scholarly journals CONSUMER CREDIT GRIEVANCE AND REDRESS MECHANISMS: THE MALAYSIA PERSPECTIVE

2021 ◽  
Vol 12 (Number 2) ◽  
pp. 61-88
Author(s):  
Ibtisam @ Ilyana Ilias ◽  
Rusni Hassan ◽  
Salina Kassim ◽  
Elistina Abu Bakar
Keyword(s):  
South Africa ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Consumer Credit ◽  
Primary Sources ◽  
Journal Articles ◽  
Legal Research ◽  
Secondary Sources ◽  
Consumer Protection Act ◽  
Fair Access

This study examines the redress mechanisms accessible to aggrieved consumers dealing with various consumer credit providers in Malaysia. The existing legal and institutional framework characterised by the piecemeal approach has led different groups of consumers to varying levels of access, which can be superior or inferior to one another. The study employs a doctrinal legal research methodology in analysing the two alternative dispute resolution bodies, namely, the Ombudsman for Financial Services, and the Tribunal for Consumer Claims. Primary sources of law, namely, the Consumer Protection Act 1999, the Financial Services Act 2013, the Financial Services (Financial Ombudsman Scheme) Regulation 2014, the Hire-Purchase Act 1967, the Moneylenders Act 1951, and the Pawnbrokers Act 1972, are meticulously analysed along with secondary sources of law that principally comprise journal articles. The study reveals disparities in terms of access to cheap and simple redress mechanisms by various categories of consumers who are aggrieved by the actions of credit providers. The position of bank consumers and those entering into credit sale is accounted for, as there are particular ADR bodies established under relevant legislations to hear their respective disputes. On the contrary, the position of those who wish to lodge claims against moneylenders, pawnbrokers or credit companies offering hire-purchase is problematic. Several recommendations are proposed to resolve this opacity inter alia by referring to the approach adopted by South Africa. This study is significant in ensuring fair access to inexpensive and hassle-free dispute resolutions for all financial consumers, irrespective of the nature of their consumer credit transactions.

scholarly journals Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

Reflections on Rwanda’s approaches to crime related asset recovery

2018 ◽  
Vol 25 (1) ◽  
pp. 70-80
Author(s):  
Francis Dusabe
Keyword(s):  
Design Methodology ◽  
International Standards ◽  
Primary Sources ◽  
Journal Articles ◽  
Legal Research ◽  
Legal Regime ◽  
Content Type ◽  
Secondary Sources ◽  
Asset Recovery ◽  
International Conventions

Purpose In this paper, the author intends to showcase the effectiveness of the Rwandan legal regime governing criminal asset recovery. This paper aims to advocate for a need to enforce laws, which seems to be dormant, and to ensure fairness of action when confiscating or seizing assets that initially belongs to bonafide third parties. Design/methodology/approach The author assesses the effectiveness of law No. 42/2014 of 27/01/2015 governing the recovery of offence-related assets in Rwanda and compares it with established international standards provided in major conventions to which Rwanda is a party. Primary and secondary sources of legal research have been used. Primary sources include international conventions, domestic laws and case laws. Secondary sources include books, chapters, journal articles and policy papers. Findings In this paper, the author submits that the law on crime-related asset recovery suffers from strategic deficiencies and gaps and posits that the process of asset recovery should be streamlined and balanced to meet the aims of crime prevention. Originality/value This research paper is a first of its kind. Through positive criticism, it showcases that Rwanda is doing well through the establishment of relevant laws to combat crime. However, it proposes solutions to identify gaps. This paper is original and has never been published anywhere else, and all sources used have duly been recognized.

scholarly journals The Potential of Application of Technology-Based Innovations for Zakat Administration in India

2019 ◽  
Vol 4 (2) ◽  
pp. 87-100
Author(s):  
Aishath Muneeza ◽  
Shahbaz Nadwi
Keyword(s):  
Artificial Intelligence ◽  
Big Data ◽  
Vital Role ◽  
Primary Sources ◽  
Effective Management ◽  
Journal Articles ◽  
Secondary Sources ◽  
Blockchain Technology ◽  
The Subject ◽  
Customary Practices

India is the home country for many Muslims and effective management of zakah is essential to the country. In this era of technology, it is imperative to use technology with zakat to ensure that the classical zakat administration approaches are upgraded to the uruf or customary practices of the society. The objective of this paper is to find out the potential of using technology in upgrading zakat administration in India. This is a qualitative approach where the primary sources such as zakat administration laws in India and secondary sources such as journal articles and published reports on the subject are analysed to derive conclusions. The findings of this paper suggest that the innovations such as rice ATMs, mobile applications, applications made with blockchain technology, artificial intelligence and big data can also play a vital role in the effective management of zakat in India. It is anticipated that the outcome of this research will assist the zakat administrators in India to adopt technology in this regard.   Keywords: Artificial intelligence, big Data, fintech, rice ATM, zakat

