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INTRODUCTION
Governments in all OECD countries increasingly face the challenge of responding to public
demand for more responsive, efficient, effective and participatory government. E-
Government – ―the use of information and communication technologies, and particularly the
Internet, as a tool to achieve better government‖ (OECD, 2003) – provides a major tool to
help meet this challenge. In the 1960s and 1970s, Information Technology (IT) was used to
automate the processing of information. In the 1990s, early e-government initiatives enabled
by Information and Communication Technology (ICT) focused on the production and
dissemination of information over the Internet resulting in a huge number of government
Web sites with static information. With a decade of experience in developing more advanced
applications of ICT to the business of government, it has become evident that the tools of e-
government can significantly assist in developing good and responsive government that
provides better value and lower cost. Governments face many challenges in using e-
government tools:
● To create a government that is responsive to the needs of its citizens.
● To develop processes and electronic services (e-services) that bridge the silo environment
of government agencies.
● To use the Internet to promote citizen feedback on government services and policies, and
ultimately to promote trust in the public sector.
The OECD report The E-Government Imperative (OECD, 2003) presented the case for
implementing e-government in terms of its potential impact on efficiency, service quality,
good governance and policy effectiveness (see Table 0.1). This second e-government report
focuses on user-focused services and arrangements to front- and back-office operations
needed to maximize value for citizens and businesses and to reduce costs. The report does not
address transparency, accountability, consultation and public participation. These important
areas of governance – and the enabling role of ICT – have been addressed in earlier reports,
including Citizens as Partners: Information, Consultation and Public Participation in Policy
Making (OECD, 2001) and Promise and Problems of e-Democracy: Challenges of Online
Citizen Engagement (OECD, 2003). Together these reports present the overall OECD
approach to its countryreviews of e-government (OECD e-Government Studies: Finland
(2003); Norway (2005);Mexico (2005)). The transparency and accountability aspect of e-
government isalso being addressed through ongoing work of the OECD E-Government
Projecton e-procurement and the cost-benefit analysis of e-government.
E-GOVERNMENT
From meetings and discussions with OECD countries in 2003 and 2004, itis clear that the
implementation of ICT techniques and particularly using theInternet as a delivery channel for
services should become an important meansfor changing what government does and how it
does it. OECD countries haveidentified five areas for achieving better government with the
help of thesenew tools:
● User-focused e-government: making electronic services more responsive tothe needs of
citizens and businesses.
● Multi-channel service delivery: improving links between traditional andelectronic services
in order to promote service innovation and ensure accessfor all users.
● Approaches to common business processes: identifying common processeswithin
government in order to achieve economies of scale, reduceduplication and provide seamless
services.
● The business case for e-government: measuring and demonstrating thecosts and benefits of
ICT investments in order to prioritize and bettermanage e-government projects.
● E-government co-ordination: bringing a whole-of-government perspective to e-government
initiatives and their management, while taking into account existing structures and cultures of
government institutions.
Traditionally public administrations have been organized into bureaucracies charged with
handling a regulatory or sectorial area, producing and processing forms, and providing
specific services and products. The leading principle for a government that is responsive to
citizens and businesses is that it be focused on user needs and assist in solving user problems
regardless of its own structures. ICT offers a way to break out of the silo environment of
public administrations, but must do so in a way that reduces cost for government even as it
increases value for users.
While there seems to be consensus among OECD governments as to the importance of a
focus on users, finding out what this means and how to achieve it is a major challenge. This
report discusses what countries need to do to achieve user-focused government. Bringing
services to users in a seamless, integrated manner will require a more comprehensive view of
user needs and demands that transcends the partial views that government agencies tend to
have of their users.
This report discusses how a multi-channel service delivery approach can improve service to
the user by integrating service delivery across different delivery systems including Internet,
call centres, over the counter service, e-mail and ordinary mail. Making it easier for users to
find and use government services can also result in savings to government. However,
achieving better services with a fixed or limited amount of overall investment depends, in
part, on moving large numbers of users from traditional channels to electronic channels for
high-volume services. Improved networking of organizations and aligned standards and
policies will aid in this transition.
The increased networking and interconnectivity within government made possible by ICT is
likely to highlight current redundancy or incompatibility of systems and processes across
government. This report looks at how governments can identify common business processes
such as payroll, human resources management, accounting and archiving systems and
consider how toimprove and share the use of these systems.
For example, an inventory of basic public-sector processes can helpgovernments think about
how administration might be better arranged (i.e. organized around enterprise architecture).
In this way, some common processes could be consolidated and provided by fewer
organizations, thereby achieving economies of scale. Reference models for typical processes
can also be used to facilitate the duplication and transfer of processes acrossgovernment,
thereby eliminating the need to ―reinvent the wheel‖. The virtual integration of processes
across organizations, based on common standards, can allow them to work together
seamlessly. This type of approach can also be applied to services that are shared or that have
common populations in order to provide more seamless service delivery.
Achieving better government will require both a better understanding ofwhat governments
hope to achieve and indicators to see if they are on the right path. This report looks at the use
of business cases for e-government to demonstrate the risks and expected returns on ICT
investment, in terms both of savings to government and benefits to citizens and businesses.
