Asian Journal of Law and Policy

04/12/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: Addressing Child Exploitation via Deepfake Technology: Evaluating Malaysia’s Legal Framework
Author(s): Phaik Nee Tan and Manique AE Cooray
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/1515

Abstract:
The rapid development in artificial intelligence (AI) has led to the proliferation of deepfake technology. The advancement of deepfake technology has posed significant risks, particularly its significant threats to children through exploitation. This paper aims to examine the effectiveness of Malaysia’s current legal framework in tackling deepfake child po*******hy and to identify existing legal gaps. Despite the severe implications of deepfakes in facilitating child po*******hy and other forms of abuse, Malaysia currently lacks specific laws to address these pressing issues. Thus, this paper delves into effective legislative measures to tackle deepfake-related crime through a comparative analysis of the legal approaches in the United Kingdom, Singapore, South Korea and the European Union. By identifying the key provisions and case laws in these jurisdictions, this study proposes to reform Malaysia’s outdated laws to criminalise the parties liable for the crime and point up the need to adopt a robust legal framework to safeguard victims and deter potential offenders.

03/12/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: Music Made by AI: How Does Indonesian Copyright Law Address This Issue?
Author(s): Vicko Taniady and Ahmad Sabirin
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/1752

Abstract:
The development of AI has enabled the creation of musical works without direct human involvement. This phenomenon poses new challenges for copyright law in Indonesia. This research aims to assess the legal arrangements related to copyright, music, and AI in the Indonesian legal system. Furthermore, this research will also formulate the legal protection of AI-produced music. The research method used is normative law with legislation, cases, and comparative studies. The results show that Copyright Law in Indonesia has not explicitly regulated the process of creating musical works by AI but still focuses on creations produced by humans. The absence of regulations creates legal uncertainty for music industry players and AI developers. Therefore, the formulation of progressive and adaptive legal policies is needed to provide legal certainty and copyright protection for musical works that involve AI technology in the creation process.

Article Details

Area-Based Conservation Approach in the Sundarbans and Saint Martin's Island of Bangladesh: Prospects and Challenges Article Sidebar PDF Published: Jan 31, 2025 DOI: https://doi.org/10.33093/ajlp.2025.1 Keywords: Area-based conversation, Biodiversity, Bangladesh, Subdarbans, Saint Martin's Main Arti...

13/11/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: Area-Based Conservation Approach in the Sundarbans and Saint Martin's Island of Bangladesh: Prospects and Challenges
Author(s): Noor Israth Jahan
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/952

Abstract:
Area-based conservation is regarded as a viable approach to conserve biodiversity. The Convention of Biological Diversity 1992 (CBD) is the key international instrument creating binding obligations for state parties. With the influence of CBD and other international instruments, Bangladesh has adopted new laws, policies, and strategies and thereby seems to have departed from the traditional approach to conservation and embraced the new approach to conservation in line with CBD. This study assesses Bangladesh’s conservation approach regarding the Sundarbans Mangrove Forest and Saint Martin’s Island—two critically important ecological sites and concludes that despite various conservation measures taken by the Government of Bangladesh, the biodiversity of these two sites is in decline and that these two critically important ecological sites require a well-functioning area-based conservation approach. It identifies the reasons behind the failure of Bangladesh’s conservation efforts regarding these two sites and finds out the key factors contributing to this failure. In doing so, it emphasizes qualitative elements of conservation, such as effective and equitable management, ecological representativeness, connectivity, integration into wider land and seascapes, etc. Bangladesh has already taken the first steps towards a proper conservation approach in theory; it is now high time to bring them into proper practice.

Area-Based Conservation Approach in the Sundarbans and Saint Martin's Island of Bangladesh: Prospects and Challenges Article Sidebar PDF Published: Jan 31, 2025 DOI: https://doi.org/10.33093/ajlp.2025.1 Keywords: Area-based conversation, Biodiversity, Bangladesh, Subdarbans, Saint Martin's Main Arti...

