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Purpose This study aims to make some contribution to the process of corporate compliance governance in China. Design/methodology/approach This paper adopts qualitative method, literature research, case analysis and comparative methods to explore the Chinese compliance governance model in the field of collusive bidding crimes. Findings In the process of criminal prosecution of enterprises suspected of committing crimes, the judicial authorities should promote the restoration of normal production and operation of corporate enterprises by promoting the construction of corporate compliance, which is conducive to solving the difficult problem of attribution of collusive bidding crimes. In addition, corporate compliance under prosecutorial supervision is also conducive to optimizing the regulatory path of collusive bidding and achieving more effective prevention and control of unit crimes in the mode of co-regulation between the state and corporate. Originality/value Compliance governance corporate crime is at a nascent stage in China, and this study seeks to provide some reference for future compliance review governance in China through the analysis of specific business crime cases.

Purpose Corporate gift-giving and hospitality are some of the high-risk areas for corruption. This paper aims to see comparisons between the Malaysian Ministerial Guidelines and the UK Guidance and to analyse whether the guideline in Malaysia is adequate in dealing with corporate gift-giving and hospitality. Design/methodology/approach The methodology used in this paper is qualitative research which is based on data collection through online searches, legal databases, information obtained from articles, books, statutes and related government publications. Findings The findings show that the statutory guideline in Malaysia is immature, still not adequate, and lacks detailed regulations in determining gifts and hospitality as corruption (unclear boundary), as compared to the UK law which is more detailed. Originality/value This paper explains on comparison of corporate gift giving and hospitality practise in Malaysia and the UK based on the statutory guidelines.

Purpose The objectives of this study are to analyse the present Malaysian law regarding money laundering, to identify advantages and disadvantages of the current anti-money laundering law, to analyse its impact on the public sector and the private sector and to make recommendations on any improvements that should be made. Design/methodology/approach This study will use a qualitative method where the literature review method applies to collect primary and secondary data regarding anti-money laundering laws. Data has been collected from the various provisions of laws and text reading, such as books, articles, journals, law cases and thesis regarding anti-money laundering laws and those analysed with the content analysis method and the critical analysis method. Findings This study found that Malaysia has one law regarding anti-money laundering and they have control over individual and corporate entities in Malaysia. Originality/value This study found that Malaysia has one law regarding anti-money laundering and they have control over individual and corporate entities in Malaysia.

Liberalisation of financial services has benefitted Indonesia’sbanking sector from competitive advantages and economic growth. The ownership of private banking by foreign investors has given positive implications to the Indonesian economy. However, the increase does not augur well with the Indonesian political aspiration. Foreign investors hold almost 50% of the total number of Indonesian national private banks. The domination of foreign investors in Indonesian private banking is not consistent with Article 33 of the 1945 Constitution and Pancasila Economics. The discussion employs a doctrinal perspective. This article analyses and evaluates the relationship between national interests and foreign investment in the banking sector of Indonesia and whether the national development strategy is in line with the aspirations of Article 33 of the 1945 Constitution to increase Indonesia's participation in domestic banking. A historical approach is applied that involves an objective study of past facts, events, and institutions. This article finds that there is a need to boost the competitiveness of local participant through Indonesia’s development strategy. Besides, there are already mechanisms in place which allow Indonesia as a host country to increase participation while at the same time committed to the economic liberalisation and free capital flows for investment., {"references":["Singh, Ajit (2003) Capital Account Liberalization, Free Long-term Capital Flows, Financial Crises and Economic Development, Eastern Economic Journal, 29(2), 191-216.","Indonesia Constitution, 1945","Black's Law Dictionary Tenth Edition, Bryan A. Garner Editor in Chief, 2009, Thomas Reuters: United Kingdom, p. 1464.","Soekanto, Sand Mamudji, S. (1990). Penelitian Hukum Normatif Suatu Tinjauan Singkat (Normative Legal Research – A Brief Review),Jakarta: C.V. Rajawali.","Yaqin, A. (2011) Legal Research and Writing, Malaysia: Malayan Law Journal Sdn Bhd","Viotti, Paul R. and Kauppi, Mark V. (2009) International Relations and World Politics, 4 thedition, United Kingdom: Pearson Education.","Rudy, T. May. (2002) Study Strategis Dalam Transformasi Sistem Internasional Pasca Perang Dingin, Bandung: Refika Aditama.","Wuryandari, Ganewati. (2008) Politik Luar Negeri Indonesia di Tengah Pusaran Politik Domestik, P2P- LIPI, Yogyakarta: Pustaka Pelajar"]}

There is a growing call globally for corporations to improve transparency in corporate reporting, along with the surge of enhancing disclosure of non-financial information. Companies are seen as agents for contributing to a better future, and hence could assist in achieving the sustainable development goals (SDGs) 2030, via transparent non-financial disclosure. This review paper is premised on the fact that laws on non-financial disclosure may be useful in enhancing the transparency of companies’ conducts. Hence, this systematic review aims to synthesize the literature from 2014 to 2021 on the patterns and trends relating to regulations on non-financial disclosure in corporate reporting by companies. A keyword search followed by filters provided by the Web of Science Core Collection and SCOPUS databases resulted in a total of 369 documents being found. A total of 62 articles were reviewed after manual filtering and exclusion. A thematic review of these 62 articles identified 20 initial codes, which were then grouped into eight clusters: Directive 2014/95/EU, disclosure approaches, fiduciary duties of directors, stakeholder engagement, the effectiveness of disclosure regulations, the impacts of rules, the role of different actors and corporate accountability. The paper finds that the patterns and trends in the review set the path for future research on laws of non-financial disclosure, as they serve as a guideline for researchers for future studies.