Analysis of e-government costs and benefits allows governments to support investment
decisions and evaluate results. Without a business case, governments risk developing
technology-enabled services that may not correspond to the needs of citizens and businesses.
In OECD countries, governments increasingly require each ICT project tohave a business
case before proceeding. Only when that case has been persuasively made should major
investments be undertaken. Do the analyses demonstrate clear indicators, quality data, risk
management techniques and a clear understanding of both the intended and unintended
benefits of ICT investment? How are organizations accounting for benefits that accrue to
other agencies? Do governments want to make decisions based only on financial benefits to
governments or to both users and governments?
Finally, governance structures are central to realizing e-government benefits and achieving
greater user focus through more integrated information and services. Adopting a user focus
has consequences for the structures and processes of government. This report also looks at
how governments organize the co-ordination of e-government. Governments‘ ability to co-
ordinate their own internal structures is, in many ways, a test for how they might manage
their relations with stakeholders in general as public-private boundaries become more fluid.
Until recently, e-government initiatives in many OECD countries were driven by individual
agencies and ministries seeking ways to help meet their individual mandates.
Decentralized development of e-government raises new challenges, such as ensuring that i)
individual computer systems can communicate with each other (i.e. systems interoperability),
that ii) common standards are in place as new services are developed, and that iii) in the
context of ever-tighter budgets, services support and complement, rather than duplicate, each
other.
More rational structures can support collaboration and internal efficiencies within public
administrations, yet ICT also makes it possible to improve co-ordination across government
without changing structures or accountability portfolios. The cross-cutting nature of e-
government requires governments to strike a balance between decentralized initiatives that
may be more innovative and flexible, and a coherent approach traditionally associated with
more centralized arrangements. Some of the most successfule-government initiatives have
been in decentralized systems and, in fact, the technology is too complex and fast-moving to
be fully centralized. Yet centralizing some, in particular technical, aspects of e-government
can better enable decentralized service delivery.
How have countries balanced their history and existing administrativesystem, their current
needs and their policy priorities when setting administrative and political responsibilities for
e-government? Among countries‘ experiences with multi-channel service delivery and
identifying common business processes, which ones can be generalized to other countries and
to which countries? There is no single solution, but understanding the context in which
decisions have been made in other countries can help countries determine which experiences
they can best learn from, and which solutions are appropriate for their own situation.
E-Government embodies the vision of a whole-of-government logicthat transcends sectorial
interests in favor of more fluid and seamless relations within government. While it can be
implemented in stovepipe fashion, e-government can also act as a catalyst to transform
administrations by replacing traditional ways of working with new more efficient and
effective processes, structures, and lines of communication. A new, networked administration
may seem a utopia, but discussions among OECD countries have demonstrated that elements
of a new way of working are starting to appear.
In the pursuit of e-government, countries‘ understanding of what needs to be done – and
how to do it – is constantly changing. There is no one clear path to better government, nor
how to implement e-government, but global imperatives are leading to convergence in terms
of the challenges to be faced. To do so, government organizations need to look at how to
transform themselves into more adaptive organizations capable of responding to their
environment and discovering new and better ways to fulfill their mission. E-Government has
become a critical part of this path to better government.
Challenges
Countries‘ experience with e-government shows that adapting the traditional producer-led
processes typically found in government organizations will not allow the full potential of
electronic service delivery and e-government to be realized. It is crucial to focus on what
needs be done in order to move citizens away from using traditional service delivery channels
to using new channels, and on the business processes and governance mechanisms that
underpin this transition. However, governments moving services to the Internet face a
number of challenges.
Governments are large and compartmentalizedorganizations. The problem now is who pays
for e-government? Like any government infrastructure project, e-government can be done in
phases and the costs of implementation will depend on current infrastructure availability,
supplier and user capabilities, and mode of service delivery (whether through the Internet or
through telephone hotlines and one-stop shops). The more complicated and sophisticated the
kind of services the government wants to offer, the more expensive it is.
Governments should focus on small, self-financing or outsourced projects. Because e-
government projects must be financially sustainable, there must be a revenue or cost-
reduction model in place from the beginning. Smaller projects with a clear revenue-
generation strategy and minimal initial investment are the most likely to be sustainable over
the long term. For instance, Web sites are one of the easiest and cheapest ways to achieve
high impact e-government with a minimum of investment.
E-Government projects are, more often than not, long-term endeavors, requiring large
capital infusion in software, hardware, infrastructure and training. A viable financing plan
should not only pay for the immediate needs to jumpstart e-government; it must also consider
its long-term financing options for the sustainability of the project.
There are various business models for funding e-government projects, and the private sector
plays a critical role in these. Under partnership arrangements, the private sector builds,
finances and operates public infrastructure such as roads and airports, recovering costs
through user charges. Various financing schemes exist—from soft and development
assistance loans from donor/multilateral aid agencies to partnerships and outsourcing deals
with private third party vendors under special financing schemes (e.g., the Build-Operate-
Transfer or BOT scheme) that can minimize the initial cost to government.
BOT and its variants are usually the favored financing models or arrangements for
government projects that require large and immediate financing from the private sector.