A PROPOSED SHARIAH COMPLIANT FINTECH MODEL AS AN ALTERNATIVE FI-NANCING PRODUCT TO TACKLE FOOD SECURITY CHALLENGES IN MALAYSIA

2021 ◽  
Vol 4 (1) ◽  
pp. 420-444
Author(s):  
Hassan Azganin ◽  
Salina Bt. Kassim ◽  
Auwal Adam Sa’ad
Keyword(s):  
Food Security ◽  
Financial Services ◽  
Smart Contracts ◽  
Small Farmers ◽  
Journal Articles ◽  
Secondary Sources ◽  
Viable Solution ◽  
Security Challenges ◽  
Investment Opportunities ◽  
Alternative Sources

Ensuring food security becomes a significant issue in many countries, particularly during the coronavirus pandemic. Thus, the agriculture sector’s development is critically essential to improving food availability. Despite several initiatives launched by the Malaysian authorities to support small farmers, this sector continues to suffer from accessing financial services. This paper objective is to develop a shariah based financing alternative model known as the Shariah-Compliant Fintech (SCF) Model. This model incorporates crowdfunding solutions and smart contracts into one platform to provide a seamless experience for the investors and fund seekers. This paper starts with the conceptual exploration of the literature in the areas of food security, financing challenges facing farmers, smart contract and Crowdfunding application. The sources of the literature cover secondary sources such as books, online resources and journal articles. This paper provides a conceptual framework of the shariah compliant fintech model that could be a viable solution for the global crowd investors to participate in the impactful investment opportunities. Second, the platform represents a marketplace for small farmers to seek financing from alternative sources of funds for their agricultural projects. This study offers a comprehensive shariah investment procedures and structures of the fintech industry, which can assist policymakers to create necessary policies that regulate Crowdfunding and smart contracts activities.

1. Studying the English legal system

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Legal System ◽  
Learning Experience ◽  
Case Law ◽  
Primary Sources ◽  
Journal Articles ◽  
Secondary Sources ◽  
System P ◽  
Law Reports ◽  
Oral Presentations ◽  
Degree Level

Studying the English legal system at degree level offers a different approach from study at ‘A’ level. Lectures will guide students to sources and seek to structure the learning experience for students. Primary sources of law such as legislation and case law, to be found in law reports, must be located and read. Also secondary sources such as textbooks and journal articles will offer explanations and discussion of legal areas or points of law. These sources must then be used to answer questions which will be set for seminars and ultimately for assessment, such as coursework, oral presentations and examinations.

scholarly journals Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015

2019 ◽  
pp. 1184-1192
Author(s):  
Oyewunmi Olabode ◽  
Igbinoba Ebeguki ◽  
Olusola -Olujobi
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Rule Of Law ◽  
Justice System ◽  
Primary Sources ◽  
Legal Research ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
The Many

Breach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.

scholarly journals Africa and the Commonwealth: What Relationship Since 1994?

2021 ◽  
pp. 22-32
Author(s):  
Modupeolu Faseke
Keyword(s):  
South Africa ◽  
Research Methodology ◽  
Historical Research ◽  
Primary Sources ◽  
Symbiotic Relationship ◽  
African Continent ◽  
African Countries ◽  
Secondary Sources ◽  
Multilateral Organizations ◽  
The Relationship

The Commonwealth is a global organisation with some unique and important characteristics that complement other global multilateral organizations. Its peculiarities, most especially its networking and informal qualities, have endeared the organization until recently to her members.  In this age of internet in which smartness and alertness are highly valued, some of its traits are now becoming a thing of an anathema, regarded as a cog in the wheel of progress. African continent alone has over thirty percent of Commonwealth membership.  This paper examines Commonwealth relations with Africa since 1994 when apartheid ended in South Africa and Africans had a renewed relationship with the organization after both parties had endured a tenuous relationship in the preceding years. The study has the objective of assessing the economic and political gains Africa has derived from membership of the Commonwealth as well as to ascertain whether or not the relationship is mutually beneficial. The essay is qualitative and adopts the historical research methodology, detailing the evolution and progression in Commonwealth’s relationship with Africa during the period of study. The essay complements the use of secondary sources with primary sources. Data was therefore composed of official documents from the |Commonwealth Secretariat as well as documents from some African countries. The study concludes that Africa has benefitted immensely from the Commonwealth since 1994, despite some aspects of its relationship needing improvements. It recommends, therefore, that both parties will have to work towards a symbiotic relationship in order to enjoy a more robust partnership that is effective and impactful in the interest of all.

