Negara Demokrat dan Demonstrasi Awam #LAWAN

 Malaysia

It has been 2 years of Malaysia has been in this endless pandemic which is a really tiring and hopeless situation for all of us. The different situations for both privileged and underprivileged society status in this country. Everyone handling this with so many different ways to coping with life unpredictable situations which a very humane of us. but sadly, there are huge numbers of suicidal reported by the media itself and other non-reported numbers which we never know because suicidal and mental health courses are still taboo for many Malaysian here. 

What is actually happening

The political situation has always been a big issue in a lot of countries. I mean, it is the main thing in every country, right? the main which decides how the authority handle and manage inside the inter-relation, inter-country and other political movement and agreement that sure something a lot to talk about here. but what to focus on today is Why Malaysians are so mad about and What actually the problems? 

As we all know, the Parliament just open to convened this week which is on the 26th of July, which means they had just started all the interstate discussion which should be on the issue brought out by the citizen towards the people's representative inside the parliamentary debate but for those who really watch and observe how they bring and discuss , only frustration is the highest mark of all outcome. 

To list a few, a lot of people lost their job, a lot of people don't eat enough in their homes, politician restriction on NGOs who initiate the BENDERA MOVEMENT initiative, the politician who doesn't observe their responsibilities towards the country, the rate of patients in the hospitals, the Hartal Doktor Kontrak, the not fixed regulation in SOP and movement restrictions, ways of them handling economic issues, and many more I cant put all in just one writing. almost like saying, our own rights have been taken off by our own people (politicians)

#LAWAN

Lawan is the public demonstration around the KL area done yesterday (31st August). The demonstration was held by NGO activists to burst out inner anger towards the authority. But is this even necessary to be done within this Covid-19 restrictive movement? This can be widely discussed by all. From what I read online, there are still people who do not agree with this movement because they are worried about the spread of viruses that can be happened due to no SOP taken care of by the riot. They also concern about the no adab by the riot. Funny cause, who do riots with sopan santun? hahaha.

My opinion here, if you really think of law and justice, none will keep silent about this chaos. If you really open your eyes about how suffering the people of the country are right now, you will understand why people choose that way of demonstration. if you really care about how the police are abusing our own people and silently do racism and discrimination in the custody, you will let people who are brave enough to go forward instead of being the person who gives unsolicited critics but also beneficiating from the outcome given from the demonstration. 

The people who do not understand the real motive of public demonstration it is okay if you do not have a good picture of what it actually is but for those who hentam with irrational and unsolicited critics should observe their way of thinking regarding these issues. The reason our political manner never change is that there are still many who does not have put angst interest towards the change our country should have as to save the beloved Tanah Air from continued manipulated by the hypocrisy and corruption handled by them. People who arrogantly ignore the benefits and importance of riot demonstrations give reason and blind power toward the politicians which easily abuse the power enacted in the law. As in their mind, there is still a majority who is stupidly obedient towards the corrupted authority when all they had done is oppressing us. Let us think, why the government do not have the interest to change their style of leadership? It is because not many have interest to push them hard to change their political movement. Duit suap, Duit bawah meja, Tanah melayu di jual secara senyap, Hutan habis ditarah untuk suapan keturunan sendiri dan tak lupa juga para politikus yang senang lenang sebab tahu kedudukan dan wang tak akan terjejas sebab masih kuat sokongan ke atas beliau. 

STOP SEE RIOTS JUST FROM THE SIDE OF THE MEDIA. THE MANIPULATION AND ONE-SIDED OPINION HAVE ALWAYS BEEN THEIR GAME. ESPECIALLY THE ONE WHO WAS PAID BY THE GOVERNMENT TO COVER UP THE NORTH OF TRUTH. 

We all must stop giving so many powers to tyrants, stupid leadership and oppressors. Be a better citizen. Covid-19 has been around for 2 years but these governments and political issues have been going on for 64 years since this country was handled by them. WE have always been governed by Article 10 of the Federal Constitution. That is the power we always have. Everyone has the right to speak, has the right to go for public demonstration and has the right to fight for their own rights. So go for it. 

