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All Journal JURNAL HUKUM Hasanuddin Law Review Jambe Law Journal Lex Publica
Abu Taher, Mohammad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Beyond the Basics: Examining the Consequences of Substandard Law Textbooks in Legal Education in Developing Countries Kamal, Abu Hena Mostofa; Md. Nor, Mohd Zakhiri; Abu Taher, Mohammad; Chowdhury, Mohammad Abdul Matin
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.240

Abstract

Law graduates play a critical role in shaping the legal system and ensuring justice. To provide them with the necessary knowledge and skills, it is essential to have proper educational resources, especially qualitative law textbooks. This article evaluates the need for qualitative law textbooks for proper education of law graduates in law schools by taking Bangladesh as a case study and critically assesses the impact of the lack of quality textbooks on law students. The study shows that qualitative law textbooks are essential for students to develop a comprehensive understanding of the legal system, its principles, and the interpretation of laws. Lack of quality textbooks has a detrimental impact on law students in Bangladesh, hindering their research and academic progress and affecting the quality of legal education. This article argues that it is imperative to ensure the availability of qualitative law textbooks to provide the necessary educational resources for law students in Bangladesh. The study highlights the significance of qualitative law textbooks in legal education and calls for necessary measures to address the issue of insufficient textbook quality to improve legal education in Bangladesh.
Economic Opportunities of Offshore Banking and Regulatory Responses to Money Laundering Risks: A Comparative Study Chandra, Tofik Yanuar; Hossain, Mohammad Belayet; Zakhiri Md. Nor, Mohd; Abu Taher, Mohammad
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.153-173

Abstract

Offshore banking offers significant opportunities for foreign investment and economic growth in developing countries, particularly for free trade zones and industrial sectors. However, it also presents potential risks related to money laundering if Anti-Money Laundering (AML) regulatory frameworks are not properly established or reinforced. This research aims to explore the potential economic benefits of developing comprehensive regulatory frameworks for offshore banking in Indonesia, while also mitigating the risks of money laundering and financial crime. To achieve this, the research adopts a qualitative approach, utilizing a comparative method to analyze the offshore banking regulations of Malaysia, Bangladesh, and Indonesia. The findings reveal that Malaysia has been utilizing offshore banking since 1990 in Labuan, while Bangladesh is currently enacting the Offshore Banking Act (OBA) 2024. Indonesia’s AML framework, under Law No. 8 of 2010, has made progress, but challenges remain in its implementation, especially concerning offshore banking. The research highlights that while Malaysia and Bangladesh have established frameworks to regulate offshore banking, Indonesia still faces regulatory gaps, particularly in managing the risks of offshore financial activities. The implication is that while offshore banking holds potential, its regulation must be reinforced to prevent its use in money laundering activities, including through international cooperation.
Measuring the Consistency of Pancasila Rule of Law Implementation in Ensuring Judicial Independence in Indonesia Kadir, Adies; Gunarto, Gunarto; Hussain, Abdullah Al-Monzur; Abu Taher, Mohammad
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.321-345

Abstract

This study examines the consistency of the implementation of the Pancasila State of Law in guaranteeing judicial freedom in Indonesia, as stipulated in Article 1 paragraph (3) and Article 24 paragraph (1) of the 1945 Constitution. The Pancasila State of Law integrates the rule of law, protection of human rights, the principles of legality, and judicial independence with Pancasila values that are philosophical, ethical, and religious. Judicial independence, as a key pillar, requires judges to be free from external intervention to produce fair and objective decisions. However, its implementation faces challenges, such as a history of executive intervention, the quality of human resources, and corrupt practices, collusion, and nepotism. This study uses a juridical normative method, analyzes laws and regulations, legal doctrine, and judicial practices in Indonesia, and compares them with the Dutch and United States judicial systems. The results show the need for legal reconstruction through strengthening the guarantee of the position of judge, transparent recruitment, separation of powers, independent budget management, and improving the appeal and cassation mechanisms. This reform will ensure an independent, professional, and integrity judiciary, in line with the values of Pancasila.
Sharenting in Malaysia: Balancing Parental Rights and Children’s Privacy in the Digital Age Jamaluddin, Siti Zaharah; Abu Taher, Mohammad; Ahmad Rujhan, Iman Syamil
Hasanuddin Law Review VOLUME 11 ISSUE 2, AUGUST 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i2.6285

Abstract

This study explores the phenomenon of “sharenting,” the widespread practice of parents sharing information, photos, and videos of their children online, within the Malaysian context. As social media becomes deeply embedded in daily life, sharenting serves as a common means for parents to document and share their parenting journey. However, this practice raises significant concerns about striking a balance between parental rights and children’s rights to privacy, consent, and protection from long-term digital exposure. While Malaysian parents often view sharenting as an expression of their rights, it may inadvertently infringe upon the child’s autonomy and digital footprint, which is permanent and difficult to erase. This study examines the existing Malaysian legal framework governing parental and children’s rights, with a focus on the principle of the best interest of the child as the guiding standard. Through a comprehensive review of literature, relevant legislation, and comparative perspective, the study argues that current laws are insufficiently addressing children’s digital privacy and consent rights. It recommends legal reforms that explicitly recognise children’s rights to privacy, consent, and the right to be forgotten, ensuring a more equitable balance between parental authority and the child’s digital autonomy in the digital age.
From Misbehaviour to Courtroom: Analyzing Malaysia’s Legal Approach to Children Beyond Parental Control Syed Nong, Shariffah Nuridah Aishah; Ismail, Nazli; bin Mustaffa, Aminuddin; binti Bidin, Asiah; Abu Taher, Mohammad
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/40hknt39

Abstract

Youth misconduct such as truancy, running away from home, smoking, and staying out late remains a recurring concern in Malaysia where public alarm has been amplified by viral social media cases. Legally, such adolescents fall under the category of “children beyond control” in the Child Act 2001. Between 2017 and 2023, the Department of Social Welfare recorded 1,534 cases nationwide, 40 of which were from the state of Terengganu. Failure to address such behaviour risks escalating into delinquency and crime, highlighting the need for early intervention. This study aims to identify the most prevalent forms of uncontrollable behaviour in Terengganu, examine legal procedures and rehabilitation orders imposed by the Court For Children, and propose improvements to strengthen child welfare protection. Using a descriptive socio-legal methodology, qualitative data were collected through semi-structured interviews with magistrates, welfare officers and probation officers, supplemented by library research. Findings indicate the need for comprehensive intervention strategies to ensure protection, rehabilitation, and reintegration. The study contributes to scholarship and practice by aligning case management with the National Child Policy and the United Nations Convention on the Rights of the Child, while offering practical insights to improve the handling of children beyond control in Terengganu.
Co-Authors Ahmad Rujhan, Iman Syamil bin Mustaffa, Aminuddin binti Bidin, Asiah Chandra, Tofik Yanuar Chowdhury, Mohammad Abdul Matin Gunarto Gunarto Hossain, Mohammad Belayet Hussain, Abdullah Al-Monzur Jamaluddin, Siti Zaharah Kadir, Adies Kamal, Abu Hena Mostofa Md. Nor, Mohd Zakhiri Nazli Ismail Syed Nong, Shariffah Nuridah Aishah Zakhiri Md. Nor, Mohd