IIUM 2ND SEMESTER - GUEST LECTURES ON ARBITRATION

*as 15th January 2011

COMING SOON THIS FEBRUARY....

LAWSOC 10/11 in COLLABORATION WITH:
ENGINEERING STUDENTS SOCIETY 2010/2011 (ENGINIUS XVII)
ECONOMIC AND MANAGEMENT SCIENCES SOCIETY (EMSS)
ISLAMIC REVEALED KNOWLEDGE AND HERITAGE STUDENTS’ SOCIETY
BACHELOR OF EDUCATION STUDENT ASSOCIATION (BEDSA)
KELAB RAKAN ISLAH SISWA MALAYSIA (KARISMA) 

DATE: 9th-15th FEBRUARY 2011 | PROGRAMME: MAULIDUR RASUL EXHIBITION: 9th – 14th February 2011 | GRAND FORUM: “PEMILIK CINTAKU” 14th feb.2011| MUSICAL THEATER: "CINTAKU MILIK SIAPA" 13th February 2011|                                        

WELCOMING CEREMONY STUDENT EXCHANGE PROGRAMME 2011

DATE: 21st JANUARY 2011 (FRIDAY)
VENUE: AS-SYAFIEE CONFERENCE ROOM, AIKOL IIUM
TIME: 3.00 pm-5.00 pm

~ A WARM WELCOME TO AIKOL~

 ~Adam Wijaya Medantara

Anggit Trinindito

Aradila Caesar Ifmaini Idris

Agus Fadila Sandi

Ogiandhafiz Juanda

 ~Eci Ernawati

Dhita Martini S.

Asri Wulandari

Lena

Noor Aini Dyah Rahmawati

~ Dean of IIU with Deputy Dean Student Affairs Aikol

~ Lecturers of IIU

~IIU lecturers

~Lecturers from AIKOL

~Representative from Student body: SRC 09/10 and LAWSOC 10/11

Bar Council: Lack of legal representation troubling

SOURCE:
http://www.malaysianbar.org.my/legal/general_news/bar_council_lack_of_legal_representation_troubling.htm

Wednesday, 19 January 2011 09:10am

©The Star (Used by permission) PETALING JAYA: Too many people are not represented in criminal trials and this is very troubling, says Bar Council chairman Ragunath Kesavan. He said the constitutional guarantee of the right to legal representation was meaningless if a person was unable to get a lawyer because of insufficient means.

P/S: FOR FULL ARTICLE PLEASE CLICK THE LINK ABOVE.

A parliament where students can speak out

SOURCE: http://www.malaysianbar.org.my/legal/general_news/a_parliament_where_students_can_speak_out.html

"PUTRAJAYA: The Higher Education Ministry is seeking to establish a national students' parliament as a platform for undergraduates to voice their views.

Minister Datuk Seri Mohamed Khaled Nordin however said the body could only be formed if three quarters of the country's universities set up their own student parliaments in campus.

"The ministry encourages the concept of student parliament as it is an intellectual infrastructure that would enable students to share and voice their views on university policies.

"The body can also provide students the opportunity to cultivate intellectual debates among themselves," he said in his ministry's New Year address at the Putrajaya International Convention Centre yesterday.

Khaled said the student parliaments could also help to produce quality and idealistic students with critical thinking skills as they are the future leaders.

....."

P/S: MORE DETAIL PLEASE CLICK THE LINK ABOVE.

STUDENTS EXCHANGE PROGRAMME


Fakultas Hukum, Universitas Islam Indonesia
to
Ahmad Ibrahim Kulliyyah of Laws


SEMESTER II (2010/2011)
(19 JANUARY 2011 – 15th FEBRUARY 2011)


NAME OF STUDENTS:
Adam Wijaya Medantara
Anggit Trinindito
Aradila Caesar Ifmaini Idris
Agus Fadila Sandi
Ogiandhafiz Juanda
Eci Ernawati
Dhita Martini S.
Asri Wulandari
Lena
Noor Aini Dyah Rahmawati

