies, cartels, tender control, and the abuse of dominant positions, still often happen, hindering the creation of an efficient market. The problem formulations of this paper are: (1) What are the basic characteristics of the business competition legal procedures? (2) How are they implemented? This research strives to answer basic questions on the characteristics and implementation of business competition legal procedures as applied by the Business Competition Supervisory Commission. This research utilized the normative-juridical research method with a focus on the study of positive legal norms, especially those which are applied by the Business Competition Supervisory Commission. The procedural law carried out by this commission has its own unique characteristics, which are sui generis, meaning that they do not fully follow the patterns of criminal and civil legal procedures. The Business Competition Supervisory Commission combines the legal and economic approaches to assess an action as a violation of business competition principles. Thus, the evidencing process not only focuses on the formal law aspect but also considers market dynamics, industrial structure, and economic impacts towards business actors and consumers. The application of the procedural law by the Business Competition Supervisory Commission shows a systematic process, starting from the investigation, initial examination, and up to the further examination processes. This process is rather effective in disclosing violation patterns, such as cartels, tender control, and the abuse of dominant positions. The Business Competition Supervisory Commission’s decisions in various cases shows this commission’s capability to comprehensively assess anti-competition behavior through profound economic analysis.
The issue of privacy and personal data protection has been a protracted conflict between the Malaysian Government and its citizens. Rapid technological progress has created challenges in ensuring that Malaysia’s Personal Data Protection Act (PDPA) is robust enough to protect personal and sensitive data. The Malaysian PDPA faces criticism for failing to adapt to these changes. The PDPA was enacted and implemented in Malaysia in 2010. Despite being in existence for 15 years, the legislation has faced ongoing criticism due to its deficiencies in safeguarding the rights of individuals and the government’s interests. This paper aims to evaluate the dilemma arising in personal data protection due to the gap between existing legal measures and hindrances of the enforcement of personal data. The qualitative research methodology, which includes doctrinal and comparative legal analysis of primary sources, reveals that protecting personal data is an ongoing and formidable challenge. The authors argue that the PDPA 2010 requires a comprehensive overhaul and a greater emphasis on a collaborative approach between private and governmental entities to safeguard the interests of citizens as well as the government’s need to access data for social justice purposes. This paper is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.
Prior to 2017, Malaysia lacked specific legislation addressing online or offline child sexual abuse, child pornography, and child sexual grooming. The turning point came after the horrific Richard Huckle case, where nearly two hundred children were groomed and sexually exploited from 2006 to 2014. This situation led to the enactment of the Sexual Offences Against Children Act (SOACA) 2017. Despite this significant step forward, the legal framework remained insufficient, and incidents of child sexual abuse continued to escalate alarmingly. However, in late March 2023, the Act underwent crucial amendments, introducing two new sexual offences and establishing a compensation order for child victims. Given the recent nature and lack of academic scrutiny on the revised 2023 Act, this paper critically analyses its reforms and overarching implications for victims of child sexual abuse. The paper employs a qualitative research methodology and utilises a doctrinal approach bolstered by a comparative and content analysis of the primary source: the amended 2023 Act with its counterpart in the United Kingdom. The authors assert that these amendments are a timely response to evolving societal challenges and technological advancements, offering essential protections for children against sexual exploitation and abuse. However, legislation alone is not enough. Robust resources must be allocated to ensure its effective implementation. Additionally, complementary initiatives in investigation, prosecution, legal aid, and judicial processes are vital to safeguarding children from sexual predators, both online and offline.
Money laundering has been drawn toward the proceeds of crime for a long time. In this sense, proceeds of crime can be described as money or property earned from profit-oriented crime. Therefore, the necessity for asset recovery, especially to forfeit such proceeds, is considered one of the legal tools to deprive money launderers of illegal profits, and the AML regimes give the power for criminal justice actors to do so. Asset forfeiture is when a law enforcement agency seizes cash, property, or possessions based on the suspicion that these assets were acquired by or will be used for criminal activity. Nonetheless, the authors perceive that such forfeiture measures have their implications. This paper examines the broad concept of money laundering and forfeiture, its legal positions in the UK and Malaysia, and the legal implications that arise. This paper uses a doctrinal legal analysis and secondary data, which analyses primary sources, the POCA 2002 and the AMLATFPUAA 2001, as well as secondary sources, including case law, articles in academic journals, books, and online databases. Furthermore, this paper could be a valuable source of information for practitioners, academicians, and students. It could also be a beneficial guide for policymakers for future amendments to the law.