Under BOT, the private sector designs, finances, builds, and operates the facility over the life
of the contract. At the end of this period, ownership reverts to the government. A variation of
this is the Build-Transfer-Operate (BTO) model, under which title transfers to the
government when construction is completed. Finally, with Build-Own-Operate (BOO)
arrangements, the private sector retains permanent ownership and operates the facility on
contract.
Cooperation, rather than competition, with the private sector can facilitate effective e-
government. Government can encourage private sector investment by complementing and
supporting private sector efforts rather than duplicating them. The key to e-government is to
improve citizen access to service delivery, not further expand the role of government.
Government should not attempt to create products and services where public-private
partnerships or private service providers can adequately provide these products and services
more efficiently and effectively.
To get the wider public to actually use e-government services, any sound e-government
policy must consider a citizen-centered approach. This means that e-government should be an
end-user or demand-driven service. However, many citizens do not use e-government for
several reasons, among these unfamiliarity with ICT, lack of access, lack of training, and
concerns about privacy and security of information. While e-government may provide ease
and convenience in the delivery of public services, and offer innovative government services,
none of these will prompt citizen use unless the concerns mentioned above are first
addressed.
As an example, Singapore‘s Citizen-Centered E-Government, in which had known as
eCitizen Help Centers. Singapore‘s eCitizen portal averages 3.1 million hits a month, a
marked improvement from 200,000 hits a month when it was first launched in 1999. How did
a developed country of 4 million citizens exponentially expand online public usage in less
than three years‘ time?To ensure ubiquitous access to government e-services, Singapore
established a network of eCitizen Help Centers since November 2001. These centers are
equipped with Internet kiosks that give free access to the Internet to citizens. There are
helpers to assist those who are not proficient with the Internet. To date, there are 24 eCitizen
Help Centers strategically located near Community Development Councils (which function
as a specific district‘s local administration handling community programs and social
assistance services delegated from the ministries) and Community Centers (community clubs
that organize cultural, educational and social/recreational activities to promote racial
harmony and social cohesion).
Moreover, security and protection of privacy are very important because security generally
refers to the protection of information system assets and control of access to information.
Security policies and strategies are context-specific and information-specific. Privacy refers
to the right for information attributed to an individual (also called ―nominal information‖) to
be treated with an appropriate level of protection. Information privacy protection laws are
often put in place to regulate this. Protecting the privacy of citizens and assuring them that
their personal information will not be compromised is critical in e-government because this is
the key to user trust. Without this assurance, no one will be prompted to use e-government
services.
For example, Japan had invested a new system known as Japan‘s National ID System. Local
governments across Japan began feeding basic information on their citizens into a central
database as part of a new resident registration network, despite complaints about the system
from privacy advocates and refusal to participate by some municipalities.
Under the new system, everybody who lives in Japan will be issued an 11-digit
identification number that can be used in many dealings with local government. It replaces a
system under which people had to produce resident certificates to prove where they lived
each time they dealt with local government and which required people to go through time-
consuming procedures each time they moved.
Information such as the person‘s name, date of birth, sex and address will be included in
each person‘s file and all data will be stored in a centrally-run government server. The system
aims to make life easier for both citizens and local municipalities and goes under the name
JuminKihonDaicho Network, or Juki-Net for short. City halls all over Japan will have access
to the database, making dealing with the government as simple as turning up with your ID
number. However, this ease of access is ringing alarm bells across Japan.
When the Juki-Net idea was first floated in 1999, the government promised that new data
privacy and protection legislation would be in place by the time the system went into
operation. However, some of the bills associated with this are still in the Diet, Japan‘s
parliament. Many argue that until these laws are in place, the system should not be launched.
Others contend that the problem with this system is the numbering of each individual.
Fearing that the privacy of their citizens may be at risk, some local municipalities are
refusing to connect to the system. The reaction from privacy advocates is perhaps expected
but the refusal of some cities to join Juki-Net has come as an embarrassment to the
government, which sees the system as a key part of its E-Japan scheme. E-Japan is an
ambitious program that aims to make Japan the world‘s most advanced IT nation by 2005.
One of its key goals is online delivery of many government services, a service for which a
centralized database of people living in Japan would be essential.
The proposed law forbids the use of the identification numbers by anyone apart from the
bureaucracy and imposes duties on civil servants to keep information confidential and
prevent information leakage to outside sources.
As a conclusion, E-government has been responsible for the progression in technology of
developing countries. The goal of E-government is the ability to access and interact with the
world on an even plain. No country should be left behind when it comes to being able to
communicate with one another. Without E-government, developing countries will be left
behind when it comes to technology because almost every day, ICT technologies are
advancing and changing. Developing countries now have the opportunity to better themselves
through electronics and make their society be more advanced and more efficient than ever
before.