~AHLAN WASAHLAN~

Lebanon: UN-backed court receives first indictment in Hariri assassination

source: UN NEWS CENTRE
http://www.un.org/apps/news/story.asp?NewsID=37295&Cr=leban&Cr1=

Lebanon: UN-backed court receives first indictment in Hariri assassination

Headquarters of the Special Tribunal for Lebanon

17 January 2011 – The United Nations-backed tribunal set up to try suspects in the 2005 murders of former Lebanese Prime Minister Rafiq Hariri and 22 others received its first indictment today, but its contents remain confidential at this stage.The Prosecutor of the Special Tribunal for Lebanon (STL), Daniel Bellemare, submitted the indictment and supporting materials to Pre-Trial Judge Daniel Fransen, who will now review them, court Registrar Herman von Hebel said in a statement in Leidschendam, Netherlands, where the tribunal sits.
The situation in Lebanon has been marked by rising tensions in recent months and last Wednesday, the government of national unity collapsed when 11 cabinet ministers from Hizbollah and allied groups resigned after months of negotiations brokered by Saudi Arabia and Syria failed to produce a compromise over the Tribunal.
In a statement from his spokesman today, Secretary-General Ban Ki-moon reiterated his support for the court, an independent body set up following a probe by the International Independent Investigation Commission after an earlier UN mission found that Lebanon’s own inquiry into the massive car bombing that killed Mr. Hariri and the others was seriously flawed, and that Syria was primarily responsible for the political tensions that preceded the attack.
“The independent judicial process should not be linked with any political debate,” the statement said, stressing that the STL indictment “is in pursuit of its mandate to end impunity for the terrible crimes” that killed Mr. Hariri and 22 others, as well as for related attacks. It underscored that the Tribunal is an independent court of law established at the request of the Government of Lebanon, with a clear mandate from the UN Security Council.
“The Secretary-General reiterates his call on all parties to refrain from any interference or influence in its work, but to allow it to proceed in accordance with the highest legal principles and standards applied by all United Nations-assisted international tribunals,” the statement said.
Last week Mr. Ban met with Mr. Hariri’s son, Prime Minister Saad Hariri, in New York to highlight his support for the Tribunal, stressing its independence and voicing the hope that its work would help end impunity in the country.

INTERNATIONAL CRIMINAL COURT (ICC)

The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 114 countries.

As of 12 October 2010, 114 countries are States Parties to the Rome Statute of the International Criminal Court. Out of them 31 are African States, 15 areAsian States, 18 are from Eastern Europe, 25 are from Latin American and Caribbean States, and 25 are from Western European and other States.

The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes.

In all of its activities, the ICC observes the highest standards of fairness and due process. The jurisdiction and functioning of the ICC are governed by theRome Statute.

About the Court:

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.

The international community has long aspired to the creation of a permanent international court, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.

In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed.

On 17 July 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court.

The Rome Statute entered into force on 1 July 2002 after ratification by 60 countries.

FOR MORE INFORMATION VISIT: http://www.icc-cpi.int/

ORGANISATION OF THE ISLAMIC CONFERENCE (OIC)

About OIC
The Organization of the Islamic Conference (OIC) is the second largest inter-governmental organization after the United Nations which has membership of 57 states spread over four continents. The Organization is the collective voice of the Muslim world and ensuring to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world. The Organization was established upon a decision of the historical summit which took place in Rabat, Kingdom of Morocco on 12th Rajab 1389 Hijra (25 September 1969) as a result of criminal arson of Al-Aqsa Mosque in occupied Jerusalem.
In 1970 the first ever meeting of Islamic Conference of Foreign Minister (ICFM) was held in Jeddah which decided to establish a permanent secretariat in Jeddah headed by the organization’s secretary general. Prof Ekmeleddin Ihsanoglu is the 9^th Secretary General who assumed the office in January 2005 after being elected by the 31^st ICFM.

