Asian Journal of Law and Policy

Safeguarding Consumers Privacy in Malaysia's Digital Economy Landscape

Jing Xie Lim, Farah Adibah Zulkifli — Tue, 31 Mar 2026 00:00:00 +0800

This study aims to explore the extent of application of the Personal Data Protection Act 2010 (PDPA) in Malaysia with regard to protecting privacy and avoiding the misuse of personal data when it comes to consumers buying from businesses operating through online platforms. It intends to determine the challenges faced by e-commerce platforms in ensuring the protection of private data from cyber-attacks and cyber troops and the issue of regulating cross-border data flows. This study also compares the PDPA with the European Union’s General Data Protection Regulation (GDPR) and Australia’s Privacy Act 1988 to identify improvements to the PDPA to make it more comprehensive and cater to the e-commerce industry. The study reveals that the PDPA provides protection for consumers buying from online platform businesses. However, there is a need for proactive cybersecurity measures by the online platforms operators to ensure the private data of the consumers are protected from cyber-attacks. Cross-border data flow is also a concern due to the lack of rules between nations on the mechanism to regulate data across borders. The EU’s GDPR is a possible solution, which also strengthens data protection and business opportunities in the digital market which is lacking in the PDPA. It would also be beneficial for Malaysia to look into Australia’s Privacy Act 1988 as a benchmark for how non-EU state legislation adapts to the GDPR. These reforms ensure alignment with the SDG goals.

Redefining Customary Law: Insights from Common Law System

Izmi Izdiharuddin B Che Jamaludin Mahmud — Tue, 31 Mar 2026 00:00:00 +0800

In Malaysia, the custom is recognised as a source of law, whether in written or unwritten laws. Regarding unwritten law, Article 160 (2) of the Federal Constitution of Malaysia provides that customs are enforceable as long as they possess the force of law. However, there remains uncertainty regarding the extent to which the Federal Constitution recognises specific customs as law. Consequently, it is the responsibility of Malaysian courts to fill these gaps and determine whether a particular custom meets the requisite threshold to be acknowledged as customary law. To date, Malaysian courts have not established definitive criteria for determining this. Thus, this article seeks to address that gap by critically examining the criteria developed through judicial experience within the broader common law system for legitimising customs as valid sources of law and by comparing these criteria with the Malaysian legal framework. Ultimately, this study aims to contribute to a more transparent and coherent legal framework that better integrates customary law into Malaysian jurisprudence.

Freedom of Religion and Due Process in Nepal

Mohan Giri, Daniel Gordon Pole, Ponco Saloko, Durgeswori Shah, Eapen Thomas — Tue, 31 Mar 2026 00:00:00 +0800

What happens when a Constitution, which is intended to guarantee religious freedoms, and a Penal Code, which should manage and protect those freedoms, are in conflict? Courts have a responsibility to see that any disharmony does not give unfair advantage to either the state or its citizens. The authors discuss whether such a situation persists in Nepal. Although all religions are constitutionally protected in Nepal, this conflict is seen in a series of “rubber clauses” in its Penal Code, and it has opened the door to ill-founded police investigations and biased prosecutions of religious minorities. This has led to extended pre-trial detentions and unnecessary trials, resulting in penal sanctions against exercising freedom of conscience, speech, and religion, all of which are protected by the Constitution of Nepal and its international commitments. The authors propose simple solutions to potentially dangerous problems.