12/11/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: The Role of Royal Pardon in Malaysia: An Analysis and a Way Forward
Author(s): Hui Yai Loh; Hafidz Hakimi Haron
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/1020

Abstract:
Royal Pardon is one of the prerogative rights of the King, Yang Di-Pertuan Agong in Malaysia. The granting of a royal pardon is sacred, as it will significantly shorten the punishment an offender deserves. The legal issues that arise are whether the advice of the Pardons Board is binding and whether the decision to grant a pardon will be judicially reviewed. An analysis was done about the rejection and granting of a royal pardon to Anwar Ibrahim, and also the pardon that was granted to Najib Razak recently. There are several weaknesses in Malaysia’s royal pardon system, and recommendations are provided by comparing it with those of Australia and Thailand. The problem is that there is a lack of clarity about Malaysia’s current royal pardon system to ensure justice is served. The research objectives are to analyse the current royal pardon system in Malaysia based on decided and ongoing cases, especially on Anwar Ibrahim and Najib Razak’s pardon process, and compare the royal pardon system with Australia and Thailand to improve Malaysia's current royal pardon system. The research adopts doctrinal-based research and comparative analysis to fulfil the objectives of the research.

The Role of Royal Pardon in Malaysia: An Analysis and a Way Forward Article Sidebar PDF Published: Jul 30, 2025 DOI: https://doi.org/10.33093/ajlp.2025.9 Keywords: Royal pardon, Prerogative rights, Pardon board, Malaysia, Federal Constitution Main Article Content Hui Yai Loh Y Kong, Wong & Partners,...

10/11/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: Abstention Obligation Under the UN Charter in the Light of the Subsequent Practice of the Permanent Members
Author(s): Mei Yee Kang
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/1044

Abstract:
A permanent member of the Security Council derives its veto power from Article 27(3) of the Charter of the United Nations. The proviso of Article 27(3), however, provides that when the Security Council is considering a non-procedural resolution under Chapter VI and Article 52(3) of the Charter, a party to the dispute to which the resolution relates shall not vote. It is also known as the obligatory abstention rule. The abstention obligation seems clear, but the practice of the obligation is not as straightforward. Some scholars argue against the abstention obligation because it has not been invoked for decades. On the other hand, some argue that treaty obligations cannot be modified or amended by subsequent practice. This paper argues that the abstention obligation under Article 27(3) cannot be amended by the subsequent practice of the Security Council, and it proposes that the General Assembly make an application to the International Court of Justice (ICJ) for an authoritative pronouncement in this regard.

Abstention Obligation Under the UN Charter in the Light of the Subsequent Practice of the Permanent Members Article Sidebar PDF Published: Jul 30, 2025 DOI: https://doi.org/10.33093/ajlp.2025.8 Keywords: United Nations Security Council, Permanent members, Abstention rule,, Amendment, Subsequent prac...

05/11/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: An Economic Analysis of the Effectiveness of Relevant Market Delineation Methods in Abuse of Dominant Position Cases in India
Author(s): Hiteshkumar Thakkar; Matteo Smacchi; Mansi Subramaniam
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/980

Abstract:
In antitrust legislation, determining the relevant market is fundamental and a major determinant of how abuse of dominant position cases are decided. In the Indian context, the Competition Act lists factors to determine the relevant market. However, the relevant market delineation involves a lot of subjectivity, resulting in arbitrary decision-making and several case laws being testaments to the same. Further, the increasing variety in online marketplaces, the emergence of new e-commerce business models, and contemporary determinants of the relevant market (such as network effects) have made the issue even more complex and subjective. The paper argues that the mechanism adopted to delineate the relevant market is highly subjective and aims to highlight the issues associated with delineating abuse of dominant position cases in India. The approaches to determining the relevant market used in the contemporary Competition Commission of India order illustrate the challenges associated with these tests. It aims to propose an alternative to the current approaches, to reduce the arbitrariness and disparity in the adjudication of similar matters. The paper seeks to address whether the current method(s) of identifying the relevant market in abuse of dominant position cases are effective.

