DINA SUPAAT - Academia.edu (original) (raw)
Papers by DINA SUPAAT
The Indonesian Journal of International Clinical Legal Education, Dec 17, 2019
Clinical Legal Education (CLE) is based on the idea that lawpractice requires thinking and doing.... more Clinical Legal Education (CLE) is based on the idea that lawpractice requires thinking and doing. It is founded on thenotion of learning by doing in which law students gainlawyering skills by performing lawyering tasks andresponsibilities. This method gives students the opportunity towork on actual and simulated cases and solve legal problemssystematically. This paper discusses the implementation andapplication of CLE at the Faculty of Syariah And Law, UniversitiSains Islam Malaysia with emphasis on Problem-basedlearning, specifically relating to its process, model of PBLactivities, targeted skills, student assessment and studentfeedback. Discussion also covers benefit and challenges ofapplying CLE and PBL at the faculty. It discusses the experienceof the instructor in applying PBL in two courses. This papercomes up with suggestion on the application andimplementation of the method in a law school so that lawstudents can master practical legal skills in order to be moreemployable.
Malaysian journal of syariah and law, Dec 1, 2017
The application of international custom in domestic courts is a contentious exercise. This paper ... more The application of international custom in domestic courts is a contentious exercise. This paper examined the importance and applicability of the principle of non-refoulement in domestic courts. Discussion begins with the scrutiny of the formation of the principle as international custom. Next, it deals with the status of international customary law in the domestic legal framework of a dualist state with the analysis of the judicial response to attempt to invoke international custom in cases. The result shows that there are legal impediments that must be removed to enable meaningful application of the principle for the benefit of refugees.
UUM journal of legal studies, 2014
This study will delve into the Malaysian legal framework for the protection of refugee children; ... more This study will delve into the Malaysian legal framework for the protection of refugee children; their legal status under the law; and guarantee to their rights. It will first identify the general protection under various Malaysian statutes relevant to refugee children. Discussion will continue to emphasise on any adverse effect of the legal provisions on refugee children. This will then followed by analysing Malaysia's international commitment and obligation relating to children in general with some reference to refugee children. Discussion will touch on the role and mandate of the United Nation's High Commissioner for Refugee's (UNHCR) office, to protect refugee, Malaysia's commitment as a state party to the United Nation Convention on the Rights of the Child (UNCRC) and it's refusal to ratify the 1951 Convention Relating to the Status of Refugee (CRSR). Other dimension of this paper is the highlight of the adverse effects of inconsistent domestic legal provisions on the enjoyment of rights by refugee children. Finding of this study will show the extent of protection offered to refugee children under domestic laws and the reasons why Malaysia should fulfill its international obligation towards refugee children and further effort that must be initiated to ensure compliance to protection under international law.
The interest in embarking on this study is prompted by the predicament of refugee children under ... more The interest in embarking on this study is prompted by the predicament of refugee children under Malaysian jurisdiction and the dire need to improve their situation. This thesis is aimed at investigating the applicability of two rules relating to refugee protection: the principle of non-refoulement and the best interests of the child, which are believed to have become customary international law (CIL) which binds all states without their consent. The focus of this thesis is the prolonged problem of refugee children's protection and the possibility of improving their conditions using international law while acknowledging that Malaysia is not a party to the 1951 Convention Relating to the Status of Refugees. The thesis begins by My sincere appreciation goes to my honourable supervisor, Prof Rebecca M. M. Wallace, for her competent guidance, words of wisdom, endless support and encouragement throughout the research, writing, and completion of this work. It has indeed been a rewarding experience to work with such a wonderful and knowledgeable scholar. Next, my heartfelt thanks go Dr. Julian Lonbay, my internal supervisor, for his assistance, continuous support and advice that have benefited me academically and emotionally.
