USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
Using ATLAS.ti 7 For Researching The Socio-Legal Implications Of ICT Adoption In The
Justice System Of The High Courts Of Malaysia
Ani Munirah Mohamad
Abstract
The paper describes the use of ATLAS.ti 7 in the research undertaken to examine the socio-legal implications of the
adoption of information and communication technologies (ICT) in the justice system of the High Courts of Malaysia.
Engaging a qualitative method, the research comprises of the collection of secondary data involving library-based re3
search, and primary data generated from a case study of four High Courts of West and East Malaysia. The paper dis3
cusses steps in preparing the data, coding the data and finally analysing the data. In deriving the findings of the re3
search, the ATLAS.ti was used throughout the research process to manage both the secondary and primary data,
properly build up the code list inductively and deductively, track the relevant quotations from time to time, explore
the data using the built-in feature Query Tool, connect ideas and notes to the existing objects and visually arrange
the objects to iteratively make sense of the data.
Acknowledgements
The participation of this paper for presentation at the ATLAS.ti User Conference 2013 is supported by ATLAS.ti Sci3
entific Software Development GmbH.
Keywords
Socio-legal implications, information communication technology, ATLAS.ti, e-court, e-justice
Introduction
The research began by obtaining an overview of the emergence of information communication technolo3
gies (ICT) in different disciplines. It was found that in many jurisdictions, numerous intelligent systems
embody ICT such as telecommunication networks and the Internet, in devices such as mobile telephones
and PCs, and in services such as banking, digital television, social networking and e-government (Amal,
2009). This is rightly so that Nwagwu (2006) stresses that ICT is increasingly being adopted by nations in
many parts of the world. In addition, it is admitted that ICT have connected people around the world in
a way never before envisaged (Bhatt, 2005) and recently have made its way to the courtrooms.
Within the context of the courts, there are currently six technology applications which the High Courts of
Malaysia are adopting, namely the e-filing system (Hamidah, 2011), case management system (An3
onymous, 2010), queue management system (Hamin, et. al., 2011), court recording and transcription,
audio and video conference system (Azmi, 2010) and finally the integrated community and advocates’
portal (Anonymous, 2010b). Each of these applications is designed for different kinds of users.
Past researches have shown that the ICT adoption at the courts has led to a more efficient and effective
judicial system, improved transparency of the way the judiciary works, increase in the citizen’s level of ac3
cess to the courts and increase in the confidence of the citizens and business in the judicial system
1
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
(Cerrillo & Fabra, 2009; Carnevali, 2009; Velicogna, 2007). However, at the same time such technologies
potentially generate novel uncertainties and insecurities (Hamin, 2011).
Based on this premise, the researcher decided to examine the socio-legal implications of the adoption of
ICT in the justice system of the High Courts of Malaysia. This paper highlights the use of ATLAS.ti to fa3
cilitate the research process throughout.
Research Method
Adopting a qualitative method, the research engages in both primary and secondary data. During the
first stage of the research, secondary data was generated for the purpose of obtaining general overview
of the subject matter, to find out about previous methodologies and most importantly to find the re3
search gap in the subject matter. The secondary data include the written laws and decided cases of the
Malaysian courts, reports of the government, the state and the judiciary, the rulings of the Malaysian Bar
Council and the state bars, practice directions and journal article literatures extracted from online data3
bases such as Lexis.com, Ebscohost, CLJ Legal, Lawnet, Springer Link and ProQuest.
The second stage of the
research involves the
collection of the primary data
through field work from a
case study that focuses on
four units of analysis
representing the High Courts,
namely the High Court in
West Malaysia i.e. High Court
in Kuala Lumpur and High
Court in Penang, and the
High Court in East Malaysia
i.e. High Court in Kuching,
Sarawak and High Court of
Kota Kinabalu, Sabah. Figure 1 and Figure 2 respectively explain these units of analysis for the case study
and the purposive sampling for such units.
The instrument used was face-to-face semi-
structured interview with sixteen respondents
as it gives the researcher the opportunity to
explore the respondent’s opinion of an issue in
depth, rather than to test knowledge or simply
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
categorise (Stroh, 2000). The respondents are individuals involved directly with the application of ICT at
each of the courts, being the judge, the court administrative officer, the system developer and the
lawyer.
