FRIENDLY LOAN: A LEGAL STUDY IN MALAYSIA

Financial institutions licensed which were established under the Financial Services Act 2013 and the Moneylenders Act 1951 in Malaysia will provide financial loans at the interest rate charged permitted by-laws and guidelines from the Central Bank of Malaysia to borrowers. However, not all borrowers can afford to pay high and onerous interest rates. Therefore, the law in Malaysia allows for friendly loans, i.e. the lender will provide financial loans assistance to the borrower from of interest or with minimal interest rate. This study will focus on the extent to which the legal issues of the practice of friendly loans in Malaysia and whether the provisions of current laws and policies can protect the interests of both lenders and recipients of friendly loans. This study is qualitative in nature and involves library research. The results of this study will look at aspects of legal issues in order to protect the interests of both lenders and recipients of friendly loans. In fact, Malaysia could also consider creating a special law on friendly loans and regulated by the authorities.

DISEASE BEARING INSECT RESEARCH IN MALAYA BY JAPANESE SCIENTISTS DURING WORLD WAR II AND ITS POSITION IN INTERNATIONAL LAW

Japanese scientists commissioned by the Imperial Japanese Navy (IJN) were tasked at the Nettai Igaku Kenkyusho or Institute of Medical Research (IMR) in Kuala Lumpur and other locations in Malaya during World War II (WWII) to identify cures for malaria, dengue, and scrub typhus rampant among Japanese troops in Southeast Asia. Such research on insects could contribute to biological warfare. This study identifies the background and destiny of these few Japanese scientists in Malaya conducting research on malaria, dengue and scrub typhus while evaluating if their research could have been an offense under international law at that point of time. A qualitative historical approach relying on documentation, soft law, treaties, and secondary resources obtained from archives and national libraries online from different countries and the Fold3-Historical Military Records website were referred. These documentations were classified according to names of Japanese scientists to form a short biography and to provide background information of the IMR during WWII. The results reveal some Japanese scientists responsible for malaria research at the IMR in Kuala Lumpur and Penang, and dengue research in Malaya, Singapore and Java. Human experimentation associated with dengue was suspected in Singapore. One IMR Japanese director had links with Unit 731. Kiyoshi Hayakawa, part of Unit 9420 in Singapore, Japan’s subunit for its covert biological weapons programme conducted research on scrub typhus in Java and Malaya. These scientists continued as professors in Japan or were promoted to this position much later with one of them opening a medical company. Indeed, a gap existed in international law at the end of the 19th and early 20th century which failed to make experimentation illegal as a preparation stage rather than actual usage in warfare because of the omission to address the development, production and stockpiling of biological weapons.

COVID-19 PANDEMIC: THE MALAYSIAN GOVERNMENT'S APPROACH IN MANAGING NATIONAL SECURITY

Severe Acute Respiratory Syndrome 2 (SARS-CoV-2) coronavirus or better known as Covid-19 was first detected on 17 November 2019 in Hubei province, China, and was declared a pandemic by the World Health Organization (WHO) on 11 March 2020. Until 1 November 2020, the Covid-19 pandemic has spread to 215 countries worldwide where the total number of cases recorded is 45,942,902 cases and 1,192,644 deaths. In Malaysia, a total of 31,548 cases and 249 deaths were recorded. The Covid-19 pandemic has caused economic paralysis and affected the lives of communities around the world. The main objective that will be discussed in this article is the Malaysian government's approach in dealing with the Covid-19 pandemic to ensure that the country's socio-economy is not affected where it could affect national security. In this article, the method of collecting information is through references in websites, e-journals, e-newspapers, and related reports. The results show that the Malaysian government has taken two main approaches in managing national security, namely through the health and economy of the people. The health approach is through efforts to curb the Covid-19 epidemic from spreading further in the country which can have a negative impact on the economy and society of Malaysians. Next, the people's economic approach implemented is through the People's Economic Stimulus Package announced by the government to help the people affected by the Covid-19 epidemic and ensure that the country's economy can be restored. This approach has succeeded in maintaining national peace as well as preventing the occurrence of things that could affect national security such as riots or demonstrations by the people due to dissatisfaction with the government.