Bibliography
Van Duivenboden, H, (2005), Citizen Participation in Public Administration: The Impact of
Citizen Oriented Public Services on Government and Citizen, pp. 415-445. In Practicing E-
Government; A Global Perspective (IDEA Group Publishing, Hershey, PA)
E-SYARIAH
Malaysia legal system rooted from both English and Islamic Law. In both Civil and Syariah
court system, the speed with which complete, authentic, credible information is available to
jurists as well as the measures taken to maintain quality, integrity and security of court
records is as important as the application of relevant laws and the precedents to decide the
case. In Syariah Courts, information and communication technologies not only enable the
workflow of the courts and facilitate information management, but also used to integrate
Syariah courts with their stake holders. The integration of State Syariah Courts in various
jurisdictions of Malaysia provides for the standardization of practice and technology and at
the same time allows jurists a one-stop solution for consultations regarding interpretations of
Syariah Law and derivation of precedents in the light of decisions taken before. Here, the role
of technology extends from mere record management technology to business intelligent
oriented decision support tools. This will presents a case study of E-Syariah initiative in
Malaysian Syariah Courts and highlights the issues and challenges faced during
implementation of this initiative and provide appreciation of how effectively technology has
been used dispense speedy justice in Syariah cases.
Introduction
Records in court system have various dimensions including court proceedings, evidence,
and affidavits. In addition, court records also contain precedents from old cases and even
references to the sources of law. This makes information management in general, and record
retrieval in particular an intricate task. The pervasiveness of information and communication
technologies (ICTs) provides new opportunities for court automation and information
management in judiciary. At the same time there is increased pressure on the courts of law to
embrace technology because with the increased level of IT literacy/awareness among the
general public, there are increased demands on government to provide information to citizen
around the clock. Responding to these opportunities and pressures, courts around the globe
are embracing information and communication technologies at various levels to provide
faster, reliable and consistent service to the society.
E-Syariah – A Malaysian Case Study
E-Syariah was put in place to replace the manual system of all Syariah courts operation.
Before E-Syariah come into operation, all business processes from case registration to case
disposal were performed manually. It is not surprising that the system was replete in
inefficiency and ineptitude. With the increased number of Syariah cases being registered, the
delay in case management became more critical. A single case takes years to be settled,
resulting in hardship for the parties involved. The major reason for this delay has been the
unavailability of complete information as and when required. In certain cases not only the
information is incomplete but had been tempered with as well. With the introduction of e-
Syariah, the government aim to reduce the time taken to settle a case and to manage each case
and related information more efficiently and systematically (Hamid 2010). E-Syariah
initiative was adopted as one of the Electronic Government flagship applications in Malaysia
in March 2002, with a strong support of government, especially by the Malaysian
Administration and Modernization Planning Unit (MAMPU). Although Syariah courts are
constitutionally state courts, created and regulated by state laws and under the responsibility
of the state authorities, an effort was made by Federal government to standardize the work
processes and procedures in these courts. Hence, the Syariah Judiciary Department of
Malaysia/ JabatanKehakiman Syariah Malaysia (JKSM) were established as a
coordinating body of Syariah courts in Malaysia. The technologies in place in Syariah courts
under the E-Syariah project consists of five modules as Syariah Court Case Management
System, Office Automation Systems (MAMPU 2009), E-Syariah Portal, Syariah Lawyers
Registration Systems and Library Management Systems, where ;
1. Syariah Case Management Systems
-The web-based application provides an integrated case management system for various
tasks such as Registration of Cases, Scheduling of Hearings, and Producing Receipts for
Payments, Case Tracking, Recording of Judgments, Reports & Statistics, Enquiries, and
System Maintenance. The database containing records of all cases filed with the courts
are maintained for the purpose of references and double-checking to avoid duplication of
cases in other states.
2. Office Automation System
-The Office Automation System provides facilities such as Word Processing, Spread
sheets and Graphic Presentations to improve productivity in the office operations of the
Syariah Courts. Judges, Registrars, and staff are provided with email facility. Case
hearing schedule is sent to all Syarie judges through email.
3. E-Syariah Portal
-The Portal serves as an information gateway to provide the public and staff of the
Syariah Courts with the latest news on court procedures and regulations. The public can
post enquiries online to the courts via the Portal and the Faraid calculator will be
available online for the public to assess.
4. Syarie Lawyer Registration System
-This system provides facilities for the registration of new applications or renewal of
practicing certificates for Syarie lawyers. A database containing details of registered
practicing Syarie lawyer are maintained to facilitate monitoring and coordination by the
authorities.
5. Library Management System
-A web-based library management system allows users to conduct electronic searches,
borrowing, returning of books and other library materials through the ZiauddinSardar
Islamic Cataloguing System. The catalogue of library materials available at the JKSM
Library and the State Syariah Libraries is accessible for bookings and loans to Judges and
Registrars.
E-Syariah applications have been designed to provide for transformation and
standardization of work environment in Syariah courts to link all the business processes
on a single channel. The idea is to disseminate information on Syariah judicial law and
institutions, court procedures and processes can be disseminated to the public through E-
Syariah portal. In doing so the government is aiming to provide a simple, fast, accurate
and extensive medium to public at large, whereby the digital divide between end users in
different part of the nation could also be reduced. Therefore, JKSM as coordinating body
to the Syariah court be able to create a new paradigm of work culture that is more
efficient in the management of the judicial institutions of Islam in Malaysia.
