Asian Journal of Law and Policy

Front Matter

2025-12-01

Music Made by AI: How Does Indonesian Copyright Law Address This Issue?

Vicko Taniady — 2025-12-01

The development of AI has enabled the creation of musical works without direct human involvement. This phenomenon poses new challenges for copyright law in Indonesia. This research aims to assess the legal arrangements related to copyright, music, and AI in the Indonesian legal system. Furthermore, this research will also formulate the legal protection of AI-produced music. The research method used is normative law with legislation, cases, and comparative studies. The results show that Copyright Law in Indonesia has not explicitly regulated the process of creating musical works by AI but still focuses on creations produced by humans. The absence of regulations creates legal uncertainty for music industry players and AI developers. Therefore, the formulation of progressive and adaptive legal policies is needed to provide legal certainty and copyright protection for musical works that involve AI technology in the creation process.

A Literal ‘Till Death Do Us Part’: The Difficulties of Severing Marital Ties in the Philippines with No Divorce and the Court’s Struggle to Ease the Journey

Florian Kim Dayag — 2025-12-01

The Philippines, aside from the city-state of the Vatican, remains the only country in the world where divorce is not allowed to sever marriage and marital ties. Current law only allows certain remedies – annulment and declaration of nullity of marriage – which take time and resources to litigate. With a growing call to legislate divorce into domestic law, the lower house of the Philippines’ bicameral congress recently passed a bill, but the upper house does not appear to be receptive to the initiative, with several members even antagonistic to the movement. The judiciary then stands in a distinct position to be proactive in resolving disputes involving marital ties, but its attitude remains subject to the composition of the courts, although more recent approaches have been liberal. The paper tackles the current situation of divorce (or lack thereof) in the Philippines and the struggles of the people and the courts to navigate the perilous journey of severing marital ties in the country.

Addressing Child Exploitation via Deepfake Technology: Evaluating Malaysia’s Legal Framework

Phaik Nee Tan — 2025-12-01

The rapid development in artificial intelligence (AI) has led to the proliferation of deepfake technology. The advancement of deepfake technology has posed significant risks, particularly its significant threats to children through exploitation. This paper aims to examine the effectiveness of Malaysia’s current legal framework in tackling deepfake child pornography and to identify existing legal gaps. Despite the severe implications of deepfakes in facilitating child pornography and other forms of abuse, Malaysia currently lacks specific laws to address these pressing issues. Thus, this paper delves into effective legislative measures to tackle deepfake-related crime through a comparative analysis of the legal approaches in the United Kingdom, Singapore, South Korea and the European Union. By identifying the key provisions and case laws in these jurisdictions, this study proposes to reform Malaysia’s outdated laws to criminalise the parties liable for the crime and point up the need to adopt a robust legal framework to safeguard victims and deter potential offenders.

Detecting Structural Deficiencies in China’s Legal Framework on Multinational Corporate Commercial Bribery: Liability Gaps and Reform Imperatives

Jiao Ma — 2025-12-01

This paper systematically analyses the criminal, civil, and administrative liabilities of multinational corporations for commercial bribery under Chinese law. Using a dual-perspective framework, it examines China’s legal role both as a home country, regulating outbound bribery by domestic enterprises, and as a host country, addressing bribery committed by foreign companies within its territory. The criminal liability section assesses the application and limitations of Articles 164 and 393 of the Criminal Law. The civil dimension explores relevant provisions of the Civil Code, Company Law, and Anti-Unfair Competition Law regarding contract invalidation, unjust enrichment, tort damages, and managerial responsibility. The administrative part evaluates enforcement powers under the Anti-Unfair Competition Law, including fines, disgorgement, and business licence revocation. The paper identifies structural deficiencies in China’s legal framework, including fragmented enforcement, insufficient compliance incentives, and limited extraterritorial jurisdiction. Through comparison with the United States Foreign Corrupt Practices Act and the United Kingdom Bribery Act 2010, it argues that China’s current approach remains largely punitive and reactive, with inadequate emphasis on preventive and coordinated enforcement. Rather than proposing specific legal reforms, the paper adopts a doctrinal and comparative methodology to expose institutional weaknesses and provide a theoretical basis for future reform-oriented research.

