Civil Law In Malaysia
Struktur kategori dan konsep.
Civil law in malaysia. Civil law in malaysia is concerned with various legal matters such as business law or family law being based on personal retribution principles the case where a penalty can consist of the charge of a financial sum in comparison to criminal law where the individuals are subject to state prosecution. Examples of criminal prosecution includes kidnapping murder. The laws of malaysia series lom is a compilation and reprint of laws published in volume form pursuant to section 14 a of the revision of laws act 1968 act 1 it is the only official and authentic publication of the laws of malaysia. Adapun sistem hukum yang dimaksud di sini meliputi unsur unsur seperti.
Peninsular malaysia 7 april 1956. It can be basically defined as any disputes sued in the court of law that does not involve a criminal prosecution. Civil law dan common law keduanya merupakan dua sistem hukum yang berbeda. The civil service in malaysia is pivotal around article 132 of the constitution of malaysia which stipulates that the public services shall consist of the federal and state general public service the joint public services the education service the judiciary and the legal service and the armed forces.
Many people have never known this but there are different ways to bring cases to civil court in malaysia in criminal cases what usually happens is the accused person is arrested formally charged by the public prosecutor and if the accused person does not plead guilty the matter goes to trial it s different for civil cases different types of civil actions require different modes of. Laws of malaysia act 67 civil law act 1956 an act relating to the civil law to be administered in malaysia. This act may be cited as the civil law act 1956. Civil non islamic marriages in malaysia are governed by the law reform marriage and divorce act 1976 lrmd.
Majlis peguam malaysia v. Divorces are petitioned to a family court by one partner or both partners in a marriage. Krishnasamy bhaktavatsalu court of appeal putrajaya mary lim jca. So the civil law is the branch of law which copes with disputes between individuals or.
For all intents and purpose statutory bodies and the local authorities are also. 235 berpendapat bahwa di dunia ini kita tidak jumpai satu sistem hukum saja melainkan lebih dari satu. Lee swee seng jca civil appeal no. 1 save so far as other provision has been made or may hereafter be made by any written law in force in malaysia the court shall a in peninsular malaysia or any part thereof apply the common law of england and the rules of equity as administered in england on the 7 april 1956.
Terima kasih atas pertanyaan anda. In this act unless the context otherwise requires. There are 3 requirements that must be fulfilled before a divorce can be filed. Sabah and sarawak 1 april 1972 p u a 424 1971 part i preliminary short title 1.
Satjipto rahardjo dalam bukunya ilmu hukum hal.