"LAW NEVER OPPRESSING US, BUT THE ONE WHO IGNORES THE LAW IS THE OPPRESSOR"

Here, I speak for the death of numerous racist abusive custody, for the illegal custody of journalists and activists and for the underprivileged people we all always care of. To speak as much as I can is never cover how much abuse of power had been done towards this country. Angry is the emotion for one who cares for the country. THIS IS THE EMOTION OF THOSE WHO CARE ENOUGH FOR THE ONE THEY LOVE. #riot #lawan #benderahitam

Sexual Assault in Malaysia

What is Sexual Assault? 

Sexual assault is an act in which a person intentionally sexually touches another person without a person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug-facilitated sexual assault), or the torture of the person in a sexual manner. - Source: Wikipedia

In easy translation, sexual assault is the act of a person engaging with sexual intention no matter on touching, act on penetration or even verbally without consent from another person. A non-mutual action. 

In the law of Malaysia, sexual assault generally, can be charged under section 376 on rape, but rape is on basis of there is proves on the penetration of penis in women vagina. As to this, there is no specific definition or legislation on sexual assault but authority can charge on basis of:

source: Women's Aid Organization

Situation On Sexual Assault

Based on the graphic above, we can see the situation where the law can take action upon whom act based on how the act stated: (follow the chart flow above)

1. Section 354 PC- using FORCE that outrage modesty

2. Section 375A PC- husband HURTING the wife to have sexual intercourse 

3. Section 376B PC- incest (pre-marital sexual intercourse) 

4. Section 377c PC- AGAINST natural sex intercourse 

5. Section 11 SOACA- COMMUNICATING sex with child

6. Section 12 SOACA- child GROOMING

7. Section 13 SOACA- INVOLVED in sex grooming

8. Section 377A- doing sex with OBJECT

9. Section 377D- act AGAINST moral

10. Section 377E- INFLUENCE CHILD to act against moral practice

11. Section 31 CA- SEXUALLY, ABUSING, PERMITTING abuse on child

12. Section 14 SOACA- PHYSICALLY sexual assault on child; touching private/sensitive parts

13. Section 15 SOACA- NON-PHYSICAL sexual assault on child; mind influence on sex i.e conversation/ force to watch porns

Opinion on sexual assault

I joined a chatroom in the clubhouse where they discussed topics on sexual assault in Malaysia. The panels come with persons who work in the legal field, influencers & doctors. A very engaging, diversity and casual yet fun discussion. 

Generally speaking, sexual assault not only happens to women but also to men and children. There is no discrimination in crimes. Statistically, there is a lot of sexual assault towards men but only a few cases are reported. This is a sad reality of toxic masculinity. Where men can be called weak or have no self-defence towards their own hopeless situation. Also, there are many cases of sexual assault in the workplace. For workers, they have specific authority for us under the Employment Act. Again, there is no gender discrimination in sexual assault. 

Shariah in regards to the action of rape is under the law of hudud. But somehow on the matters of sexual assault ulama' regards it under ta'zir. Ta'zir is where the offence is mentioned in the Quran or hadith but the punishment making depends on the authorities, as there is no specific punishment mentioned in the Quran or hadith. Thus, need to keep in mind that how each country settles this issue is different from one another. Malaysia is one country that implies a midway among Sudan & Brunei Shariah Law. Thus saying Civil law has to do its job in protecting all citizen regarding sexual assault as this is the law governs by our country. 

First before we go into a deep discussion let us have a grasp view of how a victim should act if any of these happens to them. 

1- Police report. Remember to use legal terms like in process of divorce for situation where there is force in sexual intercouse by husband. 

2- Do medical report. *the very very very crucial & important* steps as this will be your legal report to prove the court. Straight away go to any near hospital to do medical investigation. Never change clothes, wash or remove anything after the situation. Any hair strands or saliva is important. 

3- Have a trustable witness even the person who caught you crying due to the traumatized situation. 

Society's view

Talking about sexual crimes can still be taboo among some of us. This is a very worrying issue as in today's generation everyone is accessible to just one click on the palm which is gadgets. From the child until the oldies, everyone is open to many accessible dark websites- Porn. 