Traditionally, even though the general dealings in Syariah courts are similar, yet each
Syariah court in Malaysia has unique business processes and works differently from its
other counterparts. The reason for this discrepancy is the fact that Syariah courts are
managed by each state and have their own management. Consequently it is the
management of each court that decides how the court is to be administered. Due to this
disparity, Syariah Courts in various Malaysian states manage similar tasks in different
ways. This is not just limited to the workflow, but this lack of standardization extends to
different sets of technologies being used as well as different sets of forms, formats, and
write ups. States do not use standardized record books and case classification numbers.
There are many instances of case overlapping (where same cases have been registered in
more than one jurisdiction) especially in cases of child custody, divorce and inheritance
where they were filed and registered in different state courts on purpose. This is due to
the fact that people have interpreted Islamic jurisprudence in different ways. The main
sources of Islamic law are the Quran and the tradition of the Prophet. In reaching the
verdict, jurists interpret the Quran and the tradition of Prophet according to their sect
knowledge and conscience, taking into consideration other factors such as culture, point
in time and welfare of parties involved. As a result, for many centuries, similar cases had
been decided differently across the globe, and they are recorded in different places.
Consequently different verdicts have been passed in similar cases in different parts of the
world. In these circumstances, availability of information on interpretations of the Quran
and the tradition of the Prophet, previous judgments passed, and Ijtihad (reinterpretation
of Islamic law according to prevailing circumstances) is of paramount important.
However, due to the disparities in the way states Syariah courts are being administered,
the overall paradigm faces issues relating to data quality, lack of interoperability and
information integration. Thus the major challenge for E-Syariah project is to introduce
standardization of process, practice, technology and strategy. E-Syariah initiative has
made attempts to streamline work processes in Syariah courts. It has categorized cases for
example divorce, child custody, and inheritance and crime offences. Consequently each
case is treated uniquely and there is no overlap. At the same time, court record templates
had been standardized and brought down from 104 to 40 gazette forms only. Attempts are
being made to standardize these procedures throughout Malaysia, however due to the lack
of legislations at the Federal as well as State level; this is proving to be extremely
difficult. In terms of court records management, at the records creation stage, case files
are created in the Syariah Court Case Management System (SPKMS) and given the
unique case classification number according to the Practice Direction No 1 Year 2000.
However in this transitionary period, apart from managing cases using the Syariah Court
Case Management System, hard copies with paper documents are also being used. The
reason for managing both hard copy and soft copy records is purely legal. It is the legal
requirement that hard copy records being maintained for legal reasons, since official seal
need to appear on all papers. For example, for family law cases, the Islamic Family Law
(Civil Procedure) Act requires documents to be officially sealed on paper and manually
signed. At the moment, the relevant laws are being reviewed so as to implement
electronic seals. In addition, the laws relating to risk of manipulation of electronic records
are also being examined by States and Federal government committees. Pending the
amendment the courts would be able to use one line of records management i.e. electronic
records. It should be pointed out that although technology relating to records management
is improving at rapid pace, court processes and laws are not keeping up with the pace of
technology advancement. Malaysian Syariah courts are subjected to Federal, state and
Syariah law as well as conform to the guidelines provided by the ministry of Justice and
ISO regulations. Due to the nature and focus of legislations and guidelines, conflict in
practice can easily be understood. In these circumstances, it is left to each court to decide
what process or procedure they want to follow. For example an interviewee when asked
about the legality and validity of electronic and paper-based records, replied ―according
to our ISO audit report, the paper version is the most valid one‖. In the routine case
management, records are updated by the judges and their assistants until the case is
closed. Some of the documents relating to a case, such as ‗submission notes‘ are only
kept on physical files, not in the electronic system. According to researchers‘ observation,
only important information and documents are updated and stored in the system, thus it
only serves as quick retrieval point, not a complete case file. In the system itself, some of
the documents are saved in pdf. format, while others are saved as Microsoft Word
documents, which exposes court records to manipulation risk. In their current form,
electronic records can only be regarded as back up or reference point, not as valid official
record. However, there are some evident advantages of electronic records, even though
their legal value has not been established yet. These benefits are the ability to trace the
particular record, the ability to find materials relating to a particular record, and the ability
to retrieve information relating to a particular case (for example affidavit, statutory
declaration etc.). All active physical files are stored in cabinets near to the courtrooms.
Upon closure, the files are moved to records centre and being taken cared for by the
Records Officers. In the records centre, after they reach certain maturity period as
stipulated in the Syariah Court Records Retention Schedule, case files have to be disposed
of. According to Practice Direction No 3 2006, criminal and civil case files must be kept
in the records centre for 3 and 7 years respectively (it was 10 years previously). As the
population is increasing, so is the case load and with it upcoming pressures on physical
storage of court records. An important aspect of court records management would be to
alleviate these pressures. People related to court records management are aware with
these issues as quite a few of interviewees in this case study commented that ―court
records are increasing, but storage space remains the same‖. And with each new record, it
is becoming more and more difficult to manage physical records. JKSM & Syariah courts
are the first public organization in Malaysia employing records manager & officers, and
having records department in the organization. It is evident that records management is
considered extremely important in Syariah Courts; however this initiative has not been
backed up by relevant legislations.