Electronic shareholders’ meeting is a modern method of conducting a shareholders’ meeting. When it was first introduced, the corporate community was less excited to take advantage of it. This situation changed when the world faced the COVID-19 pandemic. When human movement is being controlled to break the chain of infections, companies see electronic meetings as an alternative to hold shareholder meetings. Whether it can survive as the new norm of the corporate world depends on various factors. This paper analyse three things deem fundamental in assessing the issue. First is the law that can be the basis of its implementation. The second is support from infrastructure. The third is the ability of shareholders to participate in it. At the end of this discussion, it is concluded that Malaysia has all three requirements as forwarded by this paper. As such, Malaysia may be considered ready to accept electronic meetings as a new norm in organising shareholders’ meetings.

State-owned Banks in Indonesia carry out supportive business activities based on economic democracy. Economic democracy is related to Pancasila Economics as enshrined under Article 33 of the 1945 Constitution. Article 33 defines the parameter of national interests in the banking sector to be consistent with the overall national interests of Indonesia. This paper examines and evaluates how State-owned Banks may sustain and play a distinctive role in protecting national interests in the banking sector. For this purpose, this paper analyses and considers some provisions that improve ordinary people’s welfare under the relevant laws as part of the strategic industry and conduct their activities according to the democratic principle of economics. The discussion employs a doctrinal approach. However, a historical analysis applies to studying past facts, events, and institutions. The paper finds that against the backdrop of open competition, State-owned Banks sustain by playing a strategic role in Indonesia’s banking sector, especially in terms of the dominance of the asset, mobilising public funds and channelling them back to the public. The success model of State-owned Banks underscores SDG 8, which promotes sustained, inclusive and sustainable economic growth, productive employment and decent work for Indonesians. At the same time, it epitomises the Indonesian way to achieve SDG 16, which promotes just, peaceful and inclusive societies based on the Constitution of Indonesia.

The concept of corporate governance has been introduced and developed to address financial scandals and corporate misconducts as experienced by various countries across the world. This paper discusses the recent development of corporate governance in Saudi Arabia. Saudi Arabia has amended its corporate governance regulation in 2017 for the purpose of promoting accountability, transparency and stewardship of investors’ capital. The methodology adopted in this paper is the content analysis approach wherein related literature was discussed and analysed, particularly the local laws and other relevant documents. The finding of this study reveals that despite the Saudi Regulation on corporate governance was amended in 2017 in order to cure the defect of the earlier Regulations; still, there are other pending issues that are not in conformity with the international best practices. Thus, addressing these identified issues will go a long way in meeting the objectives of the Capital Market Authority; reflect the conventional developments in the corporate sector and upgrades the Saudi Arabian corporate reputation.

In the past few years, there has been an increasing concern over the discrepancy of standards of the corporate governance amongst the developed and the developing countries since they affect their competitive advantages economically. In 2017, Saudi Arabia and Malaysia have amended their codes on corporate governance, in order to promote ethical behaviour, transparency, accountability and investor stewardship. In this paper, the researchers analyse the important features of these new codes of Saudi Arabia and Malaysia. They use a comparative approach to identify the advantages and limitations and also to determine areas for improvement. This paper finds that several transformations were already taking place in both jurisdictions. However, there are many areas that require continuous development, especially those related to the independence of the board, gender diversity problems, and impartiality in the decisionmaking process. The researchers suggest that many recommendations regarding the manner in which the two countries can address the loopholes and thereafter, improve their corporate governance codes in order to be on a par with international standards.