Kanun: Jurnal Undang-undang Malaysia, Jul 1, 2018
Advanced Science Letters, May 1, 2017
Forest of Peninsular Malaysia is a natural heritage that needs to be sustained for its uniqueness... more Forest of Peninsular Malaysia is a natural heritage that needs to be sustained for its uniqueness even though small in percentage, but it offers enormous benefits in safeguarding the natural ecosystem. Unfortunately, the state of deterioration of forested area in Peninsular Malaysia is at alarming rate and in need of additional funding instrument for conservation and regeneration. The Forest Development Fund established under Chapter 8 of the National Forestry Act 1984 has limited operation as its coverage only extends to existing forest conservation routine activities. Yaakob, A.
Malaysian Journal of Syariah and Law
Tropical rainforest in Peninsular Malaysia is home to a highly diverse flora and fauna. The biodi... more Tropical rainforest in Peninsular Malaysia is home to a highly diverse flora and fauna. The biodiversity and sustainability of the forest are highly potential to mitigate climate change and its adverse consequences. Although Malaysia is committed to preserve the forest in recognition of the important services, the threat against the forest of degradation and even deforestation for demand of other prevailing interests remain. Bio banking scheme has been one of market-oriented mechanisms which have been suggested to fund towards ensuring the sustainability of the biodiversity in Malaysia. By examining the experience of biobank for forest or environmental conservation, this paper considers issues and challenges in the creation of such biobank in Peninsular Malaysia as proposed in a study. For this, it considers two existing schemes of biobanking, one is implemented in the New South Wales, Australia, and the other is in Sabah, Malaysia, the Malua Biobank. The main features of these two ...
International Journal of Academic Research in Business and Social Sciences
Sulh officers are the backbones of the implementation of sulh as on of the alternative dispute re... more Sulh officers are the backbones of the implementation of sulh as on of the alternative dispute resolutions in syariah courts. The knowledge and experience of Sulh officers could influence the process and the success of Sulh sessions. The objective of the research is to identify (i) the roles and competencies of women sulh officers in handling and resolving mal cases; (ii) their confidence levels; and (iii) their advantages and disadvantages in terms of their skills. Another objective is to identify the differences of the period of services between the women sulh officers in the Federal States (shared services) and the ones in the other States. By using both qualitative and quantitative methods, this research proves that a competent women sulh officer is significant and valuable to achieve the objective of sulh, ensuring the smoothness of case resolutions, thus contributes to the overall performance of syariah courts.
INSLA E-Proceedings, Oct 27, 2020
Kanun: Jurnal Undang-undang Malaysia, Jul 1, 2018
Kolej Universiti Islam Malaysia, Jul 1, 2003
USIM Press, Universiti Sains Islam Malaysia, 2018
This article is a comparative analysis of Woman and Scarecrow by Marina Carr and The Seafarer by ... more This article is a comparative analysis of Woman and Scarecrow by Marina Carr and The Seafarer by Conor McPherson from a hauntological perspective. It aims at discussing the influence of supernatural beings on mortal protagonists as well as addressing the configurations of power and knowledge formed between the characters. Woman and Scarecrow follows the final moments of a dying woman accompanied by the mysterious figure of Scarecrow, who is hidden from other characters. The verbal exchanges between Scarecrow and Woman will be interpreted as a manifestation of the apparent power possessed by the former, the ambiguous supernatural figure, over the latter, a human being, in terms of appropriating the knowledge about the woman's past. In McPherson's The Seafarer, a mysterious relationship develops between Sharky and Mr. Lockhart, who knows about Sharky's past, too. This paper will demonstrate both similarities and differences in the way in which Carr and McPherson make use of supernatural beings that manipulate human characters in the most crucial moments of their lives and will situate the two plays within the recent rise of interest in spectrality in Irish drama.