The interviews enquired into the respondents’ perception and experience using ICT at the respective
courts, focusing on the numerous issues and challenges associated with the use of such ICT applications.
The interviewer used an electronic voice recorder throughout the interview sessions, with the consent of
the respondents.
Use Of ATLAS.ti 7 In The Research Process
After considering a few computer aided qualitative data analysis software packages, by referring to pre3
vious reports and literatures (such as Barry, 1998; Muhr, 1991; Lewis, 2004; Konopasek, 2007), the re3
searcher decided that ATLAS.ti 7 was the most appropriate software which fulfilled her needs and pur3
pose in the subject matter to generate the findings from both the secondary and primary data. This part
describes how ATLAS.ti 7 was used in the research process to finally generate findings for the research
Manage Both The Secondary And Primary Data
Given that the research involves considerable amount
of data, both primary and secondary, in the form of
lengthy interview transcripts, observations and field
notes, written laws, cases, journal articles, govern3
ment reports and state bar rulings and practice direc3
tions, it is important to have a proper management
system for all the data (Mclellan-Lemal, 2008; Huber3
man & Miles, 1994).
3
Figure 3: Naming the secondary data in the
format of {Type_Author_Year}
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
For this purpose, the feature of ‘primary document manager’ in ATLAS.ti was found to be highly useful.
The significance of maximizing the use of the
‘primary document manager’ is that the entire
data was stored in ‘My Library’ a designated
folder in the computer and accessible by the
ATLAS.ti project known as ‘Hermeneutic Unit’.
The researcher could then access the data
anytime she needed to by only choosing the
‘primary document manager’ function which
essentially helped to manage all her data.
In the ‘primary document manager’, the data
are named according to the affiliations of the
type of data for ease of access later, for example
the type of data, author, year, names of respondent, date, etc.
Properly Build Up The Code List Inductively And Deductively
Another feature in ATLAS.ti which was used extensively in the
research process was the ‘code manager’. The ‘code manager’
manages all the codes in the list, based on thematic coding (Fereday
& Muir-Cochrane, 2008; Joffe & Yardley, 2003). Segments of the
data are coded based on the respective themes using the constant
comparative analysis method. During this process, the researchers
began to look at what makes a piece of data different and/or similar
to other pieces of data (Boeije, 2002). This method of analysis is
inductive as the researchers examine the data critically and draw
new meaning from the data (Glaser, 1965).
The coding feature in ATLAS.ti allows the researcher to properly build up the code list either way induct3
ively or deductively. When the researcher had a framework to begin with, the pre-conceived codes were
added to the ‘code manager’ hence allowing the coding process to be done deductively. The code list
was first built using themes at the higher order classifications or categories, such as definition, concept,
issues, and risk. Each of these themes were then broken up into smaller codes to fit into each of the big3
ger classifications (Denzin & Lincoln, 2000; Richards & Richards, 1994). Among the smaller codes derived
from the framework are concept of risks, privacy risks, security risks, legal risks and policy risks.
4
Figure 4: Naming the secondary data in the format
of {Type_Author_Year}
Figure 5: Naming the primary
data in the format
{Number_Case_Date_Gender_Rol
e}
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
As the researcher went through the data, new codes came up as emergent codes. These codes were eas3
ily added on inductively into the ‘code manager’ by comparing and checking with the existing codes in
the list (Thomas, 2006; Wolcott, 1994).
Track The Relevant ‘quotations’ From Time To
Time
When segments of the text were highlighted and
linked to the code(s), the highlighted segments
become ‘quotations’ and hence shown in context
of the ‘code manager’ under the heading ‘groun3
dedness’ (Please see Figure 7). Additionally, the
‘quotations’ were also given a unique identifica3
tion number in the ‘quotation manager’ which
made it easy for the researcher to track each and
every one of the relevant ‘quotations’ from time
to time when the need arose. This eliminated the
problem faced in the manual analysis i.e. keeping
track of relevant segments from the data.