INJECTING EDUCATIONAL ELEMENT IN LAWS AND REGULATIONS OF CHILD CARE CENTRES IN MALAYSIA

The aim of regulating child care centres should not just be limited to providing protection in terms of the children’s safety and health. It should go beyond providing a ‘safe haven’ in order to enhance the potentials of the children. Therefore, the element of learning and education should be included as one of the legal requirements in regulating child care centres. This paper, therefore, examines the question of whether the educational element should be enacted in the legislative framework of Malaysian child care. The qualitative method is used in this study using document analysis. The laws and regulations on child care centres especially Child Care Centre Act 1984 are evaluated. Apart from the laws and regulations in Malaysia, analysis on international experiences of various jurisdictions which may be taken as lessons for Malaysia is also conducted in enhancing the laws and regulations of Malaysian child care. It is submitted that educational element is an important element to be embedded in laws and regulations governing child care centres in Malaysia early childhood apart from other legal requirements.

FORM AND FUNCTION OF PENDHAPA (TRADITIONAL JAVANESE HALL) IN JAVANESE SOCIETY

Pendhapa in this paper is a traditional Javanese hall. The form and function of Pendhapa have a characteristic. The discussion of Pendhapa in this paper is more emphasis on form and function in building communication in the Javanese people. It shows the form and functions of the pendhapa. The method of this research is qualitative research. We use observation, in-depth interviews, and content analysis. The research found that pendhapa generally shaped Joglo, and is the only house that is owned by noble persons. Joglo is in the square a with four-poster as the main pillar. The four pillars support the roof towering in the middle. The main pillar in the Joglo house is often called Saka Guru. And the roof in the middle of the Joglo house is called the roof Brunjung. Pendhapa initially serves as a gathering place and deliberation. Pendhapa is the place of social interaction between citizens to know each other. In traditional Javanese houses, Pendhapa is often called a front home and serves as a living room. Pendhapa is often also called an open room or public room. However, in its development Pendhapa can function as a social communication space or can also be called social communication media. It is associated with the development of the culture and lifestyle of the people in the open society.

PROFESSIONALISM OF SYARIAH JUDGES OF SYARIAH COURTS ACCORDING THE PERSPECTIVE OF ISLAMIC LAW

The professionalism of civil servants in the government in Malaysia is an important part of the government service delivery process. The Syariah Court is a government agency that has placed officers to perform judicial functions, including Syariah Judges. The post of Syariah Judges in the State Syariah Court was established to ensure that the justice process is being done by professional, competent, and qualify personnel. However, what is the approach outlined by Islamic law to ensure that the appointed judges have professionalism in the performance of judicial duties? This matter needs to be seen through the Shariah judicial appointment process in Malaysia. The purpose of this paper is to view the professionalism of Syariah Judges according to the perspective of Islamic law applied in Syariah Courts. The methodological approach of the study on which this paper is based is a qualitative approach. The results of the research found that Islamic jurisprudence has placed the value of Professionalism in the judging process of judges. The discussion of Fiqh al-Qada’ has laid the foundation for the appointment of al-Qadi. This matter is applied in the Syariah Courts in Malaysia through the appointment of Syariah Judges and the judicial process provided by law and the application of practice directions. The competence of Syariah Judges through an appointment and judicial knowledge is the basis of the value of professionalism for the purpose of transparency in the delivery of Syariah judicial services in Malaysia.

