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Articles by K.H. Hassan
Total Records ( 10 ) for K.H. Hassan
  Parviz Bagheri and K.H. Hassan
  While Iran is transforming itself into a forerunner in the ICT arena, its laws must be relevant to the transition. Not only should the laws be applicable to innovations in E-commerce but they should also be on par with and sensitive to the legal developments taking place worldwide including consumer protection. Against that background, the researchers discuss the development of electronic commerce and consumer protection in Iran from the legal perspective. A question arises: whether Iran has a proper legal framework for E-commerce and consumer protection? Electronic Commerce Law 2004 and Consumer Rights Protection Act (CRPA) 2009 are the laws which inspire hopes to solve legal problems of business conduct in virtual era. The CRPA 2009, furthermore is only supplementary in nature and is not a main act and the lack of relatedness among these laws reduces their efficacy in protecting consumer rights.
  Parviz Bagheri and K.H. Hassan
  Iran's 5 years economic plans have called for gradual movement towards a free market economy. E-commerce is one branch of economic activity that has begun to flourish in Iran. For that to be sustained, certain policy, infrastructures and standards are necessary such as a strong banking system, proper legislation, data security and copyrights and coordination of national financial legislation with international standards. This study examines the policy and infrastructure available in Iran to cater for the development of E-commerce. The memorandum of policy shows the responsibilities of executive agencies related to E-commerce in Iran. The various roles of the Iranian governmental departments and agencies show the specified duties and powers of each of them pertaining to the governance and management of E-commerce.
  Mostafa Seraji and K.H. Hassan
  Workers’ associations have been established in Iran since, 1950. Although, the associations are not in the same strength and status of trade unions in the West, their existence is considered as precursor to the development of trade unionism in Iran. Since the 1979 Revolution, Iranian workers have been trying to attain a recognisable position in their workplaces. They tried to gain acceptance in the Jomhouri e Eslami’s (JE) party as its workers’ branch and to finally have their position legalised by the government. This study analyses the status and roles of the Iranian workers’ associations by focussing on the Workers’ House, Islamic Labour Council and Guilds Association.
  Budi Santoso and K.H. Hassan
  This study, examines the enforcement of the minimum wage in Indonesia through criminal sanctions. The minimum wage is stipulated under the Manpower Act 2003. Under the Act, employers are prohibited from paying wage lower than the stipulated minimum wage. Employer who violates the minimum wage will be subjected to criminal sanctions in prison and/or a fine. Since 2009, there have been several district courts decisions imposing criminal sanctions on employers who violate the minimum wage provision. One example was a 2008 court decision in the case of Sri Rejeki Mebelindo where in this case, the judges sentenced the director to one and a half years imprisonment and a fine of 250 million rupiah for having paid wages lower than the stipulated minimum wage. In addition, the study proposes that in enforcing the minimum wage through the criminal sanctions, it is necessary to consider that the sanctions will not be counter-productive to the company's business operations, especially when the sanctions are imposed in the form of imprisonment not in the form of a fine.
  Parviz Bagheri and K.H. Hassan
  The purpose of this study is to discuss the relevant issues on conflict of laws in internet transactions from the Iranian legal perspective. The application of the conflict of laws doctrine has led to jurisdictional conundrums over e-commerce contract disputes. Conflict of laws in on-line transactions is still in a state of unsettledness in Iran. The researchers discuss the conflict of laws in Iran from the aspects of conflict of forum and conflict of laws. The Iranian electronic commerce law is examined in the context of the Brussels regulation. The Iranian civil code as a local legislation and the United Nations convention on international electronic communications 1980 which is an international document are also examined in this study.
  Budi Santoso and K.H. Hassan
  Fundamentally, an employment relationship is an economic relationship. Nevertheless, due to the weaker position of worker than employers, thus, many parties note the importance of government intervention to protect workers in the form of regulation-making in order that the employment relationship can be fair. Therefore, this study specifically analyzes how the Indonesian labor law regulates the employment relationship to ensure that workers are protected from solely economic interests and at the same time workers can function well in the company’s business operations. By using statute approach, the analysis conclude that the Indonesian labor law has set minimum and maximum requirements in the making of employment contract and substantive and procedural requirements in the dismissal exercise. For instance, the dismissal exercise must be accompanied by a fair reason. This principle is in line with the slogan ‘labor is not a commodity’ that is embodied in the ILO Declaration of Philadelphia 1944 and the principle of ‘just cause dismissal’ in the ILO Convention No. 158.
