Papers by Mohd Zamre Mohd Zahir
Children
Lockdowns were among the control measures taken by many countries to hinder the virus from rapidl... more Lockdowns were among the control measures taken by many countries to hinder the virus from rapidly spreading. Public places had to be closed, including schools, as children are among the vulnerable groups that must always be protected. The primary purpose of this article is to explain children’s rights to education based on the Convention on the Rights of the Child (CRC) and the Sustainable Development Goals 2030 (SDG 2030). This article further investigates the consequences of COVID-19 lockdowns for ensuring that privilege for children. The article applies a qualitative method and observed that the lockdown strategy created challenges for all children with respect to receiving education, as the traditional learning pedagogy involving face-to-face meetings forcibly replaced by online learning. The principle of the best interest of the child is a primary consideration. In conclusion, governments must be responsible for providing all necessities to support education for all children, ...
Jurnal Undang-Undang dan Masyarakat, Dec 23, 2022
Jurnal Sains Kesihatan Malaysia
Since the beginning of the year 2020, Malaysia has been gravely affected by the COVID-19 pandemic... more Since the beginning of the year 2020, Malaysia has been gravely affected by the COVID-19 pandemic where to date over four million of its population have been infected with the virus. At the time of writing this paper, the number of infections is still alarming. This situation undoubtedly places a strain on the healthcare system, particularly on healthcare professionals who have been entrusted to treat COVID-19 patients. Treating a high number of patients in an unprecedented situation may pose a challenge for doctors to fulfil their legal duties that arise from the usual doctor-patient relationship particularly in discharging the established standard of care imposed by the law. This is the main issue that this paper seeks to explore. In addition, this paper also examines doctors’ duty of care towards non-COVID-19 patients amidst limited medical resources and policy consideration that inevitably causes a delay in giving medical treatments and elective surgeries. In answering these que...
Lentera Hukum
In 2021, the Indonesian Constitutional Court decided conditionally unconstitutional in the review... more In 2021, the Indonesian Constitutional Court decided conditionally unconstitutional in the review of the Job Creation Law. It was among a few decisions made by the Constitutional Court to accept a formal review, even if some dissenting opinions followed it. While the decision has largely influenced a wide array of regulatory laws because the Job Creation Law adopts the omnibus law model, the pivotal issue in this paper rests on the legal basis for investment in Indonesia after this decision. Firstly, it enquired whether the Constitutional Court exceeded its power for a procedural judicial review against the Job Creation Law. Second, it discussed the legal basis for investment in Indonesia after the Constitutional Court's Decision No. 91/PUU-XVIII/2020. Using normative research, the results showed that with the conditional unconstitutional decision, the Indonesian investment world would experience legal uncertainty for the next two years, especially new businesses, licensing, and...
Malaysian Journal of Social Sciences and Humanities, Nov 30, 2022
Malaysian Journal of Social Sciences and Humanities, Nov 30, 2022
Malaysian Journal of Social Sciences and Humanities, Nov 30, 2022
International Journal of Law, Environment, and Natural Resources
The purpose of this research study aims to dissect the concept of Breach of contract in the civil... more The purpose of this research study aims to dissect the concept of Breach of contract in the civil law of two countries between Indonesia and Malaysia. As a country that has a different legal system but also recognizes Breach of contract or breaking promises in civil relations. In this research method, the type of research that the author uses is normative research. The nature of the research in this paper is the nature of comparative descriptive research. The approach used in this legal research is the statute approach, and the conceptual approach. The results of the study found that the Breach of contract in Indonesian civil law. This is a deviant act committed by one of the parties to the agreement from what was previously agreed without coercion which can result in losses for the opposing party and default in civil law in Malaysia as regulated in the 1950 Contract Law which is called Contract impossibility, a contract may be terminated. If the contracting parties fail to carry ou...
Journal of Money Laundering Control, Apr 27, 2022
Journal of Money Laundering Control
Purpose Corporate gift-giving and hospitality are some of the high-risk areas for corruption. Thi... more Purpose Corporate gift-giving and hospitality are some of the high-risk areas for corruption. This paper aims to see comparisons between the Malaysian Ministerial Guidelines and the UK Guidance and to analyse whether the guideline in Malaysia is adequate in dealing with corporate gift-giving and hospitality. Design/methodology/approach The methodology used in this paper is qualitative research which is based on data collection through online searches, legal databases, information obtained from articles, books, statutes and related government publications. Findings The findings show that the statutory guideline in Malaysia is immature, still not adequate, and lacks detailed regulations in determining gifts and hospitality as corruption (unclear boundary), as compared to the UK law which is more detailed. Originality/value This paper explains on comparison of corporate gift giving and hospitality practise in Malaysia and the UK based on the statutory guidelines.