RIGHT OF MIGRANT WORKERS TO OCCUPATIONAL HEALTH AND SAFETY UNDER MALAYSIA LAWS

The migration of people to other countries in search of employment is a common phenomenon that has occurred throughout history. While migration is a positive and empowering experience, migrant workers can be vulnerable to human rights violations. In this context, international laws have provided the international legal framework on the rights of migrant workers. Among the fundamental rights of migrant workers is the right to occupational health and safety within which a worker is expected to perform his job. This paper aims to examine the right of migrant workers to occupational health and safety in light of international standards and Malaysian laws. It adopts qualitative research of doctrinal and comparative nature. It will examine the adequacy of current laws in recognizing and protecting the rights of migrant workers to occupational safety and health with reference to the standards set by the international instruments. The paper also attempts to identify factors that contributed to the high number of occupational accidents. The paper concludes that the current Malaysian laws provide a specific legal framework that aims to protect the right of migrant workers to occupational health and safety. However, non-compliance with law requirements and lack of enforcement has contributed to the high number of occupational accidents. In conjunction with that, the paper provides recommendations towards improving the Malaysian legal framework on occupational health and safety.

COVID-19 PANDEMIC: IMPACT ON CRIME INDEX RATE IN MALAYSIA

The Covid-19 pandemic has brought great changes to the world community when all offices and schools are closed, social and religious activities are banned, movement control and even social imprisonment are restricted. This action indirectly has huge implications for the country and its people's political, economic, social, cultural, and so on. The main aspect that is of concern to the people at this critical time is the aspect of health and safety. Malaysia is no exception from implementing various measures, strategies, and actions that are deemed necessary to prevent the spread of this epidemic with the aim of maintaining the safety of the people. This article looks at the implications of movement control especially on the crime index rate in Malaysia during the pandemic in 2020. Although the crime index rate decreased by almost 50% not all types of crime decreased although the government's strategy to implement the Movement Control Order (PKP) is believed to be the main cause of the decline. criminal cases. This study will use data obtained from secondary data through academic materials such as scholarly writing blogs, journals, newspaper clippings, and bulletins of related agencies that discuss crime issues in Malaysia and the world will discuss crime issues.

APPLICATION OF LAW TO SHORT-TERM RESIDENTIAL ACCOMMODATION SERVICES IN MALAYSIA

Short Term Residential Accommodation (STRA) service is a business and activity where the owners of residential premises or his agents is handling short term rentals and list their residences on digital platforms such as Airbnb, Agoda, Booking.com and others. This service has successfully created business opportunities and provided options to tourists when booking accommodation while on holiday in Malaysia. However, the STRA service has raised some legal issues including licensing, business registration, security issues and nuisance to the neighborhood. The qualitative method was used in this study using document analysis especially the related laws in Malaysia. This study will identify the law in general that apply to STRA especially on strata management. A special legislation is needed to regulate STRA service, and it will help in supporting the economic growth of the tourism industry in Malaysia.

VOTING TRENDS IN THE 1986-2018 GENERAL ELECTION IN MALAYSIA BASED ON GEOGRAPHICAL MAPPING

Malaysia adopts a system of parliamentary democracy and a constitutional monarchy which has a first past the post electoral system which is the determination of victory in elections based on a simple majority. Election results are caused by certain factors and will shape certain voting patterns. Therefore, it is the purpose of writing this article to analyze the voting trends in the General Election (GE) 1986-2018 in Malaysia based on the geographical mapping. The writing of this article is based on the 1986-2018 GE results data, field observations during elections, and the production of a geographical distribution map of GE results for Parliament and DUN by using ArcGIS software and analyzed based on authoritative secondary sources. The results show that there are several geographical elements that can be associated with the results and patterns of voting in terms of location and region. The voting pattern between the eight GEs shows a fluctuation or pendulum based on the achievement of the number of seats in both Parliament and DUN between the ruling party which for a long time (1955-2013) namely Perikatan/Barisan Nasional (BN) with opposition parties such as DAP, PAS, PKR, and others. The dynamics of this support are due to, among others, geographical factors and other factors such as issues, leadership, ethnicity, governing experience, media, party ideology, sociological factors, and rational choice. Therefore, it is hoped that the impact of writing this article can provide a new dimension of dynamic electoral political thinking as well as strategic and artistic for the sake of power and can add more data and research information related to electoral politics and electoral geography.