The growing global demand for new cars has resulted in a rise in end-of-life vehicles (ELV), both with usable and non-usable parts. Malaysia faces a particularly pressing issue of abandoned vehicles (AVs), as the country currently lacks comprehensive legislation for managing ELV. On the other hand, countries such as the US, Japan, Belgium, Korea, and China have well-established ELV management policies. In light of this, a pilot study assessed the public’s perception and attitudes towards ELV issues and regulations in Malaysia. The study gathered participants’ views on surrender, deregistration, disposal costs, incentives, recycling, and ELV regulations. The questionnaire used in the study was based on the findings from a previous report. The data were analysed using SPSS version 27, based on 40 interviews with diverse participants. The results of the study revealed three primary themes: “AV and its ELV”, “ELV disposal procedures”, and “ELV regulation and conflict resolution”, with 14 sub-themes. The study adopts a regulatory approach towards ELV and AVs and highlights the importance of an effective voluntary surrender system in Malaysia as a step towards comprehensive ELV regulation. The findings of this pilot study provide valuable insights into the Malaysian public’s views on ELV and can inform the development of more effective and comprehensive ELV legislation.
There is a growing call globally for corporations to improve transparency in corporate reporting, along with the surge of enhancing disclosure of non-financial information. Companies are seen as agents for contributing to a better future, and hence could assist in achieving the sustainable development goals (SDGs) 2030, via transparent non-financial disclosure. This review paper is premised on the fact that laws on non-financial disclosure may be useful in enhancing the transparency of companies’ conducts. Hence, this systematic review aims to synthesize the literature from 2014 to 2021 on the patterns and trends relating to regulations on non-financial disclosure in corporate reporting by companies. A keyword search followed by filters provided by the Web of Science Core Collection and SCOPUS databases resulted in a total of 369 documents being found. A total of 62 articles were reviewed after manual filtering and exclusion. A thematic review of these 62 articles identified 20 initial codes, which were then grouped into eight clusters: Directive 2014/95/EU, disclosure approaches, fiduciary duties of directors, stakeholder engagement, the effectiveness of disclosure regulations, the impacts of rules, the role of different actors and corporate accountability. The paper finds that the patterns and trends in the review set the path for future research on laws of non-financial disclosure, as they serve as a guideline for researchers for future studies.
30 November 2022 in Malaysian Journal of Social Sciences and Humanities (MJSSH)
State-owned Banks in Indonesia carry out supportive business activities based on economic democracy. Economic democracy is related to Pancasila Economics as enshrined under Article 33 of the 1945 Constitution. Article 33 defines the parameter of national interests in the banking sector to be consistent with the overall national interests of Indonesia. This paper examines and evaluates how State-owned Banks may sustain and play a distinctive role in protecting national interests in the banking sector. For this purpose, this paper analyses and considers some provisions that improve ordinary people’s welfare under the relevant laws as part of the strategic industry and conduct their activities according to the democratic principle of economics. The discussion employs a doctrinal approach. However, a historical analysis applies to studying past facts, events, and institutions. The paper finds that against the backdrop of open competition, State-owned Banks sustain by playing a strategic role in Indonesia’s banking sector, especially in terms of the dominance of the asset, mobilising public funds and channelling them back to the public. The success model of State-owned Banks underscores SDG 8, which promotes sustained, inclusive and sustainable economic growth, productive employment and decent work for Indonesians. At the same time, it epitomises the Indonesian way to achieve SDG 16, which promotes just, peaceful and inclusive societies based on the Constitution of Indonesia.
A cartel is an agreement between several individuals or companies and others to engage in a scheme for the purpose of maintaining the business status quo by inter alia regulating and controlling prices and marketing territories. This is usually done with the aim of curbing competition and maximising profit, especially in the food supply chain. Qualitative research methods were used to investigate meat cartels falsifying halal certifications. Legal provisions, case law, journals, and articles were examined as sources of information and analysed to gather information related to the research topic. Presently, the perpetrators can be charged under Trade Descriptions Act 2011 and the Trade Descriptions (Certification and Halal Marking) Order 2011. There are more than 20 Acts that relate to halal standards which could be enforced under the law to ensure heavier punishments are meted out on the ‘food criminal’. The article also looks at the extent of the issue of corporate liability of companies that can be imposed on individuals involved with halal criminal offenses based on legislations other than the Trade Descriptions Act 2011 and the Trade Descriptions Order (Halal Certification and Marking) 2011. Hence the objectives of this article are to analyse the issue of meat cartels in Malaysia and to study the laws related to halal matters in terms of corporate liability within the provisions of the law. It is suggested that there is a need for a legal improvement relating to company liability in criminal cases relating to halal meat in Malaysia.
13 December 2023 in Jurnal Undang-Undang dan Masyarakat
The fight against corruption is a national and international primary concern for lawmakers and enforcement officials. Corporate criminal liability is an aberration of imputing criminal responsibility on a corporation against a natural person, which requires a combined effect of the actus reus and mens rea. A corporation incapable of committing a crime imputes corporate mens rea through its directors, senior managers or officers that constitute executive powers. In doing so, Malaysia uses the identification doctrine to impute mens rea. This article evaluated the most effective technique of establishing mens rea in dealing with modern corporate criminal responsibility. It used a doctrinal library- based research method to review pertinent corporate criminal liability literature, cases and legislations. The journal articles, cases and legislations were collected and analysed according to the themes to achieve the research objective. It was discovered that Malaysia still uses identification doctrine to prove corporate mens rea, making it difficult and near impossible to find large and multinational corporations liable since the directing mind and will are not actively involved in the corporations’ day-to-day operations. However, intention can still be imputed on the corporation based on its corporate culture. Hence, for section 17A of the MACC Act 2009 (2018 amendment) on bribery to be effective, there is a need for a shift from the use of identification doctrine in proving mens rea to corporate culture as that would balance the discrimination and unfairness of the identification doctrine and make it easier for large and multinational corporations to be charged with corporate criminal liability.
13 December 2023 in Jurnal Undang-Undang dan Masyarakat
Ponzi schemes are a type of investment fraud that offers investors great rates of return with no risk. Although various measures have been taken by law enforcement agencies as well as financial regulators to prevent this kind of problem, many people are still deceived by this kind of scheme. In Malaysia, there is no specific law mentioning Ponzi scheme. However, relevant laws such as the Penal Code, Financial Services Act 2013 and Direct Sales and Anti–Pyramid Scheme Act 1993 are some applicable laws that can be used to combat the Ponzi scheme. Hence, this article aims to examine the enforcement measures in Malaysia concerning illicit investment schemes and recommend various methods used by the United States and Australia for comparative purposes. Preventive measures and existing regulations used by the United States and Australia are also highlighted to compare the effectiveness of current enforcement done by the authorities in Malaysia. Findings show that despite Malaysia having a few laws in place to tackle this fraudulent scam, they are far from perfect. Therefore, more comprehensive regulations and strategies regarding this scheme are needed since it would assist the relevant authorities in preventing similar fraud. In conclusion, the Malaysian government needs to adopt proper regulation, education, and enforcement to reduce or prevent the number of Ponzi scheme cases in Malaysia. If left unaddressed, the situation will worsen, negatively affecting investors, creditors, and the public.