scholarly journals AUGMENTING CONVENTIONAL SOURCES WITH ALTERNATIVE SOURCES IN RESEARCH: AN ANALYSIS OF HISTORICAL DISSERTATIONS AND THESES FROM UNIVERSITIES IN SOUTH AFRICA

Mousaion ◽  
2016 ◽  
Vol 32 (3) ◽  
pp. 1-12
Author(s):  
Tlou Setumu ◽  
Mpho Ngoepe
Keyword(s):  
South Africa ◽  
Public Universities ◽  
Historical Research ◽  
Primary Sources ◽  
Secondary Sources ◽  
Archaeological Material ◽  
Research Outcome ◽  
Alternative Sources ◽  
Oral Evidence

In most historical research works, conventional sources are used. In most cases these are primary sources (eg, professionally obtained archaeological material, rock art, archival records and oral evidence) and original documents (eg, newspapers, reports and diaries), as well as secondary sources (eg, books, journal articles, theses, etc). There is consensus among historical scholars that alternative sources, such as old objects, and artefacts (eg, machinery, wagons, epitaphs, etc), are not always used adequately in research as compared to conventional sources. Researchers point out that rich sources, including alternative sources, enhance the quality of the research outcome. This study investigated the use of alternative sources by master’s and doctoral scholars in historical research at public universities in South Africa in order to compare the use thereof with the use of conventional sources. The study used a non-reactive research method, that is, content analysis of 93 selected master’s and doctoral historical research works from public universities in South Africa, to investigate the extent to which conventional sources are used at the expense of alternative sources. The study findings revealed that historical researchers preferred using conventional sources to alternative sources, which were used in only four theses. The study concluded that the use of alternative sources can enrich historical research works as well as augmenting conventional sources. A further study to investigate why researchers do not use alternative sources is recommended. In addition to historical research, the study model can be extended to fields of study such as Sociology, Anthropology and Archaeology.

5. Legal research

2019 ◽  
pp. 79-103
Author(s):  
Julian Webb ◽  
Caroline Maughan ◽  
Mike Maughan ◽  
Marcus Keppel-Palmer ◽  
Andrew Boon
Keyword(s):  
Subject Matter ◽  
Primary Sources ◽  
Legal Research ◽  
Secondary Sources ◽  
Online Databases ◽  
The Subject

This chapter discusses the skills needed to carry out legal research. It covers understanding the importance of legal research; establishing an overall strategy in undertaking legal research; using primary sources; doing library-based research; analysing the problem; reviewing the subject matter; searching primary and secondary sources; updating the search; using online databases; and reporting the results of research.

scholarly journals PERTANGGUNGJAWABAN PENGELOLA PARKIR ATAS KEHILANGAN KENDARAAN DI TEMPAT PARKIR

Rechtidee ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 339-359
Author(s):  
Bagus Imam Faisal ◽  
Siwi Widia Dara ◽  
St. Ika Noerwulan Fraja ◽  
Zubairi Zubairi
Keyword(s):  
Control System ◽  
Primary Sources ◽  
Research Purpose ◽  
Literature Study ◽  
Legal Research ◽  
Work System ◽  
Secondary Sources ◽  
Illegal Acts ◽  
Problem Formulations ◽  
Security Guarantees

Parking organizers often do not want to replace lost vehicles as written on the ticket. Even though Article 102 of PP 79/2013 stipulates that the parking organizer must replace, but is not equipped with clear sanctions. The problem formulations of this research are the parking control system and the parking manager's responsibility for the parked vehicles loss. The research purpose are to analyze the parking control system and the parking manager's responsibility for the parked vehicles loss. This research is legal research with primary sources, secondary sources, and tertiary sources collected by the literature study method and analyzed by prescriptive methods. The parking control system aims to support the parking work system to make it more effective, efficient and safe. The existence of parking lots, provision of facilities, and security guarantees are a unified system. If there is a parked vehicle missing, the parking organizer must replace it as stipulated in Article 102 PP 79/2013, but the sanctions are not clearly regulated. The inclusion of writing in the parking location that contains a statement that is not responsible for loss is known as a standard clause that contradicts Article 18 of Law 8/1999, and can be sued civilly for illegal acts and defaults based on Article 1694, Article 1234, Article 1239, Article 1365 , 1366, and 1367 BW. So parking organizers must maintain security and replace losses.

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