Among the methods set out for the creation of customary rights in land in section 5(2) of the Land Code. The Kelabit, one of the smallest indigenous groups in Sarawak, are almost exclusively found in the Kelabit Highlands.
ADMISSABLE EVIDENCE ON OCCUPATION
It is 'the right to occupy and own the land under the authority of, and in accordance with, the traditional laws and customs of the indigenous peoples'. It is in this context that the cultural landscape and evidence of occupation of the Kelabit in the highlands is discussed.
KELABIT LAND BASED CULTURAL PRACTICES: THE MEGALITHS
In the Kelabit Highlands, these megaliths take the form of batuh narit (rock art or carved stones), batu sinuped (menhirs or standing stones), batu nangan (pillars or slab-built structures) and batu perupun (stone mounds) and are often accompanied by batu nawi (hollowed cylindrical stone). He believed that the stone objects in the Kelabit country are of recent and current Kelabit origin and not Chinese.
STONE MONUMENTS, URNS AND JARS, AND BURIAL RITES
Between Pa' Dalih and the next village, Pa' Mada, there was a large grave in the middle of the jungle. A great miracle recently occurred at the spring of Akaha, on the border of the Kelabit land.
NON-MEGALITHS: CARVING AND MODIFICATION OF THE LANDSCAPE AND TERRITORY
107 A row of kawang called kawang mulaq (many kawangs) on the ridge between Pa'Umur and Pa'Main. A number of these are clearly visible on the plains of Pa' Umur and its tributaries.
STONE MONUMENTS AS SYMBOLS OF HONOUR AND RIGHTS OF INHERITANCE
This was a straight stone found in the fields at Long Nipat, the creator of which was an unknown person. SM organized a lavish party and created a kawang at Arur Tegkang Ridge in Bario Lem Baaq' in honor of TR.
CONCLUSION
These rocks carry oral stories that form a large part of Kelabit's story and history, demonstrating their continued habitation. Since s 5(2) of the Sarawak Land Code requires the cultivation and occupation of land before 1958, it is argued that the evidence from their burial sites, the megaliths and other cultural monuments shows distinctive features of Kelabit presence on the land, which would meet the demands of the population. the requirements of Article 5(2) of the Country Code.
Striking a Balance between Patent Rights and Access to Essential Medicines Through the Use of Compulsory Licenses –
Comparative Study of Indian and Malaysian Patent Laws
- INTRODUCTION
- PURPOSE OF COMPULSORY LICENSE
- SCOPE OF COMPULSORY LICENSE
- COMPULSORY LICENSE TO IMPORT FROM ABROAD Ordinarily, a patent holder is entitled to exclude others from importing their patented
- COMPULSORY LICENSE TO EXPORT TO OTHER COUNTRIES
- GROUNDS FOR CLAIMING A COMPULSORY LICENSE An application for a compulsory license in India must satisfy any of the following three
- PROCEDURE FOR GRANT OF COMPULSORY LICENSE At any time after expiration of three years from the date of grant of a patent (or four
- GOVERNMENT AUTHORISED COMPULSORY LICENSE
- COMPULSORY LICENSING OF INTERDEPENDENT PATENTS
- DEBUNKING CRITICISMS AGAINST COMPULSORY LICENSE
- CONCLUSION
54 Article 2(a)(iii), Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, 30 August 2003. 58 Article 2(c), Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, 30 August 2003. 59 Article 2(b)(iii), Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, 30 August 2003.
60 Article 2(b)(ii), Implementation of Article 6 of the Doha Declaration on the TRIPS Agreement and Public Health, 30 August 2003.
An Initial Exploration of Malaysians’ Perceptions of SOSMA 2012
BACKGROUND OF THE INTERNAL SECURITY ACT OF MALAYSIA
He also hoped that other promised reforms, including the introduction of the Law on Peaceful Assembly and changes to the Law on Universities and Colleges, would herald one. It is stated that there can be no gray areas with regard to the law and the law in question must be strictly monitored to ensure that it serves only to maintain peace, freedom and liberty18. The Malaysian Bar Council is of the view that the fact that SOSMA serves to further erode civil rights and individual protections by ceding to the police force rather than judges the power to intercept communications and during trials.