  R. Nordin , K.H. Hassan , Z.A. Zainol , R. Shapiee , F. Jalil , M.A. Witbrodt and M.S. Hassan
  Currently, Malaysia does not have specific national legislation to regulate access to its genetic resources and ensure equitable sharing of benefits derived from their commercialisation (ABS legislation). However, the States of Sabah and Sarawak in Malaysia have enacted their ABS legislations to be implemented within their States territories. This research will examine how Sarawak provides for mechanism for resolving conflicting interests in genetic resources. For purposes of this study, this research will evaluate Sarawak ABS legislation, namely, the Sarawak Biodiversity Centre Ordinance in 1997 and Sarawak Biodiversity Regulation in 2004. The principal issues to be considered are the manner in which the Convention on Biological Diversity (CBD) is reflected in the legislative enactments; the degree to which the CBD was implemented in the legislative enactments and the degree of effective consultation and participation in the process of formulating the respective legislative acts. The particular questions to be answered are: to what extent the ABS legislation in Sarawak has conformed to ABS requirements in the CBD; how have the legislative acts been implemented by the respective authorities and what are the strengths and limitations of the legislative acts? For purposes of this evaluation, comparison will be made between the situation in Sarawak and in the Philippines, specifically with regards to Philippines Executive Order 247. It is the conclusion that Sarawak has not via its ABS legislation; conform to ABS requirements as reflected in the CBD, particularly in regards to the adequate protection of the interests of the indigenous peoples. The basic foundation of ABS legal framework in Sarawak is not compatible with Philippines and unless this is improved, Sarawak will not have an adequate legal infrastructure to support its involvement in future biotechnology-related activities.
  A. Vijayalakshmi Venugopal and K.H. Hassan
  Freedom of speech is guaranteed under Malaysian Constitution, although such freedom is not absolutely un-curtailed. It is subject to certain limitations such as on grounds of national security, public peace or morality. One limitation of freedom of speech that is outside the limitations provided in the constitution is contempt of court. Contempt of court is a power entrusted to every court by statute or part of the inherent jurisdiction of the court. This power extends to the courts hearing and even initiating contempt actions, recognising forms of contempt, ensuring proper compliance with rules of procedure applicable to contempt proceedings and if appropriate, punishing those who offend these standards. These principles are contained in various statutes and even more numerous cases. This study adopts a doctrinal method analysis on contempt of court in Malaysia. It examines the judicial approaches adopted by Malaysian courts in balancing freedom of speech and offences related to contempt of court.
  Parand Azizi and K.H. Hassan
  This study, examines the legal implications of doping in sports in Iran against the backdrop of international sport legal regime. For many years, the interest in sports has been ever growing in Iran, like in the rest of the world. With the popularity of the games, as well as the individual sports figures, sponsorships and prize money, the level of competiveness is higher than ever before. With this trend, sadly to note that the issue of doping is on the rise within the sport. The most popular sports in Iran have always been classical genres such as weightlifting, wrestling and horse riding competitions and doping has penetrated into these sports. In later years, doping has spread into sports, such as bodybuilding and soccer. The purpose of this study is to highlight some of the growing issues in Iranian sports today and how to combat the alarming rise in doping and drug use within the sport.
  Parand Azizi and K.H. Hassan
  This short study discusses important issues of Muslim women in their participation in sport, taking Iranian context as an example. Iranian women have to face many challenges in sport, especially the hijab issue. The Qur’an and Hadith shows the importance of sport for human socially, physically and mentally. The Shari’ah also approves all kinds of athletics and sports in order to demonstrate superiority, strength and skill that would be mentally and physically useful for health and human life. Now-a-days, Iranian Muslim women are competing in sports more than there have been in the past and recently, they have achieved satisfactory results in many national and international games. Unfortunately, Iran Muslim women athletes have so many issues to deal with in their participation in national and international sports events because of their veil (hijab). We find that Iranian Muslim women excelled in national and international games despite strict adherence to religion, culture and Iranian legal requirements.
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