Mental health among law enforcement personnel has become a growing concern, raising questions about institutional responsibility and legal protections within the workplace. This study explores the factors influencing mental health among Royal Malaysian Police (RMP) members at IPK Kedah, focusing on legal and organizational implications. The research aims to identify key stressors and examine whether age and job rank correlate with psychological well-being, using a quantitative approach involving 100 respondents who completed structured questionnaires. Findings reveal that occupational stress is the leading contributor (mean = 4.821), followed by personal/family (4.392) and social factors (3.895). Pearson correlation shows significant positive relationships between mental health issues and both age (r = 0.416) and position (r = 0.398), with p < 0.05. The paper argues for the urgent need to strengthen mental health policies within policing institutions and contends that legal reform and administrative intervention are essential to safeguarding officers' psychological welfare.
The advancement of the Internet and social media platforms has revolutionised human communication and interactions in the knowledge economy. However, this progress has also introduced significant risks, including cyber scams, misuse of personal data, identity theft, and online harm targeting vulnerable populations such as children. Recent incidents highlight the urgent need for effective data protection legislation. Malaysia’s Personal Data Protection (PDP) Act, enacted in 2010 and implemented in 2013, is designed to address these concerns. However, the security of personal data remains a critical issue, evidenced by the rising number of data breaches. This paper focuses on the newly amended PDPA of 2024, assessing its provisions against the data protection framework in the United Kingdom and analysing its ramifications for businesses operating in Malaysia. The qualitative research methodology, which includes doctrinal and comparative legal analysis of primary sources, reveals that protecting personal data is an ongoing and formidable challenge. Key issues such as data sharing, the right to erase personal data, and the role of the Data Commissioner remain inadequately defined in Malaysia’s legal framework. Businesses must promptly review and update their policies and procedures to comply with the new legal requirements.
Money laundering is the process of acquiring money illegally and trying to hide the illegal activity by converting the money into legitimate money through the use of financial and non-financial institutions. Most of the country's efforts are to fight against criminal activity. The recent trend in money laundering is to have multiple layers of beneficial ownership in the company through the concealment of beneficial owners in corporate vehicles. Beneficial ownership has gained significant attention , as governments and regulatory bodies worldwide have attempted to address issues related to money laundering, tax fraud, and the use of complex corporate structures to hide the real owners of assets. In response to international standards of money laundering and terrorism financing set by the Financial Action Task Force (FATF). Malaysia has introduced legal and policy measures which aim to enhance the transparency and accountability in corporate structure. Most countries have a system for obtaining information on the legal person or owner of the company. This paper will examine the current regulatory framework governing beneficial ownership in Malaysia, which includes the requirements under the International Standard of the Financial Action Task Force (FATF), Bank Negara Malaysia (BNM), and Companies Commission of Malaysia (SSM). It will also highlight the vulnerabilities of ultimate beneficial ownership (UBO) and challenges in implementing it in Malaysia.
Purpose This paper aims to investigate the challenges faced by company secretaries in complying with anti-money laundering (AML) laws and their requirements in Malaysia. The focus of the study is to analyse the understanding and compliance of the company secretaries on the duties imposed on them under the AML regime in Malaysia. Design/methodology/approach A review of existing AML guidelines, policies and compliance reports was conducted, supplemented by an analysis of the specific responsibilities of company secretaries, including Know Your Customer, customer due diligence, suspicious transactions reporting and record-keeping practices. Findings The study identifies significant gaps in compliance among company secretaries despite the established AML framework and guidelines. These gaps include technical and operational challenges, and there is a need for enhanced measures to prevent the misuse of their service’s money laundering activities. Originality/value This research offers a unique perspective on the AML compliance landscape for company secretaries and service providers, underscoring the importance of their role in establishing the corporate vehicle and their roles in combating money laundering. This paper provides practical insight for improving compliance effectiveness, contributing to the broader discourse on AML enforcement within trust company and service providers (TCSPs), including the companies’ secretaries.