Porn is like drugs that killing humans from within by attacking us psychologically. How porn artist act excessively give a view of unhealthy sex side from the misguided view and purpose of sex. Child under age of 18 also who is easily influenced by the media and has less or not enough capacity to self resist from this media drugs. Rationally, when family regards healthy sex discussion is taboo, children who have open access to anything including underlying sexual graphic advertisement will have blind learning and have no option to think otherwise. 

When we talk about sex and children well-being, we always thought about sex education. Don't be surprise if I say there is still a lot of against and backlash when the government wants to issue this matter in the parliament. But the increasing incest among youngsters is a very worrying issue. I think I should say sexual education is not only adult matters but everyone matters. by this, only parents can take effective action to make sure their children are safe from involvement in sexual crimes 

Parents are the root of small family. If not the education sector taking effective action on this matter, parents are the ones who should walk the talk first. Everyone can simply say everything starts at home but do we all really work on it. As parents, they need to be cautious about any change in their child's body and emotions. Never takes lightly what the kids trying to say. Educates them with the body right on private parts and teach them right terms of private parts to make sure when they encounter any unwanted situation we know what actually they want to say and feel. 

Victim is Victim and Crime is Crime

There should not be any victim-blaming when in the situation everyone knows victims is the one who been hurts and criminals who had act upon the crimes. But on the side not, we all must understands that in legal procedure as long as the court not making any judgement, there will never be a definite position who is the victims and criminals. But we know if any of such situation happens, there must be the one who starts it and the one who been put under triggering situation. Not denying a lot of facts also possible to be sweep under the carpet, but rationally, victim blame will never bring us to any good. As to the most controversial issue- THE CLOTHES. 

There is a lot of issues discussed around the internet about clothes that are worn by women, the situation women expose themselves in and many more. But the question is how actually this can be a real matter when a child who mostly been rape, assault wearing only pyjamas and long sleeves become the victims in most stories. 

Men and society needs to understand that other than they influenced by drugs when doing this, non-influenced men also can act on sexual crimes. There are 4 stages of crimes:

1- intention

2- preparation

3- attempt

4- commission

Generally, when a person passes the second stage, they can be charged with criminal activity. Speaking of this I believe that everyone can understand how a person who wants to commit crimes has ampoule time to cancel out their intention regardless of how the situation they are in except for one who is under influence, their punishment may be reduced as they excepted from the first and second stage. 

Limitation Of Implimentation

Regarding the law, there still a lot of improvement that needs to be done. On the surface, there are still many bills on matters of sexual harassment still is pending. For example there still no specific definition of sexual harassment in the act or statutes yet the limitation of this protection are common in criminal, labour and administrative. 

Generally, even there is a specific act like the employment act that stated about the sexual harassment they still up to limitation. When a rapist or sexual assault done by a man under influence like alcohol or drugs, they can be free from a full charge. This sounds not fair in my opinion. 

Well known that not only matters of the pending amendment, but also in matters of making law takes a lot of time especially in the administrative part, they take months to finish and publish the amendment on existed law. This is due to the responsibility of the interpretation law to check all the small error like commas to make sure how the law will be read is exactly as how the parliament intended it to be. 

Never Settle For Less

The final outcome I get from the talk is there still a lot of room for improvements must be done to settle such kind of problems no matter from the society, government or even the non-profit organization. We have left so far behind on this issue. Other than the issue of law implementation, a societal issue like victim-blaming need more awareness to help them with a better understanding of how actually such a situation happens and a very triggering to the victims. Unnecessary pressure needs to cancel as how they practice "cancel culture". All we need is respect for each other and know our boundaries and limits. Wrongdoers who using "uno switch card" will not help anything but making the situation become far worse. We all are responsible for our own actions.

I really hope our generation can make a change by simply doing small gesture for example keep sharing and pushing on social media platforms. Never stop sharing as by doing so that is how we keep pushing the authority to make quick amendment and actions for a better country peace. 

Fake News and Media Bias

 What is media literacy?

