Benefits and Achievements of ICT Adoption by the
High Courts of Malaysia
*Zaiton Hamin, **Mohd Bahrin Othman and ***Ani Munirah Mohamad
*Accounting Research Institute HICoE and Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia
** Students’ Affairs and Alumni Division and Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia
*** Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia
*zaiton303@salam.uitm.edu.my, **mohdb916@salam.uitm.edu.my, ***animunirah@gmail.com
Abstract—This paper is drawn from an ongoing research which
attempts to examine the socio-legal implications of the current
adoption of information and communication technologies (ICT)
on the delivery of the civil justice system of the High Courts of
Malaysia. Among the objectives of this research paper is that it
aims to critically examine the benefits and achievements of ICT
adoption in the abovementioned courts. This research also aims
to propose recommendations for the amendment to the relevant
statutes, improvement to the practice directions, and to propose
best practices and code of conduct in eliciting improvements to
the ICT adoption by the Malaysian courts. The research adopts a
qualitative method, comprising of the collection of primary data
(which involves field work adopting the case study design at the
High Courts of West and East Malaysia) and secondary data
(which involves library-based research). The primary data which
have been generated is analysed by using the computer aided
qualitative data analysis software ATLAS.ti version 6.2 prior to
reporting of the same. It is hoped that this research will
contribute to the body of knowledge on ICT adoption by the
courts of Malaysia.
Keywords- information and communication technology; ICT
adoption; courtroom technology; e-court; e-justice
I. INTRODUCTION
The information and communication technologies (ICT)
have connected people around the world in a way never before
envisaged [1] and recently have made its way to the
courtrooms. Numerous literatures point out the benefits and
potentials of ICT in changing the way people do their works,
for instance better access to the courts, better performance and
efficiency of the justice system, and better transparency system
on part of the courts. Hence, this paper discusses the
background of ICT adoption by the High Courts of Malaysia
and the benefits and improvements achieved thus far. The first
section of the paper discusses the research problem of the
study, highlighting the research question, the research
objectives and the scope of the research. The second section
describes the research methodology that is chosen for this
study, which involves both library based research and also
fieldwork, followed by the third section which reviews the
literatures on the concept and applications of courtroom
technology and its benefits and advantages. The preliminary
findings of the research are presented in the fourth section. The
paper concludes with the significance and the proposed
outcome of the study.
II. RESEARCH QUESTION AND OBJECTIVES
At the basic practical level, this paper attempts to address
the research question of: what benefits and achievements have
been attained following the ICT adoption in the civil justice
system of the High Courts of Malaysia. In this context, there
are two objectives to this research; the first is to examine the
benefits and achievements of ICT adoption in the civil justice
system of the High Courts of Malaysia. Another objective of
this research is to propose recommendations for the
amendment to relevant laws, improvement to the practice
directions, and to propose best practices and code of conduct in
implementing ICT in the courts.
III. SCOPE OF THE RESEARCH
Since the thesis of this research is to critically examine the
achievements of ICT adoption in the civil justice system of the
High Courts of Malaysia, the subject matter of this research is
the concept of courtroom technology. Based on the literature
survey and the current applications of courtroom technology
adopted in Malaysia as discussed in [2], [3], [4] and [5], the
discussion on the ICT adoption is in relation of the rules of
procedure, namely the Rules of High Court 1980 and the
provisions on procedures contained in specific statutes, the
rules of evidence, namely the Evidence Act 1950, the rules
relating to computer crimes, namely the Computer Crimes Act
1997, the rules of personal data protection, namely the Personal
Data Protection Act 2010, practice directions and the process,
practices and procedures of courtroom technology itself. In
addition, the focus is on the civil justice system of the High
Court level of Malaysia.
IV. RESEARCH METHODOLOGY
This research adopts a qualitative method, which engages
in both primary and secondary data. The collection of primary
data involves field work in which the data are generated from a
case study that focuses on two units of analysis representing
the High Courts, one being the High Court in West Malaysia
i.e. High Court in Kuala Lumpur, and another being the High
Court in East Malaysia i.e. High Court in Kuching, Sarawak.
The units of analysis for the case study and the purposive
sampling for the units of analysis are described in Fig. 1 and
Fig. 2 respectively.
The instrument that is used is face-to-face semi-structured
interview. The respondents are individuals involved directly
with the application of ICT at each of the courts, being the
This work is financially supported by the Ministry of Science, Technology
and Innovation (MOSTI) under the eScienceFund Grant No. 100-RMI/SF
16/6/2 (2/2012).
2012 IEEE Symposium on Humanities, Science and Engineering Research
978-1-4673-1310-0/12/$31.00 ©2012 IEEE 1233