E-Syariah has opened up new avenue for court workflow as well as records management in
Malaysian Syariah courts. Although there are a number of challenges hinge upon a few
administrative issues, yet there are significant benefits that the use of technology has brought
to Syariah courts. The following table summarizes the pre and post E-Syariah
implementation:
Dimensions Pre-implementation Post-implementation
1. Case settlement Case management is less
efficient. It took years to
settle a case
Case management is
much more efficient. 65%
of cases are settled less
than a year
2. Coordination
time
No coordination
mechanism. Finding the
status of the case,
retrieving of case records,
and who to contact was
Registration of a new case
takes approximately 2
minutes, thus case
management is efficient.
No rework involved as
extremely difficult and
time consuming. There
was lots of rework
involved at the time of
registration, when the file
was moving from one
person to the other.
Wastage of time, effort
and resources.
once data is stored
electronically; it can be
reused for any other
purpose desired.
3. Case overlap Case overlapping could
not be easily traced
Case overlapping is
automatically traced
4. Case delay/
postponement
No automatic reminder
about case
postponement and delay
Automatic reminder of
case postponement
5. Work
process
Work processes were
not consistent between
courts in different states
E-Syariah, in theory,
permits the uniformity
of court procedures,
work processes and
forms. However there is
a long way to go
achieve this.
6. Case
backlog
Difficulty in managing,
verifying and checking
the case status manually.
No more backlog of
cases because all cases
are assigned /
reassigned according to
the workload of jurists.
7. Process
interoperability
Different work process
among states caused
difficulty and bias
towards customers.
E-Syariah is attempting
to standardize court
procedures and work
processes to ensure
fairness to customers.
8. Information
security
Information security
was compromised
Information security is
guaranteed
9. Integration
with
government
agencies
No integration with
other agencies
System is integrated
with 6 other
government agencies,
ensuring court decision
enforcement and follow
up, accurate data
available timely
10. One stop
solution
Customer had to contact
different department
dealing with a court case
One stop solution for
paying fee, case
registration,
administration, follows
up.
11. Old records
retrieval
In manual process,
records were in store
room. Customers had to
contact the registrar,
store keeper to retrieve
records
Records are available at
the click of the mouse
to authorize users.
12. Similar cases,
dissimilar
verdicts
Previously there were
similar cases, different
verdict because of the
fact that people have
interpreted Islamic
jurisprudence in
different ways
Now with this one
portal they can access
any number of records
of similar cases, and
then figure out whose
interpretation are they
applying & what were
they should be given,
they can consult
different records
13. Trust in the
system
Previously there was
lack of public trust in
the system because it
was causing delay,
people were not getting
Use of ICTs has
brought transparency to
the overall court system
quality service, and
people were blaming the
legal system.
Table 1: Dimensions of Pre and Post E-Syariah Implementation
As a conclusion, the management of court records through electronic means bestow great
impact to the government and citizen as a whole. It preserves the memory of a nation‘s
civilization in judicial matters. The increase of case disposal rate after the electronic system
implementation in Syariah courts provides improvement in judicial service delivery in
Malaysia. Malaysian experience has been referred to and is being modeled by many countries
around the world. Since E-Syariah initiative is not mature as yet, there are a number of issues
that need to be resolved. The paramount issue is disconnecting between what technology
offers and the state of legislation regulating technologies in the court. It is equally important
to enforce standardization of practice and processes throughout the state Syariah courts in
Malaysia. In the absence of a uniform policy governing Syariah courts in Malaysia, the
objective of E-Syariah to provide fair, speedy, transparent justice will not be realized. In
terms of technology adoption, the biggest challenge for courts to move forward is in retention
of people. For a court registry, the lack of expertise who knows both registry office and
information management standards becomes the first hurdle in implementing change. There
are a number of issues pertaining to court records management, which have a single
denominator i.e. retention of trained staff. This is important because of the need for consistent
and authoritative instructions on the preservation or destruction of court case records (both
paper and electronic), the importance of having a high level ‗champion‘ within the courts to
promote good practice in records and information management , the need for professionally
trained records managers within judiciaries, the need for formal training and training
materials in judicial records and information management , and the importance of having
expert advice and guidance available to those with responsibility for records and information
management in the courts. In summary, E-Syariah initiative has significantly improved court
workflow as well as records management in Malaysia. However it needs to be acknowledged
that the major challenges of E-Syariah are to introduce standardization, practice, technology
and strategy. This means that the Federal government in Malaysia has to take the lead and
provide guidelines and legislative framework for the state courts to administer themselves in
their own jurisdiction. This self-administration, although independent of Federal intervention,
should follow the same technological and process based. This would allow for the much
needed overall standardization that would enable E-Syariah initiative to realize its goals and
objectives.
Reference Site:
1. Sarawak Information Systems SDN BHD, Tel: (60) 82-426733 Fax: (60) 82-423533,
Email: service@sains.com.my
2. E-Syariah Implementation Synopsis (2005), Malaysian Syariah Judiciary Department,
Percetakan Nasional Malaysia Berhad, Kuala Lumpur.