As we were children, we were told about kid's fiction stories like the little red hood. Each of those stories brought their very own moral values, even so, fiction is still something an adult create to feed the children's mindset so they can live life as a child, full of wonders. But as they all grow up, they knew all those stories are just- lies. It is hard now for them to tell otherwise. 

As an adult now they start to listen to media and news. The modern platform which everything happening around the world been told. But how does this making us fed? How does all of the news told to us are really the truth and only the truth been told? As the growing number of internet users years by years has been calculated statistically, most people now know the current issue through social media. The platform like Facebook, Twitter, and Instagram are the most popular application nowadays. But do we click the link to the head news they just read or the havoced headlines making us feel enough to know everything and the whole situation? This is a very concerning issue everyone should take into accountability. 

Fake news and media bias

To make everyone understand on grasp, fake news is half lies/lies. While media bias is influenced by information. 

Fake news gives overlap in between falseness and intent to harm. Disinformation is the in-between them. 

Falseness is the misinformation with unintentional information given to the readers. Disinformation is the fabricated information that readers might get caught into lies whether the information given was misinformed or malinformed. Malinformation is the worst in which the news has the abuse of private information. 

Media bias is the influenced information likely by ownership, sales, and ideology. Ownership is where the head of the department ask or direct the writer or editor of the daily news to write based on his idea. We call this payroll bias. The second is clickbait news for the sales. In which the news sold for the sales of the company. Clickbait used to catch the readers' attention so they can get their or a third party's business to raise up. There is case study on this matter which there bias in news some example is in coverage and tone in GERI (refer: the hotdog 2.0) and ownership of mass media companies (refer: who owns mass media Malaysia- the H Market & media prima, ASTRO; stakeholders/interest). 

Another way how media package or present the information is by framing. This way of media presentation only showing what they want us to see instead of what we need or the reality of the news. 

What is media literacy?

In simple meaning, tackling the way we perceive the news or information in the news we read. First, we need to understand the news. Second, we need to be skeptical. Media skepticism is the attitude of questioning and doubting the news first, especially the conspiracies one instead of trusting it blindly. These ways of self-improving will help us to be a smart and better internet user. 

S.U.R.E AHH? 

What is S.U.R.E AH? This is basically an acronym for us as the internet user on the news we have in our hands. Instead of accepting it at first read, we can look for something else as a way to make sure the news is not "manipulating" the readers. 

First, the S. S is for Source. Source can be in ways political, sketchy, and a mere opinion. If we are able to cross-check the news we can at least educate ourselves to not blind trust. The source that has these branches can be a piece of manipulative news or biased news as it basically what the writer wants us to read or what we need to know. 

Second, the U. U is for Understand. Understand the news is one of the ways to not misunderstand the content in the news we had. We can misunderstand the news if we do not read them carefully. If we misunderstand the news, we can be lied to by false truth. 

Third, the R. R is Recognising the news. Don't we all have this experience where the news headline has catchy wordings with misleading pictures that not even connected to what really the news brought. Usually, these can be in tabloid and established paper. A tabloid is where the news happens to have those catchy phrases which more to gossip worth wording such as giving people to misinterpret the content. This actually can be harmful because most of us do not even click on the news' link given to the headlines. As the users scroll through the applications' feed, they just stop by for few seconds to read the headlines before continue on scrolling down. Establish paper is one that usually gives the direct news but not always the case as there still some newspaper companies that influenced by third-party companies that usually one of the stakeholders. 

Lastly, the E. E is emotions. Emotion is how we reacted to the news after we reading them. Our emotions can lead to the spread of misinformation throughout the internet. Platforms like Twitter, Facebook, and Instagram tend to mislead people when some of us re-write the information we got in irrational emotions. Without fact check, this can be harmful to most of us readers. 

(reference is an example of what media showing us and what the reality we behind the picture media had shown)

Findings

So next time we read the news, we need to understand that there risks if we blindly trust the information we have in our hands. Using S.U.R.E AHH acronyms can help us to practice media etiquette better and indirectly helping our internet usage experience getting better. 

That is all from me, i hope to see all of you soon again. 

source: "Fake News and Media Bias" Seminar by Benar Betul, @benarbetulmy (instagram) and Democracy Discourse Series, @dds.malaysia (instagram)