The European Proceedings of Social and Behavioural Sciences, 2018
This is an Open Access article distributed under the terms of the Creative Commons Attribution-No... more This is an Open Access article distributed under the terms of the Creative Commons Attribution-Noncommercial 4.0 Unported License, permitting all non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Kanun: Jurnal Undang-undang Malaysia, 2020
Malaysia is endowed with abundant forest resources that covers about 59.5% of total land area. Fo... more Malaysia is endowed with abundant forest resources that covers about 59.5% of total land area. For most part of Malaysia's economy, much importance is placed on the contribution of forest in agronomy development. Due to apparent large scale land clearing that brought grave consequences to the environment, various initiatives to protect forests from misuse, abuse and overexploitation of forest resources, mainly by plantation companies, were implemented. The attribution of haze caused by burning of forests further pushed for appropriate policies and laws to protect atmospheric quality in Malaysia. Local laws on preventing deforestation and haze are mainly provided in the Environmental Quality Act 1974 and National Forestry Act 1984. Efforts to resolve issues of deforestation and its environmental impacts on air quality should re-emphasize the benefits of practicing Sustainable Forest Management (SFM) to limit environmental impacts of forest activities through continuous participation and commitment from stakeholders, such as the plantation companies. The penalties for deforestation offences in current Malaysian laws whilst it is punitive, should be improved by imposing an environmental tax on polluter companies as a corrective and rehabilitative tool, thus affirming the 'polluter pays principle'. Environmental tax law could be utilized, for example, in restoring the affected forest area to its natural and original state. The categories of persons contributing to the Environmental Fund should be reviewed to address impacts from deforestation and haze. The study attempts to enhance and strengthen the role of companies in their corporate legal responsibilities towards deforestation and haze issues in Malaysia.
The Administrative Law is a body of law that runs across various activities of all administrative... more The Administrative Law is a body of law that runs across various activities of all administrative agencies of the government. The implementation of its principles within administrative bodies is important to ensure that powers are exercised within limits and that the limitation of power is legal. The teaching of Administrative Law requires the instructor to assist learners see the operation of the principles in diverse settings and encourage them to foster lifelong learning. The requirement has led to the application of problem based method for learning Administrative Law that allows student to explore numerous possibilities of solutions and different dimensions for any given problem and encourage them to be independent researcher. This research aims to look at the process of applying problem-based learning (PBL) in Administrative Law course with Environmental Law infused, in the wake of the environmental protection and enforcement problems in Malaysia. It first explains the purpose...
The Indonesian Journal of International Clinical Legal Education, Dec 17, 2019
Clinical Legal Education (CLE) is based on the idea that lawpractice requires thinking and doing.... more Clinical Legal Education (CLE) is based on the idea that lawpractice requires thinking and doing. It is founded on thenotion of learning by doing in which law students gainlawyering skills by performing lawyering tasks andresponsibilities. This method gives students the opportunity towork on actual and simulated cases and solve legal problemssystematically. This paper discusses the implementation andapplication of CLE at the Faculty of Syariah And Law, UniversitiSains Islam Malaysia with emphasis on Problem-basedlearning, specifically relating to its process, model of PBLactivities, targeted skills, student assessment and studentfeedback. Discussion also covers benefit and challenges ofapplying CLE and PBL at the faculty. It discusses the experienceof the instructor in applying PBL in two courses. This papercomes up with suggestion on the application andimplementation of the method in a law school so that lawstudents can master practical legal skills in order to be moreemployable.
Malaysian journal of syariah and law, Dec 1, 2017
The application of international custom in domestic courts is a contentious exercise. This paper ... more The application of international custom in domestic courts is a contentious exercise. This paper examined the importance and applicability of the principle of non-refoulement in domestic courts. Discussion begins with the scrutiny of the formation of the principle as international custom. Next, it deals with the status of international customary law in the domestic legal framework of a dualist state with the analysis of the judicial response to attempt to invoke international custom in cases. The result shows that there are legal impediments that must be removed to enable meaningful application of the principle for the benefit of refugees.
