Business Law

Introduction

Most of the businesses are subjected to different types of local and state laws in context of insurance, employment, property and other matters. These laws are implemented in the business so that the stakeholders can be of the rules and regulations of the business. This study will be discussed various legal system of business in context of Malaysia. It has been found that different laws based on the business of Malaysia can be criminal law, customary law and civil law. The essay focuses on explaining different laws related to business along with comparing to each other. Moreover, the functions of state constitution of Malaysia are also discussed in this discourse.

1. Comparison of the criminal and civil laws implemented in Malaysia

Civil law is one of the dominant legal systems among the business of Malaysia. It has been found that civil law was originated from Roman law and this law sets a bunch of rules that are obeyed and applied by the judiciary system of Malaysian court[1]. According to the civil law, a person is given compensation in the form of award for getting recovered in the disaster. This law is made under the Act of Civil law 1956. This act is made by mixing two different laws that are equity law and common law. However, civil law is made of various legal functions along with different characteristics. In Malaysia, Civil Aviation Act, 1969 was executed in order to dominate all the operation and features of aerodynamics[2]. Another act named Societies Act 1966 was added in the Civil law in context of cancelling suspension and power of register. Civil law can proved to be beneficial in the organization when there will be any dispute among the employees[3]. In a case study of civil law, it has been seen that the civil cases are solved with these laws at the time of considering the penalties in comparison of the criminal laws of Malaysia in context of charges of financial amount.

On the contrary, criminal law is also considered as a significant part of the legal system of Malaysia. According to a case study of criminal law, ‘Crime is an Act’ it has been found that the person found doing crime in the organization is punished by the penal code that is implemented in the organization. Moreover, this law punishes the intentional as well as non-intentional felonies. As per the aspects of criminal law, damnation is given under the laws at the time of commission. Criminal codes are comprised of penal and repeal codes. In addition to this, the acts that are implemented under the criminal laws are Act of Laws of Malaysia, 1966[4] and Act of Computer Crimes, 1997[5].

This section has shown a judgmental comparison among the civil and criminal laws of Malaysia in regards to different legal features. As per Civil laws are known, it is found to tackle the faults and limitations of the business organization. Moreover, this law helps in providing awards to the employees in a legal manner. On the other hand, criminal law is found to deal with the convicts and criminal activities that take place in the organization. This law helps to give appropriate punishment to the criminals for doing criminal offence in business of Malaysia. Therefore, the main objective of both the laws is clearly spotted. The objective of Criminal law is to analyze the specific punishment to the identified convicts. On the contrary, Civil law helps to maintain a suitable atmosphere in the business by controlling the functionality of the business and settle the disputes among the employees.

As per the case study of R v JTB [2009], under section 34 it is found that criminal law is applicable for a child more than 10 years. The child is capable of indulging a crime and criminal offence[6].

Another case study of Public Prosecutor v Haji Idris [1997], civil law include another law related to discrimination. This case displays that all the mixture of equality, discrimination and civil law[7].

2. Explanation of the state constitution in the legal system of Malaysia

Basically Malaysia has been found to practice a mixed rules and legal system. Written laws are found to be the most vital sources of law. It is generally referred to the laws that contain state constitutions and federal constitution. In context of Malaysian system, legal system of Europe provides support in order to influence the legal system of Malaysia. This happens due to the tenure of British communities in ancient times. Moreover, the legal system can be divided in two parts that are written and unwritten laws.

Written laws are found to include the state constitution, federal constitution, subsidiary constitution and legislation. The main portion of the sources that are found state constitution in order to obtain various groups will provide help in managing the state government. The federation constitution includes different articles that considers about religion and many other aspects. As per the global data, more than 140 state constitutions are has taken part in the legal system. Among these state constitutions, Malaysia is one of them[8].

On the other hand, unwritten law is a small portion of Malaysian legal system that is not found to be controlled by the parliament. Furthermore, this division of law depends upon the cases of the courts and other local customs. Unwritten law usually made of English laws, custom laws and decision of judicial. English law is one of the parts of Malaysian business law that is further divided into Law of English Commercial and Law of English Land. State council has been found to be comprised with legislature, subjects, state employees, executive councils and many more. Judicial decision is taken by the judges after evaluating the entire case[9]. They follow various principles and rules of the business laws. The customs laws are the one that provides every people of the country the right to apply for employment in all the organizations of Malaysia.

The legislatures of state and parliament are found to be not supreme and therefore they present the subjects of laws in order to set the state and federal constitution. Parliament is the only one that enacts laws; however, the state has the right to make law after evaluating the business laws of Malaysia[10]. The legislation of delegated is legislated by the person or a group except parliament. The legislation that is made by the delegated legislation needs to be as per the purposes of the act. It has been found that the specific local authority can make law based on the local needs of the society in Malaysia. This is because a local body will better understand the needs of the society rather than the parliament.