An Economic Analysis of the Effectiveness of Relevant Market Delineation Methods in Abuse of Dominant Position Cases in India Article Sidebar PDF Published: Jul 30, 2025 DOI: https://doi.org/10.33093/ajlp.2025.7 Keywords: Competition law, Relevant market, Market delineation, Abuse of dominant positi...

03/11/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: Navigating the Legal Landscape: Short-Term Rental Accommodations in Malaysia and the Path Forward
Author(s): Hua Siong Wong; Kwok Whee Chung.
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/1030

Abstract:
Short-Term Rental Accommodation (‘STRA’) encircling activities such as operating short-term rentals and listing owner-occupied accommodations on network media, for example, Airbnb, Agoda, iBilik and Booking.com have raised numerous legal concerns in Malaysia. These include licensing, business registration, security issues, and neighbourhood disturbances. Presently, there is a notable absence of devoted legislation addressing the control of STRA, particularly within the context of Airbnb in Malaysia. This study applies qualitative methods, primarily library research through document analysis, focusing on relevant legislation and case laws in Malaysia and some selected countries. It is imperative to advocate for the establishment of specific legislation to regulate STRA in Malaysia to ensure the protection and welfare of homeowners, tourists, and the public in general and subsequently to achieve Goal 11 of the United Nation’s Sustainable Development Goals (‘SDGs’), which is to make cities and human settlements inclusive, safe, resilient and sustainable.

Navigating the Legal Landscape: Short-Term Rental Accommodations in Malaysia and the Path Forward Article Sidebar PDF Published: Jul 30, 2025 DOI: https://doi.org/10.33093/ajlp.2025.6 Keywords: Accommodations, Malaysia, Rental, Short-term Main Article Content Hua Siong Wong Centre for Legal Research...

29/10/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: A Proposal for Malaysia’s Asylum Act
Author(s): Hench Goh; James Leong; Adam Haris Othman; Yee Ching Kho; Chung Yin Wong
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/138

Abstract:
Asylum is granted to people in search for international protection from persecution or serious harm in their own country. The right to asylum for refugees in Malaysia is far from realization and in dire need of a practical solution. Due to the lack of a proper enactment of Asylum Act, asylum seekers are to deal with denial of basic rights. Asylum seekers are also denied of education and healthcare due to high cost since these are not provided by the government. This article discusses the need for a proper enactment of Asylum Act in Malaysia in relation to the rising numbers of asylum seekers and refugees in the country. In this research, a comparative analysis between Malaysia’s existing laws dealing with asylum and the law of Australia, United Kingdom, Indonesia, and European Union was carried out. It was found that these countries have developed their legal framework for asylum considerably and could legally accommodate the influx of refugees into their respective countries, in contrast to Malaysia’s increasingly poor management of the refugees and asylum-seekers. The study suggests the possibility for the adoption of recommended legal principles from those countries into the proposed Malaysian Asylum Act.

A Proposal for Malaysia’s Asylum Act Article Sidebar PDF HTML Published: Jul 28, 2021 DOI: https://doi.org/10.33093/ajlp.2021.4 Keywords: Asylum, Refugees, Malaysia, Human rights, International law Main Article Content Hench Goh Faculty of Law, Multimedia University, Malaysia https://orcid.org/000...

27/10/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: Digital Tracing and Malaysia's Personal Data Protection Act 2010 amid the Covid-19 Pandemic
Author(s): Olivia Tan Swee Leng; Rossanne Gale Vergara; Shereen Khan
�Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/86

Abstract:
Digital tracing is a proven effective means for the Malaysian government to trace and control the spread of COVID-19. However, the process of tracing and tracking in order to manage the spread of the pandemic have in many ways compromised personal information to third party applications. Malaysia is not the only country that uses digital tracing to manage the spread of the pandemic. Various countries have chosen different methods for digital contact tracing to manage the spread of COVID-19 and some are less respectful of privacy than others. This paper analyses Malaysia’s Personal Data Protection Act 2010 (PDPA) and its effectiveness in protecting personal data during the pandemic as Malaysians continue to utilise the contact tracing mobile applications such as MySejahtera and SELangkah. The researchers applied doctrinal research method and analysed the current Malaysian legislation on data protection. It should be noted that the PDPA does not apply in the case of government collection and would not require federal and state agencies to be transparent in their data management.