UUM journal of legal studies, 2014
This study will delve into the Malaysian legal framework for the protection of refugee children; ... more This study will delve into the Malaysian legal framework for the protection of refugee children; their legal status under the law; and guarantee to their rights. It will first identify the general protection under various Malaysian statutes relevant to refugee children. Discussion will continue to emphasise on any adverse effect of the legal provisions on refugee children. This will then followed by analysing Malaysia's international commitment and obligation relating to children in general with some reference to refugee children. Discussion will touch on the role and mandate of the United Nation's High Commissioner for Refugee's (UNHCR) office, to protect refugee, Malaysia's commitment as a state party to the United Nation Convention on the Rights of the Child (UNCRC) and it's refusal to ratify the 1951 Convention Relating to the Status of Refugee (CRSR). Other dimension of this paper is the highlight of the adverse effects of inconsistent domestic legal provisions on the enjoyment of rights by refugee children. Finding of this study will show the extent of protection offered to refugee children under domestic laws and the reasons why Malaysia should fulfill its international obligation towards refugee children and further effort that must be initiated to ensure compliance to protection under international law.
The interest in embarking on this study is prompted by the predicament of refugee children under ... more The interest in embarking on this study is prompted by the predicament of refugee children under Malaysian jurisdiction and the dire need to improve their situation. This thesis is aimed at investigating the applicability of two rules relating to refugee protection: the principle of non-refoulement and the best interests of the child, which are believed to have become customary international law (CIL) which binds all states without their consent. The focus of this thesis is the prolonged problem of refugee children's protection and the possibility of improving their conditions using international law while acknowledging that Malaysia is not a party to the 1951 Convention Relating to the Status of Refugees. The thesis begins by My sincere appreciation goes to my honourable supervisor, Prof Rebecca M. M. Wallace, for her competent guidance, words of wisdom, endless support and encouragement throughout the research, writing, and completion of this work. It has indeed been a rewarding experience to work with such a wonderful and knowledgeable scholar. Next, my heartfelt thanks go Dr. Julian Lonbay, my internal supervisor, for his assistance, continuous support and advice that have benefited me academically and emotionally.
Kanun: Jurnal Undang-undang Malaysia, Jul 1, 2018
Advanced Science Letters, May 1, 2017
Forest of Peninsular Malaysia is a natural heritage that needs to be sustained for its uniqueness... more Forest of Peninsular Malaysia is a natural heritage that needs to be sustained for its uniqueness even though small in percentage, but it offers enormous benefits in safeguarding the natural ecosystem. Unfortunately, the state of deterioration of forested area in Peninsular Malaysia is at alarming rate and in need of additional funding instrument for conservation and regeneration. The Forest Development Fund established under Chapter 8 of the National Forestry Act 1984 has limited operation as its coverage only extends to existing forest conservation routine activities. Yaakob, A.
Malaysian Journal of Syariah and Law
Tropical rainforest in Peninsular Malaysia is home to a highly diverse flora and fauna. The biodi... more Tropical rainforest in Peninsular Malaysia is home to a highly diverse flora and fauna. The biodiversity and sustainability of the forest are highly potential to mitigate climate change and its adverse consequences. Although Malaysia is committed to preserve the forest in recognition of the important services, the threat against the forest of degradation and even deforestation for demand of other prevailing interests remain. Bio banking scheme has been one of market-oriented mechanisms which have been suggested to fund towards ensuring the sustainability of the biodiversity in Malaysia. By examining the experience of biobank for forest or environmental conservation, this paper considers issues and challenges in the creation of such biobank in Peninsular Malaysia as proposed in a study. For this, it considers two existing schemes of biobanking, one is implemented in the New South Wales, Australia, and the other is in Sabah, Malaysia, the Malua Biobank. The main features of these two ...
International Journal of Academic Research in Business and Social Sciences
Sulh officers are the backbones of the implementation of sulh as on of the alternative dispute re... more Sulh officers are the backbones of the implementation of sulh as on of the alternative dispute resolutions in syariah courts. The knowledge and experience of Sulh officers could influence the process and the success of Sulh sessions. The objective of the research is to identify (i) the roles and competencies of women sulh officers in handling and resolving mal cases; (ii) their confidence levels; and (iii) their advantages and disadvantages in terms of their skills. Another objective is to identify the differences of the period of services between the women sulh officers in the Federal States (shared services) and the ones in the other States. By using both qualitative and quantitative methods, this research proves that a competent women sulh officer is significant and valuable to achieve the objective of sulh, ensuring the smoothness of case resolutions, thus contributes to the overall performance of syariah courts.