Anti-Hopping Law in Malaysia: An Analysis of the Legal Framework and Enforcement Mechanisms

Muhammad Azwa Danial Norzlee — 2025-12-01

Anti-hopping law was introduced in Malaysia through a constitutional amendment referred to as the Constitution (Amendment) Act (No. 3) 2022. The objective of this law was to prevent elected representatives at both the Federal and State levels from engaging in party-hopping. Despite the enactment of this law, issues have emerged due to the loopholes within the legal framework and the mechanisms for its enforcement. The provisions outlined in the Federal Constitution concerning situations leading to seat vacancies give rise to ambiguity and debate. In addition, the variations in the Speaker’s decisions regarding seat vacancies also call into question the efficacy of this law. These issues have led numerous elected representatives to exploit the vulnerabilities inherent in this law. The article analyses the legal framework of the anti-hopping law in Malaysia as well as Singapore, and New Zealand for comparison. It also discusses the enforcement mechanisms of the anti-hopping law in Malaysia, as well as proposes recommendations aimed at enhancing long-term political stability in Malaysia. There is a need for a responsible political environment to encourage greater public participation in elections, fostering a more inclusive and democratic Malaysia where every citizen's vote truly matters.

Ensuring Beneficiaries' Rights and Legal Protection Through Strengthening Downward Accountability in Waqf Management: A Shariah-Legal Analysis of the Stakeholder Theory

Habeebulah Olawale Alawiye — 2025-12-01

This research explores how stakeholder theory can enhance the protection of waqf beneficiaries’ rights and ensure their legal safeguards through strengthened downward accountability. It reconciles traditional Islamic practices with modern governance principles to improve transparency and beneficiary involvement in waqf governance. The study employs qualitative doctrinal methods, utilising Islamic jurisprudence and legal theories to analyse the rights of waqf beneficiaries, with an emphasis on fiduciary duties, stakeholder accountability, and the need for mutawalli’s legal obligations to implement downward accountability. Findings show that integrating stakeholder theory into waqf management can effectively balance the interests of multiple stakeholders, including waqf beneficiaries. Implementing this principle can enhance accountability, fostering better socio-economic development and protection for waqf beneficiaries. However, addressing power imbalances between the mutawallis and waqf beneficiaries, exacerbated by the lack of a legal requirement for downward accountability from the mutawallis, is essential to ensure the complete protection of beneficiaries’ rights and the efficient and transparent operation of the waqf system. Thus, this study proposes a beneficiary-centric model of waqf governance rooted in stakeholder theory and aligned with Islamic principles, emphasising the need to prioritise beneficiaries’ interests in waqf management and addressing potential challenges to their fulfilment. The research proposes the need to impose enforceable obligations on mutawallis to be accountable to waqf beneficiaries under their management

The Legal Challenges of Artificial Intelligence in Transportation & Healthcare: Negligence under Malaysian and European Law

Jessica Sinnappan — 2025-12-01

This paper explores the legal issues raised by the integration of artificial intelligence (AI) in two key sectors: transportation and healthcare. It examines the historical development of AI and the emerging legal challenges surrounding AI technologies. As autonomous transportation evolves, this paper traces its roots from early automotive advancements to modern AI-powered vehicles, emphasising the legal implications. In healthcare, the adoption of AI in diagnostics and treatments raises questions regarding liability when mistakes occur. This paper delves into the issue of whether AI systems should be granted legal personhood, entitling rights and responsibilities akin to humans. It also discusses the complexity in the law of negligence, particularly determining the duty of care and breach of duty of care involving autonomous systems. This paper also justified that liability should rest with the human agents involved in the creation and deployment of AI technologies due to their lack of personhood and capacity for moral judgement. A qualitative research methodology has been adopted to undertake in-depth research on case laws and regulations made on civil liability involving AI. The findings underscore the necessity for the legal framework to adapt evolving AI landscape, ensuring accountability while fostering innovation in both transportation and healthcare sectors.