Digital Tracing and Malaysia's Personal Data Protection Act 2010 amid the Covid-19 Pandemic Article Sidebar PDF HTML Published: Jul 28, 2021 DOI: https://doi.org/10.33093/ajlp.2021.3 Keywords: COVID-19, Digital tracing, Personal data protection, Privacy Main Article Content Olivia Tan Swee Leng Mult...

22/10/2025

We are delighted to share that an article has been published in the Asian Journal of Law and Policy (AJLP).

Title: The Opportunity for a Civil Code in Myanmar
Author(s): Rémi Nguyen
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/92

Abstract:
If the modern concept of codification is seen as a Code, Myanmar experienced for long time official and various codifications in a broad interpretation of the term. Indeed, Dhammathat has been used in the Ancient Burma. Moreover, a Burma Code related to the codification of Indian Common Law has been established in the country through the British colonisation. Since the independence of the country, the government continues to compile statutes law and case law on a year-by-year basis. Nowadays, codification can be used to solve legal uncertainty and conflict of laws in civil law such as family law, contract law and property law. Hence, Myanmar needs to modernise its civil law and could do it through a Civil Code. Therefore, this modernisation can be a great opportunity to achieve the legal, social and political unity in the country.

The Opportunity for a Civil Code in Myanmar Article Sidebar PDF HTML Published: Jul 28, 2021 DOI: https://doi.org/10.33093/ajlp.2021.2 Keywords: Codification, Civil Law, Civil Code, Dhammathats, Burma Code Main Article Content Rémi Nguyen Institut de Recherche sue l’Asie du Sud-Est, Thailand http...

20/10/2025

We are delighted to share that a new article has been published in the Asian Journal of Law and Policy (AJLP).

Title: Economic Rights under the UN System and the Creation of a Newer International Economic Order
Author(s): Amritha Viswanath Shenoy
Read the full article here: https://journals.mmupress.com/index.php/ajlp/article/view/90

Abstract:
In the beginning of the human rights discourse, emphasis was on civil and political rights. Later, the thrust of the discourse moved to social and economic rights. Economic rights were demanded by the developing world manifesting in the form of Permanent Sovereignty over Natural Resources and the New International Economic Order. Due to the untiring efforts of these members, economic rights are reflected, enunciated and promoted in the international human rights instruments created under the aegis of the UN. The OHCHR has an innovative approach towards the guaranteeing of economic rights. For instance, the Office has a human rights approach towards poverty alleviation. It also recognises different duty holders in promoting human rights like the Transnational Corporations apart from the governments and civil society in ensuring human rights (especially in the interlinkages on Business and Human Rights). These new approaches has transformed the promotion of economic rights. The question is whether the international economic order has benefited from the promotion and guaranteeing of the economic rights. The aim of the present article is to analyse the impact of UN efforts in promoting economic rights and its repercussions on the formation of a newer international economic order.

Economic Rights under the UN System and the Creation of a Newer International Economic Order Article Sidebar PDF HTML Published: Jul 28, 2021 DOI: https://doi.org/10.33093/ajlp.2021.1 Keywords: Economic rights, United Nations, New international economic order Main Article Content Amritha Viswanath S...

10/09/2025

NexSymp 2025: Arts and Humanities Domain
Here is the conference programme for the NexSymp 2025: Arts and Humanities Domain on 11 and 12 September 2025 (GMT+8 Malaysian time). All are invited to join via the link provided in the programme.