3. Johare, R. (2007) ‗A global search for universal models of education and training in
electronic records management‘, Malaysian Journal of Library & Information
Science, 12(1):1-22.
4. Laldin, M.A. (2009) Introduction to Syariah and Islamic Jurisprudence, CERT
Publication, Kuala Lumpur.
5. Motsaathebe, L. and Mnjama, N. (2009) The management of High Court records in
Botswana, Records Management Journal, 19(3): 173 - 189
6. Saman, W. (2011) ‗E-Syariah; interview session with Puan Rosimah‘ In the Pursuit of
Legal Information Management, blog posting, retrieved June 1, 2011,
http://wansatirahlegalinfo. blogspot.com/2011/05/E-Shariah-interview-session-with-
puan.html
7. Saman, W. and Haider, A. (2011) ‗The Implementation of Electronic Records
Management System: A Case Study in Malaysian Judiciary" American Conference on
Information System 2011 Proceedings, Detroit 4-7 August 2011.
8. Sheriff, S. (2010) the contempt power: a sword or a shield? A Study of the law and
practice of contempt of court in Malaysia. Doctoral thesis, Durham University.
http://etheses.dur.ac.uk/536/
IDENTITY CARD
Government facilities face a challenging and ever changing risk profile. Security systems are
paramount to increase safety and security for employees, area citizens and elected officials.
But many government facilities, especially those in small city and towns are not staffed with
a full-time security staff. So, technology becomes an even more important piece of the
security puzzle. A long time ago, traditional analog-based system used but in this modern life
it‘s not effective enough to recure these critical facilities but the promise of Information
Technology (IT) can help facilities manage and control risks. Government need advance
networked tools that leverage the power of the IT backbone to correlate information from
traditionally separate subsystems like video surveillance, analytic, access control, alarm
management and VoIP for example into one platform to increase situational awareness and
help security staffs identify violence or threats before an event occurs. Other than that, the
using of identity card in our country which is known as MyKad. MyKad is the compulsory
identity document for Malaysian citizens aged 12 and above. MyKad was introduce by the
National Registration Department of Malaysia on 5 September 2001 as one of four MSC
Malaysia flagship application and a replacement for the High Quality Identity Card. Malaysia
became the first country in the word to use an identification card that incorporates both photo
identification and fingerprint biometric data on an in-built computer chip embedded in a
piece of plastic. Besides, the main purpose of the card as a validation tool and proof of
citizenship. Other than the birth certificate, MyKad also serve as a valid driver‘s license, an
ATM card, an electronic purse and a public key, among other applications as part of the
Malaysian Government Multipurpose Card (GMPC) initiative, if the bearer chooses activate
the functions.
The technical specifications of MyKad are the initial MyKad was a contact card solution
developed and manufactured by IRIS Corporation. Made of PC with the dimensions in the
ISO/IEC 7816 ID-1 format (standard credit card format). The initial card had a 32kb
EEPROM (electronically erasable programmable read-only memory) embedded chip running
on M-COS (MyKad chip operating system). In November 2002, the capacity was increase to
64KB. The upgraded and current version of the MyKad is a hybrid card containing two chips
for both contactless interfaces. Currently, this hybrid type MyKad is only issued in Malaysian
States which employ the ‗Touch n Go‘ application. The data retention up to 20 years while
the card itself has a life span of 10 years and has been tested according to the ISO 10373 test
standard.
All Malaysian citizens and permanent residents 12 years old or above are eligible for a
MyKad. From 2001, it gradually replaced an older Malaysian Identity Card system that had
been in use since 1949 under British colonial rule, with the intention of becoming ubiquitous
by 2007. Children are issued with a MyKid after birth. This card is "upgraded" to a MyKad
on the 12th birthday. The MyKad must be replaced when a person reaches 18 years old, as it
is a requirement that the photograph be 'current'.
Adoption was optional but was spurred by the waiving of the application fee of
between RM20 and RM50 until 31 December 2005. As of 27 December 2005, 1,180,208
Malaysians still held an old identity card. After the waiving period ended on 31 December
2005, each new application (first time application) comes with a fee of RM10.
MyKad project was developed was originally intended to have eight functions.
1) As identity card
2) Driving license information
3) Travel document
4) Storage for health information
5) e- cash
6) ‗Touch n Go‘ Malaysia‘s toll road tolling system and also public transport payment
system.
7) Digital certificate commonly known as Public Key Infrastructure
Identity Card
MyKad as identity card that including fingerprints and photo must be carried all times.
Failure to do so may incur a fine of between RM3000 and RM 20 000 or jail term of up to
three years. No unauthorized persons including security guards are allowed to retain the
MyKad of other people. Only those authorized by the National Registration Department, like
the police and immigration officers can do so. For Muslim-citizens, ‗ISLAM‘ is printed on
the card below the picture of the holder. This is to help enforcement of syariah law which is
applicable only to Muslims. As the states of Sabah and Sarawak maintain separate
immigration controls, citizens who has permanent residency in the states of Sabah and
Sarawak are donated by the letter ‗H‘ and ‗K‘ respectively on the bottom right corner of their
card.
