Prepared for :Madam NoorSaliza Amin Nudin

Prepared by:NOR FARAHANA BT SIDEK 2012451928

NURUL ‘AQILAH BT ZAKARIA 2012498636NIK NUR AISHAH BT NIK ABD AZIZ 2012463644

NURSYAHIRA BT BAHARUDIN 2012453596

KIDNAP

Question 4 : Find your own research topic and explain how do you plan

your research.

Question 5 : Based on the research topic that you have plan, explain how

do you implement and present your research.

• Legal research : to find “authority” that will aid in finding a solution to a legal problem.

What is legal research?

How to do legal research?

• There are 3 stages process in legal research.

Research planningResearch implementation Presentation of research findings

Research planning

• The time to access primary and secondary sources cannot be overestimated.

• To guarantee pertinent results.• To manage time properly.

Why we must plan?

• fact or data collection• Fact analysis• Identification of factual and legal

issues• Formulating a research plan

Steps in research planning

• To collect all relevant facts from all possible sources.

• Using 5W1H questions.• Create questions that you need to know.

Facts collection

• Who?• Eg. Who usually involved in kidnapping?

• What?• Eg. What are the objects used to abduct people?

• When?• Eg. When kidnapper tend to kidnap?

• Where?• Eg. Where kidnap usually take place?

• Why?• Eg . Why kidnap occurred?

• How?• Eg. How kidnap is committed?

• There are 3 techniques to do facts analysis:

WEST’S system BrainstormingMind Mapping

Facts analysis

Analyze data under following heads:Parties- Identify the parties involve and relationship

to each other or as individual.Eg: public prosecutor +kidnapper ,

kidnapper + victimPlaces: - Where the case usually occurred?Eg: Black area, ghost town, bus stand

WEST’S SYSTEM

Objects- Identify the objects involve

Eg: chloroform, rope, knife, gunBasis

- Involve the legal basis on which the action will be founded.

- Eg : Revenge, lack of parent concentration, the kidnapper was in desperate need for money

Relief - Potential relief that might be obtained.

Eg: imprisonment for a maximum term of 7 years, and also liable to fine.

• A type of discussion which most effective when operated by a group of people.

• Brainstorming might produce a list such as following.

- Negligence- Litigation- Witnesses- Duty of care- Injury- Police report- Date

Brainstorming

• To identify facts or information related to the current case that we are doing research on in diagrammatic form.

Mind Mapping

parties

objects

basisrelief

places

victimkidnapper

Black area

Bus stand

fine

imprisonment

rope

knife

negligence

revenge

Kidnap

• After we have gathered the facts and distinguished the relevant from irrelevant, next we have to organize them and relate the facts to relevant legal principles by referring to sources of law.

Identification of factual and legal issues

• Penal code :- Section 359- Section 360- Section 361- Section 362- Section 363- Section 364- Section 365- Section 366

- Section 367- Section 368- Section 369- Section 370

• Avenues of research : - The law library, online legal databases and

a field research at relevant authorities departments are the normal avenue of research.

- Planning of research is tedious if the research is not properly planned. The research product is likely to be incomplete.

Formulating a research plan

RESEARCH IMPLEMENTATION

Nowadays the kidnap rate in Malaysia is alarming.

Identification of problem to find solution.

•Once the problem has been identified, we have to identify the relevant source materials in solving the problem at hand.

• we use primary sources : penal code (section 359, 360, 361, 362, 363, 364, 365, 366, 367, 368 and 369)

Identification of relevant source materials

We also use secondary sources:-online database-abstract from newspaper

Penal code.a) Section 359“ kidnapping is of two kinds : kidnapping from Malaysia

and kidnapping from lawful guardianship.”b) Section 360“whoever conveys any person beyond the limits of

Malaysia without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Malaysia.”

Effective use of materials.

c) Section 361“whoever takes or entices any minor under fourteen

years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.”

d) Section 363“whoever kidnaps any person from Malaysia or from

lawful guardianship, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.”

ANALYSIS OF RESEARCH FINDING

FACTOR OF KIDNAP :

The kidnapper was in desperate need for moneyParental neglectRevenge Human trafficking activity

EFFECT OF KIDNAPPING :

The victim’s emotion will be effected by feeling paranoid.Injury

Based on our research, kidnapping happened mainly because of desperate needing for money, parental neglect, revenge and also for human trafficking activity. To curb this problem, parents are the first person that should take actions. Parents must always monitor their children’s activity and know who they befriend to. Next, parents must teach their children to never talk to strangers. Train them to avoid strangers, even if they seem friendly and offer gifts. If the strangers ask for help, tell the children to refuse and call for adult’s attention immediately.

Application of findings to problem(s)

To prevent kidnapping in our own property, close doors and gates, and install locks or alarms. The more secure we are inside, the more difficult for any invasion to occur. In addition, arm yourself with self-defence weapons. Pepper spray, for example are very effective for stopping an attacker and giving you sufficient time to incapacitate him/her and escape. Last but not least, the responsible authority for a housing area can make an agreement with the whole resident to pay fixed payment to the security department for them to guard the housing area.

RESEARCH PRESENTATION

• We presented our findings on 12th September 2012, at TEC13 in front of :

- Madam NoorSaliza Bt. Amin Nudin- Classmates of KPI0051C- By using Power Point with fine words and few

pictures to make our presentation more interesting and easy to understand.

- Our purpose of this presentation is to complete the task that has been given, to find solution for the problem and to get marks for our works.

- REFERENCES :- (2012).Penal code (Act 574).Petaling Jaya:

International Law Book Services.