Rethinking higher education services and complaint handling framework in Malaysia

• Main Authors: Omoola, Sodiq, Bakare, Kazeem Kayode, Ali Mohamed, Ashgar Ali, Abdul Hak, Nora, Wan Zahari, Wan Mohd Zulhafiz, Ramalingam, Chithra Latha
• Format: Article
• Language: English; English
• Published: Universiti Utara Malaysia Press 2023
• Subjects: K623 Civil Law
• Online Access: http://irep.iium.edu.my/102378/1/HEI%20UUM%20v.pdf; http://irep.iium.edu.my/102378/2/%5BUUMJLS%5D%20Editor%20Decision.pdf; http://irep.iium.edu.my/102378/; https://e-journal.uum.edu.my/index.php/uumjls

In the last few decades, Malaysia has become a global hub for higher education services. Policies and programs have been put in place to improve the educational system towards developing the country and attract international students. This development needs to be aligned with an effective dispute resolution framework to ensure continuous development of the Malaysian Higher Education Sector. The methodology employed in this paper is a doctrinal method based on the nature of the discourse. To examine relevant higher education concepts and dispute resolution framework, relevant research papers on the subject are analysed. In addition, relevant legislation were consulted to determine the adequacy of the existing legal framework for dispute resolution in Malaysian Higher Education Institutions (HEIs). The main objective of this paper is to examine the nature of education services and the existing dispute resolution mechanisms in the Malaysian Higher Education sector. The paper will explore education services as either public good or private good and whether students are consumers in the real sense and require consumer rights. This research establishes that although scholars have argued as to whether or not students are consumers, in Malaysia and other Asian countries, students are perceived as customers therefore, the interest, welfare and satisfaction of students must always be of utmost priority. A thorough study of the existing laws reveals that there is an inadequate provision in the education laws in Malaysia, especially regarding the dispute resolution mechanisms in HEIs.