1.2 Laws in some countries are functional and some others are not. Discuss?

Laws are establish standards, maintain order, resolve disputes, and protect the rights
and freedoms of the people (Berger Harris, LLP & Samuel D.Brickley,2019). The
government created the laws to control human activities so to make sure the law is functional,
they must discipline and strict enforcement of the laws, the laws are clear, publicized, stable,
and just; are applied evenly, and protect fundamental rights, including the security of persons,
contract and property rights, and certain core human rights and make sure the justice is
delivered timely by competent, ethical, and independent representatives and neutrals who are
accessible, have adequate resources, and reflect the makeup of the communities they serve.

1.1.1 Discipline and strict enforcement of the laws (financesonline.com, 2018)

The government must measure the extent to which its rules are implemented
and enforced fairly and effectively regulatory, legal and administrative, structural
behavior within and outside the government. Strong rules of law require these rules
and administrative provisions to be effective and enforceable and enforced without
undue influence by public officials or private interests.

In addition, strong regulatory requirements require that administrative

proceedings be carried out on a timely basis, without any unreasonable delay, that the
proper process is respected in administrative proceedings, and the government is not
eligible without adequate compensation. This factor does not evaluate which
activities the government chooses to regulate, and do not consider how many
rules are appropriate for an activity. Instead, it examines how the rules are
implemented and enforced. To facilitate comparisons, this factor considers areas
controlled by all countries to one degree or another, such as public health, workplace
safety, environmental protection, and commercial activity (worldjusticeproject, n.d).

Examples of countries that enforce the law more strictly are Singapore
countries. Singapore may be small, but the government's strict implementation and
regulation of locals and tourists are much higher than that of other countries on this
list. Any wrong step will burden someone well. Spit in public places has a fine.
Smoking in public will bring you in serious trouble. Wearing the wrong clothes when
going out will take you to jail. And they are only a small offense. We can only
imagine the tightness of the Singapore government in dealing with serious crimes.
 But very strong compliance with regulations makes Singapore a world-class economy
with a higher standard of living than the most advanced European countries (Finance
online, 2018).

2. The laws are clear, publicized, stable, and just; are applied evenly; and protect
fundamental rights, including the security of persons, contract and property rights, and
certain core human rights (worldjusticeproject, n.d).

The government should clarify what functions or uses and the framework
makes this law available to all societies. If the government does so, it protects the
people's rights as they are actors who will implement and confront the law. Therefore,
newly created legislation should be stable in terms of cost and that the law should be
applied equally or no exemption (worldjusticeproject, n.d).

As an example is national security laws. Safety is one of the determining

aspects of any legal community law and the basic function of the state. It is also a
prerequisite for the realization of the rights and freedoms required by law
(worldjusticeproject.org, n.d). The examples of the dangerous threats faced by each
government are crimes particularly conventional crimes, political violence including
terrorism, armed conflict, and political upheavals as violence is perceived as a way
that society can accept to correct personal grievances.

For example, Malaysia has been attacked by the ISIS first attack in June, a
grenade attack at a nightclub in Puchong, Selangor, which injured eight people. The
Royal Malaysian Police said several other terrorist attacks had been thwarted by
arresting individuals who were in the final stages of the attack plan. There has been an
increase in kidnapping for ransom in Malaysia's territorial waters in eastern Sabah.
Many of these kidnappers are linked to the Abu Sayyaf Group (KAS). So, Malaysia
has used the national security laws to detain, imprison, harass, and scare the critics
and opposition politicians. The Malaysian government in 2016 adopted newly
amended laws to arrest and prosecute individuals suspected of being involved with
violence, including terrorism financing and In August, the government approved the
National Security Council Act, which empowered the Prime Minister to combat
terrorism. The new law gives Prime Minister unilaterally the power to enforce
military laws by declaring an alarming security area where the police have expanded
the search, seizure, and arrest power (Kedutaan A.S. Malaysia, 2017)
3. Make sure the justice is delivered timely by competent, ethical, and independent
representatives and neutrals who are accessible, have adequate resources, and reflect
the makeup of the communities they serve (worldjusticeproject, n.d)

The government should choose credible, ethical and corrupt representatives of

the people so that they carry out their responsibilities as representatives of the people
well and wisely and fairly to every citizen. Additionally, the government should
also choose ethical representatives of the people in carrying out its responsibilities
to the people so that the people feel comfortable working together or expressing
their dissatisfaction.