The features of ‘code manager’ and ‘quotation manager’ in ATLAS.ti made it easy for the researcher to
double and even triple check the quotations for reporting purposes. A double click of the code name in
the ‘code manager’ opened up a dialog box
containing the list of ‘quotations’ linked to that
particular code. A single click of the quotation in
the dialog box would automatically take the re3
searcher to the highlighted segment with ease
(Friese, 2012).
Explore The Data Using The Built-in Feature
Query Tool
The researcher also made use of the ‘query tool’
feature in ATLAS.ti to explore the data being
analysed. Essentially, the query tool provided
features for retrieving quotations for specific
codes or set of codes identified by different
operators such as boolean operators, semantic
and proximity operators.
5
Figure 6: The ‘code manager’
Figure 7: The ‘quotations’ dialog box generated by
double clicking on the code name in the ‘code manager’
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
Apart from that, the researcher also frequently explored the data by using the co-occurrence tool to
generate the matrices of quotations which co-occur across all the data, both primary and secondary.
Numerically Explore Word/quotation Count In The Data
When the researcher needed to explore the word or
quotation count for the ‘codes’ against the data, the
function in ATLAS.ti which was used was the ‘output’
and ‘codes-primary documents table’. Therefore, instead
of finding out the total number of quotations for a
specific code in the ‘code manager’ under the heading
‘groundedness’, the researcher was able to explore the
quotation count for the specific code(s) for each of the
data documents. The table is sent for output in Excel
format. This table of ‘quotations’ count further allowed
the researcher to automatically create a figure hosing
the numerical output of the quotations counts in Excel
itself.
Visually Arrange The Objects To Iteratively Make Sense Of The Data
In respect of the primary data, to begin with, the interviews were transcribed and cleaned as part of the
data preparation steps. Thereafter, the data was read through for the obtaining of the general sense of
the data. This process is consistent to the suggestion by Bogdan and Biklen (2003) as part of the qualitat3
ive process of data analysis.
6
Figure 8: Creating a report for ‘quotations’
count to be sent to Excel
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
Figure 9: The output in Excel generated and sent from ATLAS.ti
Due to the simultaneous and
iterative natures of the data
analysis of this type under3
taken in the research, the re3
searcher found the features in
ATLAS.ti to be very helpful in
providing the tools needed.
For instance, had the re3
searcher conducted manual
analysis of the research, she
would have hundreds of
stick-on-notes on various
parts of the data
(‘quotations’) to provide further perception, understanding or clarification of the data. Instead, she de3
cided to adopt the ATLAS.ti software to make sense of her data. In the place of the traditional stick-on-
notes, she used the ‘memos’ function in ATLAS.ti identified by the shorthand book icon. Such memos
were virtually linked to segments of the text of the data or the codes itself thus replacing the traditional
stick-on-notes (Konopásek, 2007).
Apart from that, the ‘network view’ feature in ATLAS.ti allowed for visual exploration of the primary and
secondary data in making a general sense of the data for the purpose of generating findings of the re3
search (Hwang, 2008; Friese, 2012). Both weak links and strong links were created to show the mean3
ings drawn from the data for reporting purposes.
7
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
At the end of the analysis process, three higher-level codes were created in ATLAS.ti representing the
three major findings of the socio-legal implications of ICT adoption by the Malaysian courts. The codes
were: (1) Benefits of ICT adoption, (2) Drawbacks of ICT adoption, and (3) Risks of ICT adoption.
Conclusion
In conclusion, ATLAS.ti was used extensively by the researcher in deriving the preliminary findings of the
research, i. e. the adoption of ICT by the courts of Malaysia is shown to have raised a number of social
and legal implications. The research found that a number of implications arise from such adoption, in3
cluding both advantages and disadvantages. By adopting the technologies, the disposal rate of proceed3
ings has sped up compared to prior the adoption, as well as the backlog of cases has significantly re3
duced with the help of ICT. On the other hand, ICT also raised some drawbacks and risks associated with
its adoption by the Malaysian courts. This finding could be a catalyst for future research on the evidence
of these socio-legal implications of ICT adoption within the court settings.
The features of ATLAS.ti which were utilized extensively include the ‘primary documents manager’, the
‘code manager’ the ‘quotation manager’, the ‘query tool’, the ‘memo manager’ and the ‘network views’.
