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Report
Legal Affairs Division to look into outdated laws, says Azalina
The Star
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2/25/2025
The Legal Affairs Division of the Prime Minister’s Department will reassess outdated commercial and criminal laws, said its minister Datuk Seri Azalina Othman Said in the Dewan Rakyat on Tuesday (Feb 25).
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00:00
If we look at the laws that we are facing,
00:05
many of our laws are inherited from the British Empire,
00:08
because we know that it is a system of colonial government,
00:11
the British Empire,
00:12
where the countries that they colonized with permission,
00:16
many laws came from their stomachs.
00:19
And we can't run away from the reality
00:21
where laws such as contract laws,
00:23
our criminal laws,
00:24
which act as judges,
00:27
we know that they came from many Indian countries,
00:30
who became the perpetrators of the laws that exist in our country.
00:34
And if we look at this,
00:37
as an example,
00:38
the law that was mentioned this year, 2025,
00:41
the part of the law will focus on commercial and criminal laws.
00:47
That's the law.
00:48
One of the powers that I mentioned in the study of the Contract Act 1950,
00:52
Act 136,
00:54
a power was established on January 14, 2025,
00:59
which we see,
01:01
it is expected that the study can be done in 18 months.
01:04
And if we look at it,
01:06
it is led by several judges,
01:09
the Supreme Court,
01:10
and it is shared by Yang Arif, Dato' Vazir, Alam Aidin,
01:13
together with 20 senior officials with experience.
01:16
And we hope that in the powers that look at this element of the contract,
01:20
it will look at all aspects,
01:23
that we can see,
01:24
can see the effects of corruption,
01:27
to the laws that existed in the past.
01:29
This move is important to be seen as a move that I am informed of here,
01:35
in terms of records.
01:36
The last move to the Contract Act took place in 1976,
01:40
Madam Chairwoman.
01:41
And if we look,
01:43
most of the contents of our Contract Act,
01:47
we cannot run away from the fact that the old terms,
01:50
are based on the principles of laws that are no longer relevant,
01:53
with the needs of the modern era.
01:55
As a result, a lot of provisions under this Act 3.6,
01:58
today are unable to deal with complex issues,
02:02
in transactions,
02:03
especially digital transactions and trade agreements.
02:07
This is a very important challenge.
02:09
Because today, if we look at it,
02:11
in our media,
02:12
there are a lot of documents,
02:13
even banks,
02:14
all the documents are digital.
02:15
And then we also see,
02:16
the signature is also digital.
02:18
And this is what they sometimes see,
02:20
in terms of the burden of proof in contract cases,
02:23
for example,
02:24
it will be a challenge,
02:25
if this move and this study is not carried out.
02:28
Therefore, this authority is very important,
02:30
to study the development of the Contract Act,
02:33
and re-evaluate the challenges and weaknesses in Article 1.3.6,
02:37
to study the important decisions,
02:40
and we also see the decisions of court cases,
02:43
so far,
02:44
so that,
02:45
sometimes, our courts also give their opinion,
02:48
where it is necessary,
02:50
to renew,
02:51
complete report,
02:52
move,
02:53
the study can be done.
02:54
That is the Contract Act.
02:55
Now, I want to enter the Criminal Laws.
02:58
The Criminal Laws,
02:59
Madam Chairwoman,
03:00
are even more severe.
03:01
And if we look at it,
03:03
the provisions in the Criminal Procedure Act,
03:07
the Statute of Claims.
03:08
Our Statute of Claims,
03:09
in 1950.
03:11
So, this is also a lot of questions,
03:13
raised,
03:14
from various things,
03:16
such as,
03:17
I gave a total of 511 sections,
03:21
under the Criminal Procedure Act,
03:23
167 sections in the Statute of Claims,
03:26
and 444 sections in the Criminal Procedure Act,
03:31
which we need to re-study,
03:33
to see whether it is clear or not.
03:36
Then, some are seen,
03:39
maybe still relevant,
03:41
and with the advancement of technology,
03:43
and the development of the digital world,
03:45
these criminal elements are more sophisticated,
03:48
which causes the proof process,
03:51
that is also a proof process,
03:53
which requires sophistication.
03:56
That is why,
03:57
these provisions that are rejected,
03:59
that will be rejected,
04:00
need to be in easy language,
04:02
and can be understood by the people.
04:04
And on the other hand,
04:05
if we look at these provisions,
04:08
that we want to move,
04:09
then we,
04:10
these provisions,
04:11
can reinforce and strengthen,
04:13
the criminal justice system in our country.
04:16
That is why,
04:17
Madam Speaker,
04:18
on the part of the law,
04:20
this is one of the commitments,
04:22
and achievements,
04:23
that are being carried out,
04:25
as part of the reform agenda,
04:28
of the Madani government,
04:30
so that all the people are not left behind,
04:32
when it comes to the justice process,
04:35
whether it is through the civil system,
04:37
or the criminal system,
04:38
Jinaya.
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