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TEAM Malaysia Case Studies


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Test-bed Partners and Case Studies

Superior Court of Malaysia
Case Study 02 - Development of a Model Requirement for the Management of Electronic Court Records in Malaysia

 



Case Study Abstracts and Documents

Case Study:
02
Test-bed name:
Malaysian Courts: Court of Appeal, High Court in Malaya and Magistrate Court
Test-bed type:
Judicial institution
Topic/Title:
Development of a Model Requirement for the Management of Electronic Court Records in Malaysia
Case study type:
Records, Systems
Start Date:
July 2008
Status:
Completed
Abstract:

The jurisdiction of the Malaysian courts is determined by the Courts of Judicature Act and the Subordinate Courts Act 1948. The courts are categorized into 4: the Superior Courts, the High Courts, the Subordinate Courts and the Adjudicatory Bodies/Tribunals. The Superior Courts consists of the Federal Court, the Special Court and the Court of Appeal. The High Court consists of the High Court in Malaya and the High Court in Sabah & Sarawak. The subordinate courts in Malaysia are the Sessions Court, the Magistrates’ Court, the Court for Children and, in West Malaysia only, the Penghulu’s Court. The Adjudicatory Bodies / Tribunals are established under different statutes. The test-beds for this case study are Court of Appeal (Superior Court), High Court in Malaya (High Court) and Magistrate Court (Subordinate Court). Generally, the Court of Appeal hears all civil and criminal appeals against decisions of the High Court, except where against judgment or orders made by consent. The High Courts have general supervisory and revisionary jurisdiction over all the Subordinate Courts and hear appeals from the Subordinate Courts in civil and criminal matters.

According to the interview with Pn Rozilah, Deputy Registrar of Court of Appeal, Malaysia (personal communication, October, 2008), currently, most of the court records in Malaysia are in paper form. There is no systematic electronic court records management, such as an electronic filing system, in the court of Malaysia. Therefore, a sensible functional requirement for the management of electronic court records needs to be developed as the first strategy to the implementation of electronic records management in Malaysian courts. This requirement is important to ensure electronic court records of permanent value to the nation are managed and preserved properly in accordance with ISO15489.

The main objectives of the case study were to investigate the records management practice in three categories of courts--Court of Appeal (Superior Court), High Court in Malaya (High Court) and Magistrate Court (Subordinate Court)--to develop a functional requirement framework based on the various best practice models for electronic records management and to develop a model requirement for the management of electronic court records in Malaysia. This study focused only on Civil courts. Syariah courts were not included as the preliminary investigation revealed that the recordkeeping system in Civil courts is more critical compared to the Syariah courts.

Documents:
Final Report
 

 

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