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. 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. 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. 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.

1. 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.

1. 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 extremely

difficult and time

Registration of a new

case takes

approximately 2

minutes, thus case

management is

efficient. No rework

involved as once data

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.

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 One stop solution

contact different

department dealing

with a court case

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

Use of ICTs has

brought

transparency to the

because it was

causing delay,

people were not

getting quality

service, and people

were blaming the

legal system.

overall court 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:

o The heading Kad PengenalanKanak-kanak Malaysia

o NRIC Number

o Full name in block letters

o Permanent address

o Gender

o Citizenship status

The MyKid chip currently stores only 3 types of data:

o Birth data e.g. Information on birth parents

o Health information e.g. Immunization records

o 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.