The present Charter of the Organization was adopted by the Eleventh Islamic Summit held in Dakar on 13-14 March 2008 which laid down the objectives and principles of the organization and fundamental purposes to strengthen the solidarity and cooperation among the Member States. Over the last 40 years, the membership has grown from its founding members of 25 to 57 states. The Organization has the singular honor to galvanize the Ummah into a unified body and have actively represented the Muslims by espousing all causes close to the hearts of over 1.5 billion Muslims of the world. The Organization has consultative and cooperative relations with the UN and other inter-governmental organizations to protect the vital interests of the Muslims and to work for the settlement of conflicts and disputes involving Member States. In safeguarding the true values of Islam and the Muslims, the organization has taken various steps to remove misperceptions and have strongly advocated elimination of discrimination against the Muslims in all forms and manifestations.
The Member States of the OIC face many challenges in the 21^st century and to address those challenges, the third extraordinary session of the Islamic Summit held in Makkah in December 2005, laid down the blue print called the Ten-Year Program of Action which envisages joint action of Member States, promotion of tolerance and moderation, modernization, extensive reforms in all spheres of activities including science and technology, education, trade enhancement, and emphasizes good governance and promotion of human rights in the Muslim world, especially with regard to rights of children, women and elderly and the family values enshrined by Islam.


Under the Charter, the Organization aims, inter alia, to:

• Enhance and consolidate the bonds of fraternity and solidarity among the Member States;
• Safeguard and protect the common interests and support the legitimate causes of the Member States and coordinate and unify the efforts of the Member States in view of the challenges faced by the Islamic world in particular and the international community in general;
• Respect the right of self-determination and non-interference in the domestic affairs and to respect sovereignty, independence and territorial integrity of each Member State;
• Ensure active participation of the Member States in the global political, economic and social decision-making processes to secure their common interests;
• Reaffirm its support for the rights of peoples as stipulated in the UN Charter and international law;
• Strengthen intra-Islamic economic and trade cooperation; in order to achieve economic integration leading to the establishment of an Islamic Common Market;
• Exert efforts to achieve sustainable and comprehensive human development and economic well-being in Member States;
• Protect and defend the true image of Islam, to combat defamation of Islam and encourage dialogue among civilizations and religions;
• Enhance and develop science and technology and encourage research and cooperation among Member States in these fields;

In order to realize these objectives, Member States shall act, inter alia, in accordance with the following principles:

• All Member States commit themselves to the purposes and principles of the United Nations Charter;
• Member States are sovereign, independent and equal in rights and obligations;
• All Member States shall settle their disputes through peaceful means and refrain from use or threat of use of force in their relations;
• All Member States undertake to respect national sovereignty, independence and territorial integrity of other Member States and shall refrain from interfering in the internal affairs of others;
• Member States shall uphold and promote, at the national and international levels, good governance, democracy, human rights and fundamental freedoms, and the rule of law.

~FOR MORE INFORMATION PLEASE VISIT OIC WEBSITE:
http://www.oic-oci.org/

INTERNATIONAL COURT OF JUSTICE..

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.

The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).

The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.

Jurisdiction:

The International Court of Justice acts as a world court. The Court has a dual jurisdiction : it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction)

Cases:

The Court has a twofold role: to settle, in accordance with international law, legal disputes submitted to it by States (Contentious cases ) and to give advisory opinions (Advisory proceedings) on legal questions referred to it by duly authorized United Nations organs and specialized agencies.

In Contentious proceedings, when a dispute is brought before the Court by a unilateral application filed by one State against another State, the names of parties in the official title of the case are separated by the abbreviation v. for the Latin versus (e.g., Cameroonv. Nigeria). When a dispute is submitted to the Court on the basis of a special agreement between two States, the names of the parties are separated by an oblique stroke (e.g., Indonesia/Malaysia).

The first case entered in the General List of the Court (Corfu Channel (United Kingdom v. Albania)) was submitted on 22 May 1947.

From 22 May 1947 to 14 January 2011, 150 cases were entered in the General List. 

*FOR MORE INFORMATION PLEASE VISIT ICJ'S WEBSITE:
http://www.icj-cij.org/

Do We Have a New Criminal Procedure Code?

".....Due to extensive amendments made to the Criminal Procedure Code, the Bar Council Criminal Law Committee is carrying out roadshow in four states; Selangor, Negeri Sembilan, Pahang and Johore, to explain the amendments to criminal law practitioners around the country."