INSLA E-Proceedings, Oct 27, 2020
Kanun: Jurnal Undang-undang Malaysia, Jul 1, 2018
Kolej Universiti Islam Malaysia, Jul 1, 2003
USIM Press, Universiti Sains Islam Malaysia, 2018
This article is a comparative analysis of Woman and Scarecrow by Marina Carr and The Seafarer by ... more This article is a comparative analysis of Woman and Scarecrow by Marina Carr and The Seafarer by Conor McPherson from a hauntological perspective. It aims at discussing the influence of supernatural beings on mortal protagonists as well as addressing the configurations of power and knowledge formed between the characters. Woman and Scarecrow follows the final moments of a dying woman accompanied by the mysterious figure of Scarecrow, who is hidden from other characters. The verbal exchanges between Scarecrow and Woman will be interpreted as a manifestation of the apparent power possessed by the former, the ambiguous supernatural figure, over the latter, a human being, in terms of appropriating the knowledge about the woman's past. In McPherson's The Seafarer, a mysterious relationship develops between Sharky and Mr. Lockhart, who knows about Sharky's past, too. This paper will demonstrate both similarities and differences in the way in which Carr and McPherson make use of supernatural beings that manipulate human characters in the most crucial moments of their lives and will situate the two plays within the recent rise of interest in spectrality in Irish drama.
The European Proceedings of Social and Behavioural Sciences, 2018
This is an Open Access article distributed under the terms of the Creative Commons Attribution-No... more This is an Open Access article distributed under the terms of the Creative Commons Attribution-Noncommercial 4.0 Unported License, permitting all non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Kanun: Jurnal Undang-undang Malaysia, 2020
Malaysia is endowed with abundant forest resources that covers about 59.5% of total land area. Fo... more Malaysia is endowed with abundant forest resources that covers about 59.5% of total land area. For most part of Malaysia's economy, much importance is placed on the contribution of forest in agronomy development. Due to apparent large scale land clearing that brought grave consequences to the environment, various initiatives to protect forests from misuse, abuse and overexploitation of forest resources, mainly by plantation companies, were implemented. The attribution of haze caused by burning of forests further pushed for appropriate policies and laws to protect atmospheric quality in Malaysia. Local laws on preventing deforestation and haze are mainly provided in the Environmental Quality Act 1974 and National Forestry Act 1984. Efforts to resolve issues of deforestation and its environmental impacts on air quality should re-emphasize the benefits of practicing Sustainable Forest Management (SFM) to limit environmental impacts of forest activities through continuous participation and commitment from stakeholders, such as the plantation companies. The penalties for deforestation offences in current Malaysian laws whilst it is punitive, should be improved by imposing an environmental tax on polluter companies as a corrective and rehabilitative tool, thus affirming the 'polluter pays principle'. Environmental tax law could be utilized, for example, in restoring the affected forest area to its natural and original state. The categories of persons contributing to the Environmental Fund should be reviewed to address impacts from deforestation and haze. The study attempts to enhance and strengthen the role of companies in their corporate legal responsibilities towards deforestation and haze issues in Malaysia.
The Administrative Law is a body of law that runs across various activities of all administrative... more The Administrative Law is a body of law that runs across various activities of all administrative agencies of the government. The implementation of its principles within administrative bodies is important to ensure that powers are exercised within limits and that the limitation of power is legal. The teaching of Administrative Law requires the instructor to assist learners see the operation of the principles in diverse settings and encourage them to foster lifelong learning. The requirement has led to the application of problem based method for learning Administrative Law that allows student to explore numerous possibilities of solutions and different dimensions for any given problem and encourage them to be independent researcher. This research aims to look at the process of applying problem-based learning (PBL) in Administrative Law course with Environmental Law infused, in the wake of the environmental protection and enforcement problems in Malaysia. It first explains the purpose...