Legal and Institutional Frameworks Governing Invasive Plant Species and Biodiversity in Bangladesh

Mohammed Jahangir Alam — Tue, 31 Mar 2026 00:00:00 +0800

In Bangladesh, invasive plant species (IPS) are the greatest danger to biodiversity loss. Since British colonialism, hundreds of non-native plant species have naturalised in Bangladesh’s landscapes. These trends are likely to be perpetuated through economic globalisation. The Global Register of Invasive and Alien Species (GRIIS) develops a confirmed list of Bangladeshi IPS. Bangladesh is committed to achieving the Aichi Convention’s target to identifying major IPS and their passageways, administering or eliminating priority species, and managing passageways to halt their naturalisation. However, existing piecemeal and fragmented soft-law and hard-law instruments relevant to environment, forestry, quarantine and biodiversity are not well enough to protect biodiversity. In this regard, the country needs to develop its own comprehensive community-centred IPS governance legislative frameworks to safeguard biodiversity. This systematic review outlines and evaluates existing soft and hard law instruments and identifies their fundamental shortcomings. To achieve these aims, qualitative research methods is adopted with comprehensive analysis and evaluation of national soft and hard law instruments. However, the lack of comprehensive articulation and implementation challenges of both hard-law and soft-law instruments, reveal the inadequacy of national legislative and institutional frameworks. Therefore, it is recommended that there be community-based adaptive IPS legislative frameworks for sustained biodiversity conservation.

Walking into Danger: The Urgent Need for a Malaysian Occupiers’ Liability Act

Sugantha Darshini a/p Murugan, Siti Farahiyah Ab Rahim — Tue, 31 Mar 2026 00:00:00 +0800

Public premises are integral to everyday life, yet they often pose hidden dangers due to poor maintenance and unclear legal responsibilities. In Malaysia, the absence of a specific legislative framework governing occupiers’ liability has led to legal uncertainty and inconsistent application of duties by those in control of public spaces. This paper critically examines the concept of occupiers’ liability, focusing on the duty of care owed by occupiers including owners, managers, and those exercising control over premises to lawful visitors. It highlights the importance of awareness and legal clarity in ensuring public safety, particularly in light of several recent incidents involving injuries caused by hazardous premises conditions. The study adopts a qualitative, library-based research methodology, supported by a comparative legal analysis of the Occupiers’ Liability Acts in the United Kingdom and Australia. These jurisdictions provide clear legislative models that Malaysia can learn from. The findings suggest that the current reliance on common law is inadequate to protect the public or guide occupiers effectively. Based on the findings, this paper firmly advocates for the urgent introduction of a specific Occupiers’ Liability Act in Malaysia to establish clear legal duties, enhance occupier accountability, and better safeguard public safety in commonly accessed premises.

The Growing Crisis of Child Labour in Bangladesh: A Focus on the Vehicle Sector and Legal Frameworks

Md Ahsun Habib, Sumaiya Akter Sumi — Tue, 31 Mar 2026 00:00:00 +0800

The primary objective of this paper is to analyse the underlying reasons for the increase in child labour within the local vehicle sector, particularly in Leguna, and to identify potential strategies for its prevention. Child labour represents a critical issue that demands urgent attention and action. This study highlights the growth of child labour in a developing nation such as Bangladesh and examines its multifaceted impact on society, including both its advantageous and adverse effects. The rise in child labour can be attributed to factors such as poverty, the COVID-19 pandemic, and various other obstacles. This research reveals that the earnings of child workers in Bangladesh’s transportation industry are significantly lower than those of adult workers, and nearly all children are employed informally. Herein, a policy change that involves equal collaboration between the government and NGOs, providing alternative income opportunities and awareness programs, would be ideal. This gap has been left open regarding the practical enforcement aspects of child laws in Bangladesh. It is recommended that administrative systems be held accountable for protecting rights and aligning judicial interpretation with modern times.