Sivananthan25 said that SOSMA could be effective in certain situations as it allowed the police to detain a suspect for up to 28 days when there was a real threat to public order or to the security of the country, provided it was used properly, only in relation to offenses against the State and/or offenses relating to terrorism and nothing else.
METHODOLOGY
FINDINGS
Further, 93.4% of respondents disagreed with statements B7 [There are no racial problems in Malaysia]. This is because a large percentage of student respondents chose neutral for most of the statements regarding SOSMA. As shown in figure 2, 50.7% of the respondents agreed with the statement that basic human rights are violated by SOSMA 2012 (C6), 49% of the respondents agreed that the powers of the courts are limited by the provisions in SOSMA 2012 ( C7 ), 45.3%.
D 4 S 5 (2) A police officer who is not below the rank of superintendent of police may authorize a delay of not more than forty-eight hours for the consultation under paragraph (1)(a) if he considers is that—.
CONCLUSION
Section 375 Exception, Explanations and Section 375A Malaysian Penal Code –Legitimising Rape within Marriage: A
Call for Reform 1
LIMITATIONS OF MALAYSIAN DOMESTIC VIOLENCE ACT 1994 AND SOCIAL PRESPECTIVES ON WHY
However, it should be noted that in the same Declaration marital rape is depicted as violence against women. Consequently, the victim (woman) here has no right to remember and cannot use the remedy for psychological abuse given under the law if it is caused by marital rape. Marital rape must be prohibited to give effect to the remedy sought for women.
In fact, the argument is that because of the relationship of trust, the more aggravating is the crime of marital rape and, in this respect, the related area of domestic violence.
SECTIONS 375 AND 375A PENAL CODE, ACT 574 Section 375 which defines the offence reads
It also demonstrates the level of commitment that exists in the elimination of violence against women in the domestic environment and the recognition of human rights in the person of women. Sexual intercourse between a man and his own wife out of a marriage valid under any law for the time being in force or recognized as valid in the Federation is not rape. 31 Note that it is the duty of a woman to obtain a court order to protect her rights to protect herself from involuntary sexual intercourse with her husband.
The immunity for marital rape no longer exists in the country of its origin in the light of social development and the recognition of the rights of women, but we slavishly follow a law that is behind its time.
MALAYSIAN STATE RESPONSIBILITY IN THE INTERNATIONAL AND REGIONAL ARENA
37 See also Article 7 of the United Nations Declaration on the Elimination of Discrimination against Women, promulgated by General Assembly Resolution 2263 (XX11) of November 7, 1967. It should be noted here that statutory rape is depicted as violence against women. This rather extensive review of international and regional documents concludes with a reference to the report of the Working Group on the issue of discrimination against women in law.
Malaysia has a Plan of Action for the Development of Women which consists of 13 sectors, one of which is the elimination of violence against women.
FEDERAL CONSTITUTION
The contention to be advanced here is that the exemption to ss375 and 375A is inconsistent with Articles 5 and 8 of the Federal Constitution. The provisions of the Criminal Code are also inconsistent with Article 2(e) to (g) of CEDAW. The discrimination is based on marital status, which CEDAW and Article 8 of the Federal Constitution prohibit, as highlighted earlier.
It is the contention that the right of a married woman to consent to sexual intercourse falls within the bounds of the right to life and the guarantee of personal liberty under Article 5.
ISLAMIC PERSPECTIVES OF VIOLENCE AGAINST WOMEN AND RAPE WITHIN MARRIAGE
However, state legislatures are empowered to enact laws to "create and punish offenses committed by persons professing the religion of Islam against the precepts of that religion, except in relation to matters included in the Federal List - Item 1 of the State List". The two qualifiers at the end of the sentence (ie, "against the precepts of this religion" and "except with respect to matters included in the federal list") limit the offenses that the state legislature may establish. At that time, it is about the issues of abuse, domination and oppression of the wife, so that the husband forces her to have sexual relations without her consent.