Pindaan perlu perkenan sultan???

What an open verdict means???

OPENING AIKOL FOOTBALL CHAMPIONSHIP (AFC'11)

Date: 10th January 2011

Venue: Moot Court,Aikol

* the games will be played at Mahallah Ali field.Only the final match and closing ceremony will be held at IIUM Stadium.
~some of the pictures. Enjoy.

~AFC 2011~

now begin....



~our VIP, Dr Haniff with bro. Izzat and AFC's mainboard.

  

~multimedia presentation.

*we hope that all players will take a good care of  their health due to raining season. play but don't forget about your study (especially those who have tutorial, don't 'tuang' your tutorial as well as solat,as what

Dr. Haniff said in his speech). play with gaming spirit but not just for victory alone. take this opportunity to strengthen our brotherhood. Ukuwaah fillah.

Commentary: land belongs to public.

Recently,  I stumbled upon an article wrote by Bavani M and Priya Menon in the Star and the headline  somehow catches my eye to scheme through the article ( not that intresting though but still eager to read). 

The article highlighted a dispute about a land which was alleged to be of public used but had been taken over by a developer to build a private property.and the next thing  that came across my mind is a big question mark. How can a public land possibly turns into a private property without prior approval by the said authority?? ( I am still new to land law by the way)

It was reported that the land was highly guarded by security personnel and dogs. Initially, it was a private land but was supposed to be handed over to the government. If it is true that the land belongs righfully to the government, then the authority should take serious action against the default party so as to curb wrongful encroachment of the land. They are reaping off profits and fruits from the land while others are biting their nails as consequence of the acts. While others might say : who cares aniway? it just a land for god sake. But to those developers, land is money. Without land, we cannot make money.

Federal Territories and Urban Wellbeing Minister Datuk Raja Nong Chik Raja Zainal Abidin said action would be taken against the developer whose properties had encroached into government land. To date, there are  five bungalows for the developer’s family as well as several VIPs.

Memorandums were passed by the residents, various complaints have been made, yet no serious action was taken. The solution?  

 

 

The more you say, the less people remember- François Fénelon

                                                                                                                                          NHR signing off~


Source : http://www.starproperty.my/PropertyScene/TheStarOnlineHighlightBox/9387/0/0

Legislations Update

Salam alaik. Hope that our fellow readers is in the best of health and iman. Below is the latest Malaysian Acts to date for your kind reference. For further details or full text of the Acts, simply log on to www.cljlaw.com.


                                                                           Principal Acts

Number	Title	Date coming into force
ACT 712	Competition Act 2010	1 January 2012 [PU(B) 410/2010]

ACT 714

Suruhanjaya Pengangkutan Awam Darat Act 2010

3 June 2010 [PU(B) 262/2010]

                                                                           Amending Acts

Number

Title

Date coming into force

ACT A1383

Judicial Appointments Commission (Amendment) Act 2010

1 November 2010 [PU(B) 478/2010]

ACT A1385

Anti-Trafficking In Persons (Amendment) Act 2010

15 November 2010 [PU(B) 500/2010]

                                                                                   PU(A)

Number	Title	Principal Act No	Date coming into force
PU(A) 398/2010	Entertainments Duty (Exemption) (No 15) Order 2010	ACT 103	2 December 2010
PU(A) 399/2010	Entertainments Duty (Exemption) (No 16) Order 2010	ACT 103	2 December 2010
PU(A) 400/2010	Customs (Values) (Crude Petroleum Oil) (No 24) Order 2010	ACT 235	2 December 2010
PU(A) 402/2010	Anti-Money Laundering And Anti-Terrorism Financing (Amendment Of First Schedule) Order 2010	ACT 613	6 December 2010
PU(A) 403/2010	Anti-Money Laundering And Anti-Terrorism Financing (Invocation Of Part Iv) Order 2010	ACT 613	6 December 2010

^^

PU(B)

