how information technology helps to improve governance

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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-

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Page 1: How information technology helps  to improve governance

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-

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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

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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

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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.

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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

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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

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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

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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.

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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

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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 ;

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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

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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

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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

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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

Page 15: How information technology helps  to improve governance

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

Page 16: How information technology helps  to improve governance

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

Page 17: How information technology helps  to improve governance

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

Page 18: How information technology helps  to improve governance

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: [email protected]

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

Page 19: How information technology helps  to improve governance

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'.

Page 20: How information technology helps  to improve governance

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

Page 21: How information technology helps  to improve governance

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

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- 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

Page 23: How information technology helps  to improve governance

- 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

Page 24: How information technology helps  to improve governance

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.