Syarikat sebagai personaliti undang-undang yang berasingan adalah bertanggungan dalam kes-kes jenayah selain daripada kes-kes sivil seperti melibatkan perlanggaran kontrak atau terbuka kepada liabiliti yang bersifat tort. Diakui masih terdapat masalah bersifat konseptual dan amalan dalam penerimaan pakai konsep ini. Terdapat dua kaedah utama liabiliti boleh disabitkan kepada syarikat; melalui liabiliti vikarius dan prinsip identifikasi. Selain itu, statut juga boleh mengenakan liabiliti secara terus ke atas syarikat tanpa bersandarkan prinsip-prinsip common law ini. Liabiliti jenayah korporat akan menjadikan syarikat lebih berhati-hati dalam menjalankan urusan seharian mereka untuk mengelakkan risiko pendakwaan. Malahan, terdapat liabiliti tertentu yang hanya boleh dikenakan kepada syarikat sebagai sebuah organisasi tanpa mengaitkan dengan mana-mana pengarahnya. Berdasarkan kupasan kes dan amalannya di Malaysia, dan perbandingan dengan kedudukan di United Kingdom dan Australia, adalah disarankan agar konsep liabiliti korporat diberikan perhatian serius untuk dikembangkan menjadi lebih berperanan demi meningkatkan tadbir urus korporat yang baik di Malaysia. Kata kunci: Tanggungan jenayah; tadbir urus korporat; prisip identifikasi; vikarius liabiliti; tanggujawab korporat ABSTRACT A company as a separate legal personality is liable in criminal cases as well as civil cases such as breach of contract or open to tort liability. It is acknowledged that there are still conceptual and practical issues in adopting this concept. There are two main methods of liability where company may be convicted ; through vicarious liability and identification principles. In addition, statutes may also impose liability directly to a company without applying the common law principles. Corporate criminal liability will make the company more cautious in conducting their daily business to avoid the risk of prosecution. In fact, there are certain liabilities that can only be imposed on the company as an organisation without associating with any of its directors. Based on the case study and practice in Malaysia, and comparisons with the position in the United Kingdom and Australia; it is recommended that the concept of corporate liability be taken seriously to be developed in enhancing its role to increase good corporate governance in Malaysia. Keywords: Criminal liability; corporate governance; identification principle; vicarious liability; corporate responsibility

Pembatalan Undang-Undang No. 7 Tahun 2004 tentang Sumber Daya Air (UUSDA) secara keseluruhan, berdampak kekosongan aturan pelaksanaan tanggung jawab pelestarian sumber air. Hal itu disebabkan UUP sebagai pengganti UUSDA tidak memiliki PP terkait dengan tanggung jawab pelestarian sumber daya air. Sebaiknya UUSDA tidak dibatalkan secara keseluruhan, tetapi hanya dihapuskan pasal yang dipandang bermasalah saja seperti pasal 3, 4, 5, dan 6. Sedangkan pasal-pasal yang lain perlu dipertahankan seperti pasal 21 UUSDA beserta peraturan pelaksanaannya karena masih relevan untuk dipertahankan. Agar wujudnya aturan hukum yang responsif yang dapat menjawab permasalahan hukum dalam masyarakat, khususnya kerusakan pada sumber air yang diakibatkan oleh aktivitas pembangunan. Water Resource Protection Responsibility Isue after the Nullification of the Art Number 7, 2004 ABSTRACT: The abolition of the Act Number 7, 2004 regarding Water Resource has impact on the empty rule of implementation. It result from the Act as the replacement of the Water Resource has had the Government Regulation relating the responsibility of the resource. It would be better if the Act is not changed totally however it deletes Articles having problems namely Articles 3, 4, 5 and 6. While other articles should be defended namely Article 21 of the Act and its implementing rules. In terms the realization of laws to be responsive would answer problem in society especially the destruction of the resouscer due to the development acitivities.

In Islam the dilemma whether an act is ethical or otherwise may be resolved by referring to the principles that are enunciated in the sources of the Shari’ah (Islamic law). Islamic business ethics, therefore, is based on these sources and provides an essential foundation in the making of ethical business decisions. Islamic ethics is known as akhlaq and together with its core principles which include ikhlas, zuhud, tawakkal, amanah, siddiq and ‘adl guide an individual to always do good and eschew evil since the aim of business is not merely to accumulate wealth but to bring about a just socio-economic order and to ultimately please God. Further, akhlaq and its core principles guide how business disputes are to be resolved and at the same time restore harmony between the disputing parties. In addition, the chapter demonstrates the application of these core principles within the context of an Islamic organisation.

The shareholders’ meeting conventionally is significant in determining the main direction of a company. However, since the separation of ‘ownership and control’, retaining the true purpose of having a meeting proves to be challenging. Modifications were made to the basic concepts of a meeting in order to meet with the demand of corporate practice. The question is to what extent the significant role of a meeting will subsist? This paper aims to address the issue by analysing the concept of a meeting and its development. In the end, this paper will reiterate on the importance of having a shareholders’ meeting.

This paper is an early attempt at examining the concept of directors’ duties with the aim to identify, to list and to analyse the laws which are incoherent or may suffer from practical problems due to inadequacies, or conceptual problems to the law. Such positions may be determined through case law studies, by commentators, experts and practitioners on the subject. The findings are useful in order to provide a list of inconsistencies between the teachings of the subject with problems in practices, for example by identifying why the good virtues as stipulated in theory may not be practical. The results obtained will be analysed and employed for teaching and learning practices in the form of mock trials, client counselling, mock board meetings, or topics for assignments, presentations, quizzes & tests etc. A more practical approach to the teaching of the concept of directors’ duties specifically and the company law subject generally may be developed accordingly

‘Innovate or perish’. Universities in this age have evolved far beyond the traditional settings where university was an institution for disseminating knowledge, but today university has been running the role of country’s innovation excellence where it has become a place for disseminating and producing knowledge as well as commercializing their research output which contributed largely to the country’s economic development. Thus this paper highlight the development of research university system in Malaysia which is still at infancy stage compared to RU in the United States and United Kingdom and analyse it’s policy and management procedure so that it can become a direction to other countries which are trying to develop their research and innovation strategies.