For example, corruption issues. Ways for the government to combat

corruption issues is that the government should measure corruption in some
government agencies, and the people also play an important role in combating
corruption in the country. Examples of three forms of corruption are gift-giving feeds,
improper influence by public or private interests, and misappropriation of public
funds or other sources. The three forms of bribery are examined with respect to
government officials in executive branches, judiciary, military, police and legislative
bodies and cover various possible situations where bribes even from small bribery to
major frauds can arise. If this is done by the government, government officials who
are in the executive, judicial, military, police and legislative branches will not use
public offices only for their personal gain (worldjusticeproject, n.d). For example, the
Sabah Water Corruption issue is one of the biggest issues of corruption in Malaysia as
a matter of corruption in the Water Department in Sabah which took place in 2016.
People across the country across the borders know this through media reports such as
television, radio, internet, and newspapers.

According to Berita Harian, on 11 October 2016 there was a statement in the

mass media that on the first day of the raid, the Malaysian Anti-Corruption
Commission (MACC) had seized assets worth RM114 million ($ 37.9 million)
including cash of RM53.7 million from two officers right of the Sabah Water
Department. Six days later, they have detected more than RM30 million deposited in
foreign banks and RM30 million in the form of the land grant. The case involving
Sabah State Water Department director Awang Tahir Awang Talib, 54, and his
deputy, Teo Chee Kong, 52 years old. Two officers arrested on October 4 were
 alleged to have collected nearly RM200 million from a massive and structured
scheme. Apart from the money, property such as branded clocks, and branded bags
were also seized by the MACC (Zafirah Yusoff, n.d). Examples of organizations that
carry out their responsibilities in combating corruption in Malaysia are the Malaysian
Anti-Corruption Commission.

Therefore, the role of the government is very important in bringing out the laws that
have been made to the community. In addition, implementing the law well and seamlessly by
assessing the shortcomings and advantages of the law to the community, whether the law
provides benefits to the people equally or not. With that, it can also prevent problems.

References

World Justice Project. (n.d). “Regulatory Enforcement (Factor 6)” retrieved from
https://worldjusticeproject.org/our-work/wjp-rule-law-index/wjp-rule-law-index-
2017%E2%80%932018/factors-rule-law/regulatory-enforcement. 4 April 2019.

Kedutaan A.S. di Malaysia. (2017). “Laporan Keganasan Negara 2016 – Malaysia” retrieved
from https://my.usembassy.gov/ms/crt2016_ms_bhs_280717/. 4 April 2019.

World Justice Project. (n.d). “Absence of Corruption (Factor 2)” retrieved from
https://worldjusticeproject.org/our-work/wjp-rule-law-index/wjp-rule-law-index-
2017%E2%80%932018/factors-rule-law/absence-corruption-factor. 2 April 2019.

Zafirah Yusoff. (n.d). “Rasuah asas komunikasi” retrieved from

https://www.academia.edu/36560281/Rasuah_asas_komunikasi. 4 April 2019.

Finance online. (2018). “10 Countries With The Strictest Laws In The World” retrieved from
https://financesonline.com/10-countries-with-the-strictest-laws-in-the-world/. 3 April
2019.

World Justice Project. (n.d). “Order and Security(Factor 5)” retrieved from
https://worldjusticeproject.org/our-work/wjp-rule-law-index/wjp-rule-law-index-
2017%E2%80%932018/factors-rule-law/order-and-security-factor. 1 April 2019.

Berger Harris, LLP & Samuel D.Brickley. (2019). “Chapter 3: Purposes and Functions of
Law” retrieved from https://www.businesslawbasics.com/chapter-3-purposes- and-
functions-law-1. 2 April 2019