Data leaks through digital document libraries have escalated into a critical issue locally and globally. While at one end the online libraries provide remarkable opportunities for sharing and gaining access to digital documents in a wide array of niches, at the other end it poses risk of infringement of sensitive personal information and raises significant concerns about data protection and cyber security. This paper explores the implications of these data breaches in the context of personal data protection regulations at selected jurisdictions and emphasises the urgent need for enhanced cyber security measures. This research engaged in case study of a public digital document library, Scribd, by examining specific cases using keyword-based search methodology where personal identification numbers, passport, birth certificate and telephone numbers have been compromised, and engaging in Boolean-operators to refine the search results and filtering the report for quality searches. This paper highlights the technical and legal analysis of data leaks involving public digital document libraries through the lens of personal data protection and cyber security regulations in selected jurisdictions. The study found an alarming and growing concern about personal data violations through these libraries which could potentially lead to cyber security threats. The study also highlights some regulatory challenges in terms of enforcement of the personal data protection and cyber security requirements of using the digital libraries. The study concludes by suggesting firmer implementation of the terms of use of the services on the part of the library provider, as well as enhanced security control requirements on part of the provider as well as the users.
The utilization of Generative AI (GEN AI) has experienced a substantial increase because of investments and a variety of applications in various sectors. In 2023, the aggregate investment in generative AI exceeded $10 billion. Additionally, AI is a highly prevalent technology in China, with 83% of its companies significantly relying on it. Subsequently, India accounts for 73% of Gen AI usage, while Malaysia's data suggests that this technology is employed in the marketing sector. This investment has resulted in an increased utilization of AI tools in the areas of retail, supply chain management, and customer service. This technology enhances productivity, efficiency, and creativity in a variety of sectors. Nevertheless, it raises a few challenges that necessitate robust governance and regulation. GEN AI prioritizes transparency and accountability; AI systems could perpetuate prejudices and erode trust in the absence of regulations. In the context of contemporary concerns, this paper assesses the regulatory endeavors and issues of Malaysia and India with respect to Generative AI. This paper employs doctrinal research on primary and secondary sources. Malaysia and India have recently disclosed a variety of data breaches and unethical Gen AI practices. Therefore, even though Generative AI is streamlining marketing and assisting in numerous business sectors, the government must re-evaluate its governance, including legal and regulatory mechanisms, to determine whether it complies with international standards and contemplate reforms. The government must also look into balancing the need for innovation and evaluate data protection and privacy concerns.
Augmented reality (AR) within the context of higher education is an approach to engage students with experiential learning by utilising AR technology. This paper discusses the process undertaken by a teacher in higher education in designing and implementing cloud-based AR lesson for the students. The methodology engaged was case study at one institution of higher learning in Malaysia. The AR teaching process involves six stages, beginning with the selection of the course, followed by selection of the topic, designing of the AR teaching plan and the implementation of the AR lesson. Upon completion of the implementation of the AR lesson, the teacher and students would provide reflection of their experiences. The process concludes by the improvement of the AR teaching plan by the teacher. The study found that cloud based has indeed disrupted higher education in terms of providing richer learning experiences to the students, as well as enhanced teaching practices for the teachers. Hopefully, this paper would provide insights into the practices of AR teaching and learning approach for teachers in general, and within the context of higher education in particular. It is also intended that the six-steps process outlined in this paper becomes a reference and be duplicated by teachers at large who might be interested to design and implement AR lessons for their own courses.
AI is becoming increasingly important in cybersecurity. AI-based products detect risks and secure systems and data. Cybercriminals can use technology to launch more sophisticated attacks. AI-based security is in demand due to cyberattacks. With the adoption of AI technology, GDPR requires most countries to have legal measures to protect their citizens' data and privacy. Data protection and privacy issues arise when using AI technology. AI use must comply with GDPR, including obtaining consent for data processing, ensuring data accuracy, and giving individuals the right to access, correct, or delete their data. Organisations must also be transparent about how their AI makes decisions and not discriminate against individuals or groups. This study examines Malaysia's GDPR compliance on AI usage, data protection, and privacy in light of current concerns. This study analyses primary and secondary sources using doctrinal research. In 2022, Malaysia's banking, healthcare, and telecommunications sectors were hit by data breaches, indicating that AI is increasing data breaches. Thus, the government must examine citizen data protection and privacy concerns and re-examine its governance, including legal and regulatory mechanisms, to see if it conforms to international norms and consider reforms.