Conclusion

From the entire study, it is point out that all the business laws of Malaysia that has been discussed in this essay are very important to know for the businesspersons for enhancing the scenario and environment of the business. This study has illustrated the comparison between the criminal laws and civil laws along with different characteristics of each of them. In addition to this, this study has explained the type of state constitution of Malaysia that will help the learner to understand the legal system of Malaysia in a better way. In conclusion, it can be said that all the case examples of business laws that are shown in the essay will help to know more about these laws. Furthermore, the significance of state constitution has been analyzed by giving detail roles of different legal system of Malaysia.

References

balohpedia.com 2018 civil-law-act-1956 available at: http://www.balohpedia.com/2016/12/civil-law-act-1956.html [Accessed 3 Dec. 2017].

Barau, A.S. and Said, I., 2016. From goodwill to good deals: FELDA land resettlement scheme and the ascendancy of the landless poor in Malaysia. Land Use Policy.

Datuk Haji Harun bin Haji Idris v Public Prosecutor [1977] 2 MLJ 155

Dca.gov.my.2018. civil-aviation-act-1969 Available at: http://www.dca.gov.my/wp-content/uploads/2015/02/civil-aviation-act-1969.pdf <Accessed 7 Nov. 2017>.

Foongchengleong.com.2018. Computer Crimes Act 1997 | Foong Cheng Leong. Available at: http://foongchengleong.com/tag/computer-crimes-act-1997/ <Accessed 15 Nov. 2017>.

Itam, M.I., bt Hasan, R. and Alhabshi, S.M., 2016. Shariah Governance Framework For Islamic Co-Operatives As An Integral Social Insitution In Malaysia. Intellectual Discourse.

Judgments - R v JTB (Appellant) (on appeal from the Court of Appeal (Criminal Division)) < https://publications.parliament.uk/pa/ld200809/ldjudgmt/jd090429/jtb-1.html

Lasimbang, H.B., Tong, W.T. and Low, W.Y., 2016. Migrant workers in Sabah, East Malaysia: The importance of legislation and policy to uphold equity on sexual and reproductive health and rights. Best Practice & Research Clinical Obstetrics & Gynaecology.

litigation.findlaw.com 2018 civil-cases-vs-criminal-cases available at: http://litigation.findlaw.com/filing-a-lawsuit/civil-cases-vs-criminal-cases-key-differences.html <Accessed at 27 Nov. 2017>.

Mdi.gov.my.2018 societies-act-1966 available at: http://www.mdi.gov.my/index.php/about-us/resources/laws/232-act-335-societies-act-1966 <Accessed 10 Nov. 2017>.

Olayemi, A.A.M., Ibrahim, U., Hasan, A., Yasin, M.H., Mahamood, S.M. and Buang, A.H., 2016. The Quest for Effective Regulation of Islamic Money Market: An Appraisal of the Applicable Laws in Malaysia. Journal of Islamic Legal Studies| ISSN-2519-1535.

[1] Barau, A.S. and Said, I., 2016. From goodwill to good deals: FELDA land resettlement scheme and the ascendancy of the landless poor in Malaysia. Land Use Policy, 54, pp.423-431.

[2] Dca.gov.my.2018. civil-aviation-act-1969 Available at: http://www.dca.gov.my/wp-content/uploads/2015/02/civil-aviation-act-1969.pdf [Accessed 7 Nov. 2017].

[3] Mdi.gov.my.2018 societies-act-1966 available at: http://www.mdi.gov.my/index.php/about-us/resources/laws/232-act-335-societies-act-1966 [Accessed 10 Nov. 2017].

[4] balohpedia.com 2018 civil-law-act-1956 available at: http://www.balohpedia.com/2016/12/civil-law-act-1956.html [Accessed 3 Dec. 2017].

[5] Foongchengleong.com.2018. Computer Crimes Act 1997 | Foong Cheng Leong. Available at: http://foongchengleong.com/tag/computer-crimes-act-1997/ [Accessed 15 Nov. 2017].

[6] Judgments - R v JTB (Appellant)

[7][7] Datuk Haji Harun bin Haji Idris v Public Prosecutor [1977] 2 MLJ 155

[8] Olayemi, A.A.M., Ibrahim, U., Hasan, A., Yasin, M.H., Mahamood, S.M. and Buang, A.H., 2016. The Quest for Effective Regulation of Islamic Money Market: An Appraisal of the Applicable Laws in Malaysia. Journal of Islamic Legal Studies| ISSN-2519-1535, 2(01), pp.55-72.

[9] Lasimbang, H.B., Tong, W.T. and Low, W.Y., 2016. Migrant workers in Sabah, East Malaysia: The importance of legislation and policy to uphold equity on sexual and reproductive health and rights. Best Practice & Research Clinical Obstetrics & Gynaecology, 32, pp.113-123

[10] Itam, M.I., bt Hasan, R. and Alhabshi, S.M., 2016. Shariah Governance Framework For Islamic Co-Operatives As An Integral Social Insitution In Malaysia. Intellectual Discourse, 24, p.477.