Legal Affairs Division to look into outdated laws, says Azalina

The Star

The Legal Affairs Division of the Prime Minister’s Department will reassess outdated commercial and criminal laws, said its minister Datuk Seri Azalina Othman Said in the Dewan Rakyat on Tuesday (Feb 25).  Read more at https://tinyurl.com/4ns9z83y   WATCH MORE: https://thestartv.com/c/news SUBSCRIBE: https://cutt.ly/TheStar LIKE: https://fb.com/TheStarOnline

Transcript

00:00If we look at the laws that we are facing,

00:05many of our laws are inherited from the British Empire,

00:08because we know that it is a system of colonial government,

00:11the British Empire,

00:12where the countries that they colonized with permission,

00:16many laws came from their stomachs.

00:19And we can't run away from the reality

00:21where laws such as contract laws,

00:23our criminal laws,

00:24which act as judges,

00:27we know that they came from many Indian countries,

00:30who became the perpetrators of the laws that exist in our country.

00:34And if we look at this,

00:37as an example,

00:38the law that was mentioned this year, 2025,

00:41the part of the law will focus on commercial and criminal laws.

00:47That's the law.

00:48One of the powers that I mentioned in the study of the Contract Act 1950,

00:52Act 136,

00:54a power was established on January 14, 2025,

00:59which we see,

01:01it is expected that the study can be done in 18 months.

01:04And if we look at it,

01:06it is led by several judges,

01:09the Supreme Court,

01:10and it is shared by Yang Arif, Dato' Vazir, Alam Aidin,

01:13together with 20 senior officials with experience.

01:16And we hope that in the powers that look at this element of the contract,

01:20it will look at all aspects,

01:23that we can see,

01:24can see the effects of corruption,

01:27to the laws that existed in the past.

01:29This move is important to be seen as a move that I am informed of here,

01:35in terms of records.

01:36The last move to the Contract Act took place in 1976,

01:40Madam Chairwoman.

01:41And if we look,

01:43most of the contents of our Contract Act,

01:47we cannot run away from the fact that the old terms,

01:50are based on the principles of laws that are no longer relevant,

01:53with the needs of the modern era.

01:55As a result, a lot of provisions under this Act 3.6,

01:58today are unable to deal with complex issues,

02:02in transactions,

02:03especially digital transactions and trade agreements.

02:07This is a very important challenge.

02:09Because today, if we look at it,

02:11in our media,

02:12there are a lot of documents,

02:13even banks,

02:14all the documents are digital.

02:15And then we also see,

02:16the signature is also digital.

02:18And this is what they sometimes see,

02:20in terms of the burden of proof in contract cases,

02:23for example,

02:24it will be a challenge,

02:25if this move and this study is not carried out.

02:28Therefore, this authority is very important,

02:30to study the development of the Contract Act,

02:33and re-evaluate the challenges and weaknesses in Article 1.3.6,

02:37to study the important decisions,

02:40and we also see the decisions of court cases,

02:43so far,

02:44so that,

02:45sometimes, our courts also give their opinion,

02:48where it is necessary,

02:50to renew,

02:51complete report,

02:52move,

02:53the study can be done.

02:54That is the Contract Act.

02:55Now, I want to enter the Criminal Laws.

02:58The Criminal Laws,

02:59Madam Chairwoman,

03:00are even more severe.

03:01And if we look at it,

03:03the provisions in the Criminal Procedure Act,

03:07the Statute of Claims.

03:08Our Statute of Claims,

03:09in 1950.

03:11So, this is also a lot of questions,

03:13raised,

03:14from various things,

03:16such as,

03:17I gave a total of 511 sections,

03:21under the Criminal Procedure Act,

03:23167 sections in the Statute of Claims,

03:26and 444 sections in the Criminal Procedure Act,

03:31which we need to re-study,

03:33to see whether it is clear or not.

03:36Then, some are seen,

03:39maybe still relevant,

03:41and with the advancement of technology,

03:43and the development of the digital world,

03:45these criminal elements are more sophisticated,

03:48which causes the proof process,

03:51that is also a proof process,

03:53which requires sophistication.

03:56That is why,

03:57these provisions that are rejected,

03:59that will be rejected,

04:00need to be in easy language,

04:02and can be understood by the people.

04:04And on the other hand,

04:05if we look at these provisions,

04:08that we want to move,

04:09then we,

04:10these provisions,

04:11can reinforce and strengthen,

04:13the criminal justice system in our country.

04:16That is why,

04:17Madam Speaker,

04:18on the part of the law,

04:20this is one of the commitments,

04:22and achievements,

04:23that are being carried out,

04:25as part of the reform agenda,

04:28of the Madani government,

04:30so that all the people are not left behind,

04:32when it comes to the justice process,

04:35whether it is through the civil system,

04:37or the criminal system,

04:38Jinaya.

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