Artificial intelligence (AI) technology is becoming increasingly prevalent in society, offering a range of benefits and opportunities. However, with the rise of AI comes new challenges, particularly in hate speech. Hate speech, a type of expression that incites hatred or violence against individuals or groups based on ethnicity, religion, or other characteristics, has become a growing concern in Malaysia, with social media and online platforms becoming a breeding ground for such speech. In this context, AI technology has emerged as a potential solution for monitoring and regulating hate speech, but it also presents legal and ethical challenges that must be addressed. In view of double edge sword roles played by the development of AI, this article analyses the legal recourse available in Malaysia for disruptive AI technology and hate speech. The authors claim that AI systems are prone to errors and biases and that there is a risk of relying too much on such plans at the expense of human judgement. There are also concerns regarding the impact of AI on free expression and privacy rights. In addition, the author suggests that artificial intelligence be appropriately regulated to ensure that it is consistent with international human rights standards and national laws.
The Shanghai Cooperation Organization (SCO) is a significant international gathering. The SCO, which was founded in June 2001, has grown to become the world's largest and most populous regional cooperation organisation, encompassing three-fifths of the Eurasian continent. The Shanghai Cooperation Organization (SCO) book reflects and demonstrates the SCO's mission as a political, economic, and security entity in Eurasia. The book's goal and structure demonstrate that SCO topics are explored dynamically: whatthe SCO was when it was created, what it is now and how it works, and what its future potentials are. The book compares the SCO's initial and current levels of interaction and cooperation and suggests new goals and tasks. Prospects and frontiers have beenexplored because of such an examination. SCO is distinguished from Eurocentric regionalism in the books. One of the most interesting among newly presented in volume of literature is the book “The Shanghai Cooperation Organization: Exploring New Horizons”published in May 2022 by Routledge (edited by Sergey Marochkin and Yury Bezborodov).
The Constitution of Malaysia protects freedom of movement. However, national security, public order, public health, punishment of offenders, subversion, emergency and special immigration rules in Sabah and Sarawak restrict mobility rights under the Constitution. The purpose of this article is to examine the scope and characteristics of freedom of movement under the Malaysian Constitution, as well as the reasons for restricting such rights. The freedom of movement in Malaysia is limited because of the extensive exclusions that can be used to deny such rights. This article concludes that individual movement rights should be balanced against competing goals to maintain national security, public health, offender punishment, subversion, and emergency.
The present work demonstrated the bioactive compound recovery from Bentong ginger (Zingiber officinale Roscoe var. Bentong) using ultrasound-assisted extraction (UAE) in terms of crude yield (CY), as well as total phenolic content (TPC), 1,1-diphenyl-2-picrylhydrazyl (DPPH), and ferric reducing-antioxidant power (FRAP), which reflected the antioxidant properties. These response variables were evaluated as functions of the independent variables; temperature (30 - 60°C), time (10 - 30 min), and ultrasonic intensity (1768 - 5304.10 W/cm2), using response surface methodology (RSM). The variables were optimised using quadratic polynomial through the correlations calculated from the regression models fitted to the experimental data. The predicted values of CY, TPC, FRAP, and DPPH under the optimal conditions (40°C, 3536.78 W/cm2, and 25 min) were 23.42%, 778.08 mg GAE/g, 636.08 µmol Fe2+/g, and 150.01%, respectively. These experimental values were well fitted with the predicted values, except for DPPH. With UAE set at the optimal conditions, a pre-leaching step (PLS) was added to the process to investigate its effect on the extraction. It was found that PLS-UAE produced higher extraction yields (30.15%); however, the antioxidant activity of the extracts was significantly (p < 0.05) higher at the optimised condition for UAE only treatment. The PLS application led to structural cell damage which increased CY, and this was validated through scanning electron microscopy (SEM).
Before 2012, there was no law on sexual harassment in Malaysia. However, when the Employment Act 1955 was amended in 2012, employers must inquire into sexual harassment complaints, failing which a criminal penalty will be imposed. Unfortunately, the new law did not allow a complainant to claim damages from the harasser or the employer. After more than two decades of campaigns by women's rights groups and NGOs, the Anti-Sexual Harassment Bill 2021 (hereinafter 'the ASHB 2021') was finally enacted and passed in July this year. Given the novelty and absence of any academic research, this paper seeks to examine the provisions of the Bill critically to understand its scope, coverage and broader implications for sexual harassment victims. The paper employs a qualitative research methodology, adopting a doctrinal approach and content analysis of the primary source, the ASHB 2021, that would provide a deeper understanding of the legislation. The authors contend that despite being regarded as a victim-centric law, the Bill is half-baked and inadequate to protect sexual harassment victims due to its failure to include significant provisions on the sexual harassment definition, the protection against victimisation and employers' obligations to prevent and address such conduct.