Sources

Next, Judicial decision or adjudication means judge-made laws (Abdul Roshid

Moten and Syed Serajul Islam,2020). In general, a judge did not have authority to
make a law because it was the responsible of legislature. While, in certain scenarios
which the judge does not find the appropriate law to deal with the case, so they are
allowed to make a new law to deal with the situations. The situation may be a new
type of accidents, crime or others that did not have any specific or related rules.
However, the law making cannot be against to the constitution. In Malaysia,
Malaysian High Court judges have proceeded on the notion that one High Court
decision is not bound by another High Court decision. However, the judgement of
another High Court may provide persuasive precedent but is not binding.

Last resource is jurist’s writing. A jurist is a person who has proper knowledge
about the structure of the legal system. Jurist’s writing means the writing of great
jurist and scholars (Abdul Roshid Moten and Syed Serajul Islam,2020). As a general,
it refers to anyone having knowledge and expertise in the field of law who are usually
lawyers or judges that already possess professionalism and solid legal knowledge.
Nevertheless, they also need to engage in legal research, drafting legislation and
writing about legal issues to ensure their ideas are acceptable. For example,
Professor Emeritus Tan Sri Ahmad bin Mohamed Ibrahim, Islamic legal figures in
Malaysia and Singapore have written a book named “Sistem Undang-Undang di
Malaysia”, still used and valid in the legal system until today. (Ahmad Nabil Amir,
2022)
3.(a) Functions of law

Law was developed to keep the peace. Society would be in crisis if people
were to let loose without any constraints and prohibitions that relate to unjust or
immoral practices. In order for civilizations to exist, human behavior must be
governed. Furthermore, the law establishes the minimal norms of the code of
conduct and the standards required to be a number of a society or community. For
example, “parents of pupils who have been bullied have the option of pursuing
criminal legal action and suing the accountable party, which includes the school”
(Professor Dr. Nik Ahmad Kamal,2021). Law also plays role in resolving disputes by
penalizing lawbreakers. As a result, the law seeks to defend people’s rights and
freedoms. Thus, laws serve a variety of purposes that should be known to all people.

First and foremost, the function of law is definitely to the preservation of law
and order in society. Laws are directions that control and regulate human behaviour
as well as standards of conduct in order to maintain order. They are designed for
individuals within an area to obey. Laws are also essential for maintaining a country’s
peace. Many countries have a broadened population. If the same legislation is
enforced on the whole population, regardless of their variety, various needs, or
differences in perspectives, it will lead to conflict. As a result, laws are developed to
meet the demands of various segments of society and to aid in maintaining of
national peace. For example, the government introduced the Children’s Act 2001
(Act 611), (Bernama, January 27, 2023). It showed how the government react to the
issues that happened immediately in order to maintain the peace.

Next, the function of law is for human rights protection. There is no use in
having a law that does not act to protect and secure people’s rights. The rule of law
exists to maintain order and benefit society. They are written to address people’s
wants and requirements. In situations of crime, laws penalize offenders to guarantee
that people’s basic rights remain protected and to set an example to maintain
security. For example, on June 3 2021, Umar Faruq Abdullah, a lorry driver was died
at the South Klang District in police headquarters in Selangor. He founded dead a
day after the police arrested him for stealing a gas cylinder. So, this issue brings
anxious to community towards police officers as well as this issue appears to be
political in nature. Hence, one of the most basic functions of law is to encourage and
protect human rights.

Besides, the function of law is for national security and public safety. By
having law, the authorities can arrest persons who commit or suspected committing
an offence, as well as to stop and search without a warrant any receptacle
suspected of containing explosives, firearms or ammunition. For example, report in
Mac 14, 2023 written that a man was arrested for the second time for smuggling
vape liquid worth RM 150,000 into a neighbouring country in Op Bersepadu. It
showed how important of the law in order to ensure security in Malaysia.

Last but not least, the function of law is for social change. Most thinkers agree
on the function of law in modern society as a tool for social transformation. Law
allows for organised, planned and directed transformation in society. Law’s flexibility
allows for significant freedom in order to adjust to change social situations. In
addition, social transformation occurs in line with advances in technology.
“Technology is getting advance, but changes in aspects of the country’s law are still
low. Some of them have been inherited since the British colonial era, so that
dependency in the current legal context is increasingly irrelevant” (Dean of the
Faculty of Law of the National University of Malaysia (UKM), Professor Dr Nazura
Abdul Manap). Hence, if the law is inflexible and unchangeable, it may fail to adjust
to changes on their own, which may cause disappointment and unhappiness among
the people and even lead to violence or revolution.

References
Islam, A. R. (2020). Introduction to Political Sciences. Selangor, Malaysia: Cengage Learning Asia Pte
Ltd.

Islam, A. R. (2020). Introduction to Political Sciences. Selangor, Malaysia: Cengage Learning Asia Pte
Ltd.