Influence of Religion on Modern Piracy: A Socio-Legal Analysis

Kalu Kingsley Anele — 2025-12-01

Research suggests that piracy is linked to religion through politics, ocean security and trade. Pointedly, it appears that terrorism also links piracy to religion. However, studies analysing piracy have neglected to explore it. This article uses a doctrinal legal methodology to examine the linkages between piracy and religion. It shows that from the classical era through the golden age to the modern era, piracy and religion are intertwined, and terrorism appears evident in the process. This is revealed in piracy in Southeast Asia and the Gulf of Aden. The article argues that piracy and religion linkage presuppose a forceful and violent control over people’s lives for economic, security and political hegemony. Thus, terrorism, in some cases, becomes a conduit through which piracy and religion are joined. Given the importance of technology in criminal acts, especially in communicating, recruiting and locating targets etc, the use of social media becomes key in terrorising and hijacking vessels. Consequently, the article suggests a sociolegal strategy for curbing piracy by enforcing antipiracy legislation and using social media to reaffirm the significance of religion in crime reduction, including piracy.

Artificial Intelligence in Blockchain-Based Energy Markets: Regulatory and Technological Perspectives

Karisma Karisma — 2025-12-01

The move to phase out fossil fuels has become a global priority, driven by the pressing need to address climate change and promote sustainable development. This shift is transforming energy systems from traditional centralised models into dynamic peer-to-peer (P2P) marketplaces. In these new ecosystems, prosumers emerge as active participants who autonomously trade energy while leveraging distributed energy resources, fundamentally changing how we produce and consume power. At the forefront of this shift is the powerful combination of artificial intelligence (AI) and blockchain technology in P2P energy trading. Together, these innovations are reshaping decentralised energy systems, creating more scalable and resilient energy networks that grow from the ground up. This raises a crucial question: Can AI in blockchain-enabled peer-to-peer energy trading systems bring revolutionary transformation in decarbonising energy landscapes? As we explore this possibility, we uncover the remarkable potential of these technologies to fundamentally alter the energy sector while acknowledging both their promise and their challenges. The rapid progress of AI in this field presents a modern version of the tortoise and hare paradox. While technological innovation races ahead at breakneck speed, regulatory frameworks struggle to keep pace, creating growing gaps between what is technically possible and what is legally permitted.

Legal Challenges and Evidentiary Barriers in Determining Copyright Infringement by Generative AI: A Taiwan-Centred Analysis

Jia-Yi Wu — 2025-12-01

This study examines the evidentiary challenges in copyright infringement litigation involving generative AI technologies under Taiwan's legal framework. Drawing from the operational mechanisms of large language and diffusion models, it explores the difficulty copyright holders face in proving substantial similarity or unauthorised reproduction when AI developers refuse to disclose training datasets. The paper analyzes two high-profile US cases: Andersen v Stability AI, where the court partially dismissed the plaintiffs' claims due to insufficient factual allegations regarding compressed copies and third-party use, and The New York Times v OpenAI and Microsoft, in which plaintiffs submitted outputs from ChatGPT and Browse with Bing that closely resembled original copyrighted articles, suggesting potential infringement of reproduction and derivative rights. These cases illustrate both the legal uncertainty and the potential for novel evidentiary strategies. The paper argues that prompt engineering--crafting input commands to provoke infringing outputs--may assist plaintiffs in building stronger prima facie cases. Finally, the paper proposes legislative reform by introducing a statutory licensing scheme specifically tailored to AI-related uses in Taiwan, aiming to reduce the evidentiary burden on authors and ensure fair compensation.

Empowering Malaysia's Islamic Social Finance System: Integrating Zakat Management Through Financial Technology

Al Jeffrey Haqim Mohd Azman — 2025-12-01

State Islamic Religious Councils (SIRCs) play a pivotal role in managing and regulating Islamic affairs in Malaysia. According to the Second Schedule, Ninth Schedule of the Federal Constitution, SIRCs are constitutionally empowered to manage zakat collection and distribution. As the nation strives toward financial inclusion and economic sustainability, Islamic social finance (ISF) emerges as a critical pillar. The national digitalisation agenda facilitates these ambitions. SIRCs are responsible for ensuring the socio-economic development of the asnaf (eligible zakat recipients). However, there remains an inconsistency in zakat and waqf management across different states in Malaysia. Legally, zakat falls under state jurisdiction, as enshrined in the Constitution, resulting in non-uniform systems nationwide. Moreover, this study examines the potential of financial technology (FinTech) in zakat operations. Using doctrinal research methodology and secondary data from reputable sources, this study proposes strategic approaches to strengthen ISF systems through digital integration and advocates for a harmonised legal framework. The findings aim to contribute to the development of a more robust Islamic social finance system in Malaysia.