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All Journal Jurnal Cita Hukum Media Iuris Prophetic Law Review
Zahir, Mohd Zamre Mohd
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Prinsip Sistemik Lembaga Perdamaian PKPU Untuk Mencapai Nilai Keadilan Suci, Ivida Dewi Amrih; Shubhan, M. Hadi; Poesoko, Herowati; R. Murjiyanto; Zahir, Mohd Zamre Mohd; Sudiyana
Media Iuris Vol. 7 No. 2 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i2.55386

Abstract

Systemic principles serve as the basic basis for thought and action processes, representing interconnected elements that contribute to the formation of a comprehensive whole. Bankruptcy law is a special and special law, regulated in Articles 222 to 294 of the Bankruptcy Law and PPU, PKPU is a legal peace institution whose operational elements include deciding judges, administrators, supervisory judges, debtors, creditors, and additional elements in the PKPU institution that are guarantors if provided. Systemically, these elements are interrelated both within their own elements and with theoretical elements, namely the Ideal elements (about meaning) and the actual elements. According to Article 287 of the Bankruptcy Law and PKPU Jo Article 282 of the Bankruptcy Law and PKPU, PKPU has a final and binding decision, but it is limited, and its decision is only related to the minutes of the meeting. The verdict still has legal consequences if violated. The author's motivation is to analyze systemic principles in the legal framework of PKPU peace institutions with the aim of upholding the principle of justice. The analysis methodology used is the legal system theory developed by Kees Schuit, focusing on the Ideal, Operational, and Actual elements. In addition, it incorporates three basic principles outlined by Gustav Radbruch – Certainty, Benefit, and Justice. The results of this study contribute prescriptive value to the field of law, especially in bankruptcy law.
Enforcement of Sharia Criminal Offences in Cyberspace: Challenges from Malaysian Legal Perspective Saifuddin, Suhaizad; Hashim, Fatimah Yusro; Zahir, Mohd Zamre Mohd; Halim, Asma Hakimah Ab
Prophetic Law Review Vol. 7 No. 1 June 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss1.art2

Abstract

The enforcement of Sharia criminal law in Malaysia faces substantial challenges in the digital era, where technological advancements have blurred traditional legal boundaries. Certain Sharia criminal offences committed in cyberspace remain difficult to prosecute due to jurisdictional limitations, evidentiary constraints, and the absence of specific legal provisions. These challenges underscore a growing disconnect between the enforcement of Sharia criminal law and the rapid evolution of digital technologies. This article examines the enforcement of Sharia criminal offences in cyberspace from the Malaysian legal perspective and proposes practical legal solutions to bridge the identified gaps. Employing a qualitative and doctrinal methodology, data were gathered through library-based research, statutory analysis, a review of reported cases, and relevant newspaper reports. The data were analysed using content analysis and descriptive methods. In addition, a comparative approach was adopted to assess the extent to which evidentiary and procedural frameworks from the common legal system in Malaysia could be adapted to enhance the effectiveness of Sharia criminal enforcement. In response, this article recommends targeted legislative reforms to enhance the Sharia legal system's capacity to address cyber-related offences, thereby ensuring that the enforcement of Sharia criminal law remains relevant and effective in the context of modern technological developments.
The International Human Rights Standard and Pakistan’s Obligations regarding Wrongful Conviction: A Comparative Doctrinal Analysis with the United Kingdom Jan, Naseem; Rajamanickam, Ramalinggam; Zahir, Mohd Zamre Mohd
Jurnal Cita Hukum Vol. 13 No. 2 (2025): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.46942

Abstract

Failures within the criminal justice system can result in wrongful convictions, leading to a loss of human rights. Additionally, wrongful convictions can erode trust in the system as a whole. This article examines the disparate human rights standards around the world as they relate to wrongful convictions, focusing on Pakistan and the expectations for Pakistan’s position in the global community on the issue. This article also examines the comparative and doctrinal position of the UK, aiming to identify the strengths and weaknesses of Pakistan's position. This takes into account the central instruments of human rights —the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights —as well as the domestic case law and statutes of both the UK and Pakistan. In Pakistan, all the agreements on fair trial and remedies under the ICCPR guarantee fair trial rights. Still, there have also been domestic legislative omissions, such as the lack of a law to compensate the wrongfully imprisoned. The UK, on the other hand, has a more systematic approach, particularly in the office of the Criminal Justice Act 1988. In light of this, Pakistan needs a domestic law that addresses the human rights standards at its disposal to deliver justice to the wrongfully convicted.
Co-Authors Halim, Asma Hakimah Ab Hashim, Fatimah Yusro Herowati Poesoko, Herowati Jan, Naseem M. Hadi Shubhan R. Murjiyanto, R. Rajamanickam, Ramalinggam Saifuddin, Suhaizad Suci, Ivida Dewi Amrih Sudiyana