Number	Title	Principal Act No	Date coming into force
PU(B) 506/2010	Reservation Of Land For Public Purpose - Federal Territory Of Kuala Lumpur: Mukim - Setapak	ACT 56/1965	18 November 2010
PU(B) 507/2010	Reservation Of Land For Public Purpose - Federal Territory Of Kuala Lumpur: Town - Kuala Lumpur	ACT 56/1965	18 November 2010
PU(B) 508/2010	Copyright Act 1987 - Corrigendum	ACT 332	18 November 2010
PU(B) 509/2010	Commercial Vehicles Licensing Board Act 1987 - Corrigendum	ACT 334	18 November 2010
PU(B) 510/2010	First Supplementary Scheme To The Scheme For The Operation, Promotion And Management Of The Four Digit Game (4d) For Sandakan Turf Club 2010	ACT 384	22 November 2010

 Source: www.cljlaw.com

Case of the week: Razali Samani v. PP

RAZALI SAMANI v. PP
COURT OF APPEAL, PUTRAJAYA
SURIYADI HALIM OMAR JCA, HASAN LAH JCA, AHMAD MAAROP JCA
[CRIMINAL APPEAL NO: J-05-110-2007]
29 SEPTEMBER 2010

CRIMINAL LAW: Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in dangerous drugs - 888.56 grams of cannabis - Appeal by accused against conviction and sentence - Defence of accused - Whether raised a reasonable doubt on prosecution's case - Credibility of police witnesses - Statutory presumption of trafficking under s. 37(da) - Whether rebutted by accused - Whether trial judge appreciated defence case properly - Whether conviction warranted

CRIMINAL PROCEDURE: Defence - Explanation by accused - Trafficking in cannabis, appeal against conviction and sentence - Existence of another person who brought cannabis into accused's car - Credibility of police witnesses - Whether accused's defence failed to raise any reasonable doubt that accused in possession of cannabis found in his car - Whether trial judge appreciated defence case properly - Dangerous Drugs Act 1952, ss. 37(da), 39B(1)(a)

 

EVIDENCE: Witness - Police as - Credibility of police witnesses - Whether trial judge correct in accepting their evidence

--------------------------------------------------------------------------------------------------------------------------------------This This was the Appellant's appeal against the decision of the High Court convicting him under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ('Act') of trafficking in 888.56 grams of cannabis which amounts to a death penalty.

The Appelant was ambushed by the police at Kempas Toll Plaza where he was found  in possession of cannabis in his car.  In his defence, the Appellant argued that the cannabis does not belong to him . It was another person ('Mohd Izuan') who had brought the cannabis into the car. It was further contended that Mohd Izuan got out of the car to go to the toilet when the Appellant parked his car at the Kempas Toll Plaza. 

The trial judge, however, was of the view that the Appelant has failed to raise a reasonable doubt on the prosecution's case. As such, his appeal was dismissed and the decision of the trial judge was upheld.   

For further details of the abovementioned case, kindly visit http://www.cljlaw.com/ . Happy reading !

A bogus constitutional crisis

A bogus constitutional crisis

SRC'S ONLINE SURVEY: Regarding the new Academic Calendar Session 2011/2012 which the Semester 1 2011/2012 will be started on September 2011..

ASSALAMUALAIKUM W.B.T. we refer to IIUM's Students' Representative Council (SRC) facebook:- 
(we encourage all Aikolian to take part in this survey, this's is the proper way to voice out you opinion regarding this matter,tq )

Src Iium January 4 at 10:29pm Reply • Report

Assalamualaikum wbt..


Students' Representative Council IIUM 2009/2010 is now conducting an online survey regarding the new Academic Calendar Session 2011/2012 which the Semester 1 2011/2012 will be started on September 2011.


The objective of this survey is to gather opinions from students related to this issue. Students are encouraged to give their arguments,whether they agree or disagree with this new implementation Academic Calendar Session 2011/2012.


These testimonies can be used as supporting documents to be brought into discussions with the representative from Jabatan Pengajian Tinggi on this Friday, 7th January 2011.


You may voice out your opinion pertaining this issue through this link:


https://spreadsheets.google.com/viewform?formkey=dHhmbUJHbVAzdm45RHNOTVhJbTlhZXc6MQ


Your prompt responds are highly appreciated. Thank you.