Governance of the Law on Online Public Fundraising in Malaysia: An Analysis of the House-to-House and Street Collections Act 1947

Jamilah Jamil, Mohd Zamre Mohd Zahir, Nur Khalidah Dahlan — Wed, 01 Apr 2026 00:00:00 +0800

The advent of digital platforms has transformed the way funds are raised for charitable, humanitarian, and personal causes. In Malaysia, online public fundraising has become increasingly common, yet it remains largely unregulated by specific legislation. This article critically examines the governance framework for such activities, focusing on the House-to-House and Street Collections Act of 1947 (Act 200) and the need for legal reform. This study does not examine the technical features of online payment systems or platform design, nor the economic debates on crowdfunding. This study adopts a doctrinal legal analysis centered on the legislation and regulatory requirements. The article observes that the law, having been introduced during the colonial period to govern charitable collections in public areas, has limited applicability to the current context of digital fundraising, rendering its relevance to online platforms both narrow and unclear. This article argues that the legal vacuum presents serious challenges in terms of transparency, accountability, and the potential for misuse of public trust. The findings conclude that the Act 200 is not suited to the digital environment and fails to address the complexities of online fundraising. This study offers comparative insights and policy recommendations to strengthen Malaysia’s governance in this evolving landscape.

Decarbonization of Shipping: International Maritime Organization’s Uncertain Pathway Towards Carbon Neutrality

Saiyeed Jakaria Baksh Imran, C.A.M. Al Wahi — Tue, 31 Mar 2026 00:00:00 +0800

The International Maritime Organization (IMO) finally has aligned its decarbonization target with the Paris agreement target of net-zero emissions by 2050 through adoption of the 2023 IMO GHG strategy revoking its previous 2018 GHG strategy. The IMO has been working towards decarbonization of shipping for nearly two decades now through implementing policies but unable to control the GHG emissions from shipping as global trade among countries has increased drastically. There is still a gap in fully understanding how carbon emissions are being reduced in international shipping, especially when it comes to the policies and actions in place making it harder to create solid, informed policies. Thus, the latest policy is being applauded by policymakers and business communities and simultaneously facing criticism from other stakeholders on being ambitious but unrealistic. Through a qualitative analysis approach, this study reveals why the IMO’s ambitious policy goals are considered unrealistic. The results show that, the IMO, despite setting an ambitious target of net-zero emissions by 2050, due to issues like- technological barriers, high costs, limited market-based support and implication on regulatory enforcement, is still falling behind on its GHG emission reduction pathway. This paper also suggests some realistic solutions which could help immediate cut down of GHG emissions from shipping and attain the IMO’s net-zero emission reduction target by 2050 and in the process attain 20% to 30% GHG near emission reduction target by 2030.

Deepening Trade Facilitation in ASEAN External Agreements: From ASEAN+1 FTAs to CEPs

Bui Thi Ngoc Lan — Tue, 31 Mar 2026 00:00:00 +0800

Trade facilitation is a key driver of economic integration within ASEAN and its external trade agreements. However, the depth, binding level, and legal enforceability of trade facilitation commitments in some Free Trade Agreements (FTAs) and Comprehensive Economic Partnership Agreements (CEPs) with external partners are uneven. This study examines the evolution of trade facilitation provisions in several ASEAN+1 FTAs and CEPs, including ACFTA, AKFTA, AJCEP, AIFTA, AANZFTA, AHKFTA, and the Regional Comprehensive Economic Partnership (RCEP). The paper employs a doctrinal and comparative legal analysis of treaty texts, supported by Baldwin’s theory of 21st-century regionalism and the concept of incremental legal institutionalism under the ASEAN Way as analytical frameworks. The paper argues that the design of ASEAN’s external trade facilitation in ASEAN+1 FTAs and CEPs with partners reflects a gradual shift from traditional regionalism to supply chain-oriented integration. While earlier ASEAN+1 FTAs contained fragmented, cooperation-oriented provisions, later agreements introduced more consolidated and operational disciplines. Findings indicate that this evolution of trade facilitation demonstrates a pattern of transitional deep integration, following the ASEAN Way with best-endeavours language, flexible commitments, and selective dispute settlement. The study concludes that future agreements should consolidate dispersed provisions into operational disciplines and strengthen implementation mechanisms to enhance enforceability.

Front Matter

Dennis W K Khong — Tue, 31 Mar 2026 00:00:00 +0800