The right to justice is equally available to all in the saying of Prophet Muhammad [p.
CONCLUSION AND RECOMMENDATION
Maxwell Recorder made the observation that the rule in English law which confers on the husband various rights in his wife's property was not applicable to a Muhammadan marriage. In fact, applying the argument that cruelty and violence are not permissible against a wife, as seen previously under Islamic law and in the provisions of the penal code that apply to all equally, there is no reason to maintain the current law that legitimizes marital rape. There is a unique obligation from and transfer to member states under international instruments and the federal constitution regarding the need not to discriminate between women, married or unmarried, and to prohibit marital rape in order to protect women from domestic violence by maintaining their human rights and dignity.
96 Salleh Buang, In the Service of the Law Simplicity and Grandeur Tun Suffian Legacy, Tun Suffian Foundation Incorporated, 2007, p.
What is Rule by Law?
THE CONTROL MODEL OF LAW
This in turn implies that the epistemological function of the rule of law is fundamentally dependent on the idea that the rule is capable of engaging the moral agency of the legal subject.29. Note that Hart's characterization of the problem of rule of law involves having to reckon with the legal subject's sense of respect for legal authority. So the nature of the problem seems to be that legal officials can exploit the legal subject's sense of respect for the law.
As mentioned above, the main problem here is that making a judgment about immorality can be difficult precisely because of the legal subject's sense of respect for legal authority.
THE FACILITATIVE MODEL OF LAW
Therefore, it is only rational for the legal subject to see law as a source of binding obligation if legal order systematically involves the subject's moral agency. These institutional channels enable the subject to participate in the project of maintaining legal order. These are important concepts in political morality that arise from the basic idea that the maintenance of workable legal order requires the legal subject's participation in the creation and interpretation of laws.
The project of maintaining legal order, by requiring engagement with the legal subject as a rational and moral agent, creates a particular moral trajectory that orients the legal order to the salient moral interests of legal subjects.
THE PATHOLOGY OF RULE BY LAW
Formal strategies of manipulation are designed to enable the regime to interfere with the salient moral interests of legal subjects, regardless of such interference. 61 My account speaks directly to the view that the rule of law and democracy are united to emphasize the right of legal subjects to participate in political decision-making that affects their salient moral interests. The problem of illegitimacy can also arise in cases where a ruling regime shows a reasonable degree of sensitivity to the salient moral interests of legal subjects.
69 I am grateful to Victor Ramraj for prompting me to specify the normative difference between a benevolent dictatorship and the pursuit of the rule of law to involve the most important moral interests of legal subjects.
CONCLUSION
This weakening can lead to formal changes to the law corresponding to the changes that could be seen in an authoritarian context.71 But even in the absence of such changes, the weakening can also be seen in the fact that both the government and the population accept that it is permissible that the law should draw arbitrary distinctions between persons equally possessed of moral agency in such a way that the law protects the salient moral interests of all legal subjects. So, on an expressive level, if this legal view prevails, there will be a loss in the moral character of the law, which is also likely to go hand in hand with a lowering of the moral authority of the law in the assessment of legal subjects. . Although they may not live in a conscious state of fear that the state may arbitrarily interfere with their salient moral interests without regard to such interference, the fact remains that weakening the moral integrity of their law introduces an element of uncertainty about the prospects for such interference.
Because the rule of law involves an attempt to apply the law in a way that does not involve the systematic engagement of the legal entity so conceived, but nevertheless attempts to project the legitimacy of the rule of law by trading in the rule of law, the rule of law burdens the rule of law and undermines the viability of the legal order as a framework for enabling salient moral the interests of legal subjects, thereby damaging the rational and moral foundations of the legal order.