Driving License Information
Next, driving license is official document which state that a person may operate a motorized
vehicle such as a motorcycle, car, truck or a bus on a public roadway.
Travel Document
Besides that, MyKad also use as travel document in Malaysia and several neighboring
countries. However, a conventional passport is still required for international travel. For
example, when the people from Sabah went to peninsular of Malaysia they have to register
their MyKad at immigration officer before fly to peninsular of Malaysia. The card is aimed at
reducing congestion at the border by enabling the use of unmanned gates using biometric
(fingerprint) identification.
Health Information
The health information contained in the MyKad is of two types. The first type consists of the
health status of the individuals, including his or her chronic illness, if any the supportive
medications, the blood group and allergies and immunization history. The second type of
health information in the MyKad consists of two out patients visit summaries and one
impatient discharge summary.
E-cash
E-cash is an electronic wallet system intended for low but high volume transaction.
‘Touch n Go’
‗Touch n Go‘ Malaysia‘s toll road tolling system and also public transport payment system. It
is like the credit card sized smart card made of plastic with Philips‘ MI fare microchip
technology embedded in it. The Touch n Go systems are designed to process up to 800
vehicles per hour to ease the queue congestion at toll plazas and if used together with smart
tag (a non-stop electronic toll collection system) will be able to process up to 1200 vehicles
per hour.
The card can be categorized into four types:
1) Prepaid card
Standard card
- A standard Touch 'n Go cards fare structure currently available for adult fare for
CTS and standard class vehicles with 2 axles and 3 or 4 wheels (Class 1) excluding
taxis for toll fare. It is like a top up card.
2) Postpaid cards
Fleet X‘s card
- It mainly purposed for toll fare payment. The details of company name, vehicle
registration number and vehicle class were printed on the card. Credit term of 15
days given for post payment and fleet operators are able to monitor toll
record/vehicle movement at highways via e-statement (itemized statement) after 24
to 48 hours from the time of transaction.
Biz X‘s card
- It is the same as standard card mainly purposed for corporate users.
3) Auto reload card
Zing Card
- The Touch 'n Go Zing is a companion card that works as standard card which is
linked to Visa, MasterCard or American Express issued by participating banks
in Malaysia. Each time the card balance falls below RM50, it will trigger the auto-
reload mechanism to reload RM100 into the card. The amount will be charged to the
credit card plus RM2 as auto-reload fee for each time reload.
4) Multipurpose card
MyKad
- A value added application for Malaysian identity card as e-purse.
Digital certificate commonly known as Public Key Infrastructure (PKI).MyKad PKI
application allows for two digital certificates to be inserted into MyKad. MyKad holder
can apply and purchase the digital certificates from two of Malaysia‘s certification
authority, MSCTrusgate.com.Sdn.Bhd and DigiCert Sdn. Bhd. PKI allows for easy
securing of private data over public telecommunications network thus allowing, secure
electronic transactions over the internet which includes:
- Online submission of tax returns
- Internet banking
- Secure e mail.
Besides that, there were other cards that have similar features with MyKad
1) MyKid
- MyKid is a chip-based children identity card or personal identification issued to
children under the age of 12. Introduced on 1 January 2005, MyKid contains features
similar to MyKad except that it does not include a photograph and thumbprint
biometric data.
The term Kid refers to:
- the slang for child in the English language
- the acronym for Kad Identiti Diri or Personal Identification Card.
MyKid is issued in pink instead of blue (color of MyKad). Visible data for MyKid include:
The heading Kad PengenalanKanak-kanak Malaysia
NRIC Number
Full name in block letters
Permanent address
Gender
Citizenship status
The MyKid chip currently stores only 3 types of data:
Birth data e.g. Information on birth parents
Health information e.g. Immunization records
Education information e.g. Enrolment in schools
2) MyPR
MyPR is an identity card or personal identification issued to residents of Malaysia with
permanent resident status. All residents of Malaysia with permanent resident status are
required to change their identity card to MyPR with effect from 1 June 2006. The MyPR is
red in color visible data include:
1) The heading: Kad Pengenalan Malaysia permastautintetap
2) Full name
3) NRIC number
4) Permanent address
5) Gender
6) Permanent
2)MyTentera
-The MyTentera will replace BAT C 10 document.
-The MyTentera will be silvered- colored and feature the Malaysian Armed Forces
logo at the back top right corner of the card. It will also contain a 12- digit military
identification number similar to the NRIC number.
The conclusion, as a Malaysian citizen we should be proud because we have our own
identification card which is known as MyKad. The key technology behind this smart card
system is the chip and biometrics technology. There are lots of benefit of MyKad that is one
for all, easy payment, quick exit and re-entry, emergency medical assistance, reliable
identification of data, public key infrastructure, facilitate transportation need an easy and
convenient banking transaction. I would to encourage all of us to register to Government
Service Center (GSC) to apply some special service and benefits. We must take a reasonable
care of our MyKad and improve our responsibilities towards its. Make sure we don‘t use
MyKad for some default advantaged for ourselves without thinking the causes to our country.
So, that how IT helps improves system in government.