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International Journal of Engineering & Technology, 7 (3.7) (2018) 202-205
International Journal of Engineering & Technology
Website: www.sciencepubco.com/index.php/IJET
Research paper
Developing Legal Framework for E-Court in Judicial De-
livery
*Nurul Aiqa Mohamad Zain, Wan Satirah Wan Mohamad Saman, Saiful Farik Mat Yatin, Abdul Rahman
Ahmad, Norshila Saifuddin, Wan Nor Haliza Wan Mokhtar, Nik Nurul Emyliana Nik Ramlee
Faculty of Information Management, Universiti Teknologi MARA (UiTM) Selangor, Malaysia.
* Corresponding author: *Nurul Aiqa Mohamad Zain: Faculty of Information Management, Universiti Teknologi MARA
(UiTM) Selangor, Malaysia.
Abstract
E-Court function is to manage electronic records in court. E-Court is expected to give such a lot of help for effective judicial delivery in
Malaysia. Thus, by this research the implementation of e-Court is going to be explored in order to improve the system at all courts in
Malaysia. This research applied qualitative case study methodology and data collection will be conducted at three units of high courts
and will interview the stakeholders of the e-Court system. This is a conceptual paper to explore the implementation of e-Court system in
Malaysian Judiciary, investigate judicial delivery issues in Malaysia and to propose a legal framework for e-Court in Malaysian civil
courts. The study reviews literature on e-Court system and surveys from Malaysia and others countries. Studies related to this topic were
analyzed and discussed throughout the paper in the context of implementation process, the judicial delivery issues and the future legal
framework to be proposed.
Keywords: E-Court, electronic records, judicial delivery, legal framework, Malaysian civil court
1. Introduction
Increasing amount of digital records and proliferation of infor-
mation in the digital environment has caused many countries in
the world begun to use digital evidence [1-2]. Currently, there are
a lot of systems that can be used to manage e-records with differ-
ent technologies and philosophies and they are available on the
market because they have a very strong demand and high frag-
mentation of the market. There are many evidences showed by
system developer, vendor and manufacturer that the business us-
ing a system within the transactions have to strive to find out the
best software to use and also understand about the factors affect-
ing the successful of the project implementation [2-3]. Among the
countries that develop the e-Court system is United States, United
Kingdom, Australia, New Zealand, Singapore and India. E-court
has been implemented and practiced in several developed and
developing countries in order to ensure the effectivity and effi-
ciency of the countries can be improved.
ICT adoption in all geographies surveys has been done by and it
shows that Malaysia is still in transitional stage but already nearly
achieve the advance stage [4] such as by having Court Recording
and Transcribing (CRT) system, the witnesses can save their time
and efforts while giving evidence from remote locations or even
overseas, which can improve the delivery of judicial delivery.
From the survey conducted, it can be seen that Malaysia‟s neigh-
bors such as Singapore, Thailand also in different stages which is
Singapore is in advance stage while Thailand is still in constraint
stages. In Asia, Singaporean government has the most success
story if compared to other countries such as Indonesia, Philip-
pines, Malaysia, Vietnam and also Thailand. Singapore is a bit
more advance from others in term of education and computer
literacy, thus it has been able to use IT effectively to streamline
business process and improve service delivery. E-Court is sup-
posed to be simplify business processes in court and utilize the
technology and system developed. Thus, lawyers can presenting
their cases through case management system which is more effec-
tive and witnesses are able to give evidence to improve the deliv-
ery of justice.
Legal records in judicial delivery is crucial and have to be man-
aged properly according to the requirements of the records man-
agement in order to deliver justice for the cases effectively. Ma-
laysian Former Chief Justice introduced the e-Court system in
October 2008 along with the “Court Backlog and Delay Reduction
Programme” (Court Reform Programme). E-Court system imple-
mented on March 1, 2011 adopted the concept of 'green courts'
[5], that is, little or no use of paper [6-8]. E-court system is paral-
lel to e-Government initiative to increase the convenience and
accessibility interactions for the information.
Problem Statement
No specific policies or procedures are available in managing elec-
tronic court records in the Malaysian Judiciary. A complete and
comprehensive policy and/or procedure is vital in order to ensure
the authenticity of e-Court records management. Moreover, if any
policy is not clear, this can create difficulties for the authorized
person.Implementation of system in Malaysia‟s judicial manage-
ment still had been frequently criticized because of the slow pro-
cess of judiciary system in resolving disputes [7, 9]. Datuk Razali
Ibrahim said, a total of 51,697 pending cases in the High Court,
Sessions Court cases 14,893 and 54,751 cases in the Magistrate's
Court [10].
Delays and backlogs of cases is still be a problem to the court
even when the usage of technology had been adapted to judicial