Good Governance and the Sustainable Development Goals in Southeast Asia
Akademika, 2019
Umumnya, pesakit mempunyai hak untuk membuat keputusan berhubung penjagaan kesihatan dan rawatan ... more Umumnya, pesakit mempunyai hak untuk membuat keputusan berhubung penjagaan kesihatan dan rawatan perubatan untuk dirinya. Tiada individu lain boleh membuat apa-apa keputusan berhubung dengan rawatan jika pesakit tersebut masih berkeupayaan untuk membuat keputusan. Dalam hal ini, pesakit juga boleh membuat suatu arahan untuk tidak meneruskan rawatan atau menerima apa-apa campur tangan perubatan untuk dirinya. Arahan Perubatan Awal (APA) (turut disebut sebagai Arahan Awal Perubatan) ialah dokumen yang mengandungi hasrat pesakit berhubung rawatan perubatannya, dibuat semasa pesakit masih berkeupayaan membuat keputusan. Terdapat sejenis arahan dalam skop APA yang secara khusus membenarkan pesakit untuk menolak bantuan pernafasan (Cardiopulmonary Resuscitation) (CPR). Arahan tersebut dikenali sebagai Larangan Resusitasi (Do Not Resuscitate) (DNR). Walau bagaimanapun, arahan tersebut bukanlah amalan yang biasa kerana berkemungkinan bercanggah dengan kewajipan doktor untuk memberikan rawat...
Jurnal Undang-undang dan Masyarakat, 2021
Perlakuan buli telah menjadi suatu fenomena yang merisaukan sejak akhir-akhir ini. Terdapat banya... more Perlakuan buli telah menjadi suatu fenomena yang merisaukan sejak akhir-akhir ini. Terdapat banyak kes buli di Malaysia yang dilaporkan di media-media massa dan elektronik. Apa yang lebih membimbangkan ialah perlakuan membuli di negara ini berlaku dalam kalangan pelajar sekolah rendah dan menengah. Penulisan ini mengupas permasalahan dari perspektif prinsip asas syariah. Penulisan ini adalah berasaskan kepada suatu kajian perundangan tulin yang bercirikan kualitatif. Sumber-sumber berkaitan buli dan prinsip-prinsip syariah yang berkaitan dikumpul melalui kajian perpustakaan. Semua bahan berkaitan buli dalam bentuk buku, manuskrip mahupun artikel dalam jurnal telah semuanya dianalisis dengan menggunakan kaedah analisis kandungan dan analisis kritis. Secara objektifnya, penulisan ini pertamanya menganalisis prinsip akhlak menurut syariah dan bagaimana kehidupan berakhlak itu bertunjangkan kepada akidah dan takwa. Keduanya, ia mengenal pasti kepincangan akhlak yang membawa kepada perla...
Pertanika journal of social science and humanities, 2021
The right to health is recognised as a fundamental human right in the World Health Organisation (... more The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the "right to health," regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, i...
Pertanika Journal of Social Sciences and Humanities, 2021
People fly for several reasons. One of the goals is to obtain medical attention. This idea is kno... more People fly for several reasons. One of the goals is to obtain medical attention. This idea is known as “medical tourism.” In defending this concept, the notion of medical tourism is one of the prospects of increasing industries that have rapidly grown in Malaysia and other countries. One of the factors that led to this trend is the propensity to pursue better medical care at a lower cost. Around the same time, certain patients in modern society have begun to provide input on their medical care in cases where they are unable to give consent. Advance Medical Directive (AMD) is a particular directive containing the desires of a knowledgeable patient regarding his or her future medical plans if he or she becomes incompetent or unable to make any decisions regarding his or her body. However, the concern that arises in the sense of medical tourism is whether there are applicable laws in Malaysia that will ensure that the AMD of patients is enforced. The art of AMD is still relatively new ...
The European Proceedings of Social and Behavioural Sciences, 2019
The European Proceedings of Social and Behavioural Sciences, 2019
Academic Journal of Interdisciplinary Studies, 2019
One of the most common forms of evidence used by the Public Prosecutor in a courtroom to prove a ... more One of the most common forms of evidence used by the Public Prosecutor in a courtroom to prove a case is DNA evidence. The DNA evidence process started when the police collected the physical evidence relevant to the alleged offence at the crime scene. The collected evidence will then usually be sent to the Department of Chemistry Malaysia for DNA analysis. The chemist will extract the DNA from the relevant physical evidence by using specific techniques. The outcome of the analysis will be used to complete the investigation of the case. Being an independent organization, the Chemistry Department strives to provide impartial forensic science analysis. Thus, from the analysis, sometimes DNA evidence does not necessarily implicate the accused with the alleged offence but may also disclose the involvement of a third party in the alleged offence that may cast doubt on the prosecution’s case. This can be seen in the Federal Court’s case of Public Prosecutor v Hanif Basree Abdul Rahman [200...
International Journal of Engineering & Technology, 2018
The protection of the right to life and the duty to rescue persons in distress at sea are the fun... more The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is q...
Uploads
Papers by Mohd Zamre Mohd Zahir