The experience in doing the qualitative analysis using a computer aided software such as ATLAS.ti proved
to be a significant decision by the researcher in making her work more systematic and eliminate problems
associated with traditional manual analysis.
8
Figure 11: The preliminary findings of the research shown in ‘network view’ feature
of ATLAS.ti
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
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9
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
Lewis, R. B. (2004). NVivo 2.0 and ATLAS. ti 5.0: A comparative review of two popular qualitative data-analysis pro3
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Field Methods
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(4), 439-464.
Mclellan-Lemal, E. (2008). Qualitative data management.
Handbook for team-based qualitative research
, 165.
Rowman Altamira.
Muhr, T. (1991). Atlas/ti—a prototype for the support of text interpretation.
Qualitative sociology
,
14
(4), 349-371.
Nwagwu, W.E. (2006). Integrating ICTs into the Globalization of the Poor Developing Countries.
Information Devel3
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22(3), 167-79.
Richards, T. J., & Richards, L. (1994). Using computers in qualitative research.
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Research Training For Social Scientists
. London, Sage
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Thomas, D. R. (2006). A general inductive approach for analyzing qualitative evaluation data.
American journal of
evaluation
,
27
(2), 237-246.
Velicogna, M. (2007). Justice Systems and ICT: What Can Be Learned From Europe? Utretch Law Review, 3(1), on3
line, available at http://www.utrechtlawreview.org/publish/ articles/000041/article.pdf accessed on 1
September, 2010.
Wolcott, H. F. (1994). Transforming qualitative data: Description, analysis, and interpretation. Sage.
Amal, al-Ashtal, (2009). Information and Communication Technologies (ICTs) for Development: Handling a Double-
Edged Sword. Online, available at http://www.shebacss.com/docs/PolicyFoucs/scssepf005-09.pdf ac3
cessed on 22 August 2011.
Anonymous (2010). CMS Briefing. Kuala Lumpur Courts Complex, Kuala Lumpur.
Anonymous (2010b). Brief Introduction On the Integrated Court System (ICS) in the Courts of Sabah and Sarawak.
Kuching Courts Complex, Sarawak.
Azmi, Z. (2010). Using Technology to Improve Court Performance: Malaysia’s Experience. Paper presented at Asia
Pacific Judicial Reform Forum 2010, 25-28 October 2010, Beijing.
Barry, C. A. (1998). Choosing qualitative data analysis software: Atlas/ti and Nudist compared. Online available at
http://socresonline.org.uk/3/3/4.html accessed on 1 September 2013.
Boeije, H. (2002). A Purposeful Approach to the Constant Comparative Method In the Analysis of Qualitative Inter3
views.
Quality & Quantity
, 36(1) 391-409.
Bogdan, R.C. & Biklen, S.K. (2003) Qualitative Research for Education: An Introduction to Theories and Methods.
New York: Pearson Education Group.
Carnevali, D. (2009). E-Justice and Policies for Risk Management, in: A. Cerrillo & P. Fabra (Eds),
E-Justice: Informa3
tion and Communication Technologies in the Court System
. United States of America, Information Science
Reference.
Cerrillo, A. & Fabra, B. (Eds) (2009).
E-Justice: Information and Communication Technologies in the Court System
.
United States of America, Information Science Reference.
Denzin, N. K., & Lincoln, Y. (2000). Qualitative research.
Thousand Oaks UA
Fereday, J., & Muir-Cochrane, E. (2008). Demonstrating rigor using thematic analysis: A hybrid approach of induct3
ive and deductive coding and theme development.
International journal of qualitative methods
,
5
(1), 80-
92.
Friese, S. (2012).
Qualitative Data Analysis with ATLAS.ti
. Sage Publications, UK.
Glaser, B.G. (1965). The Constant Comparative Method of Qualitative Analysis.
Social Problems
, 12(4), 436-445.
10
USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA
Hamidah, M. D. (2011). Contributions and Roles of the Court in the Development of E-Court. Round Table Confer3
ence on Transformation of Dispute Resolution Mechanism: Roles of the E-Court, Bangi, Selangor, 14 July
2011.
Hamin, Z. (2011). Wither the Cyber Crime Law: Governing Cyber Security Threats in the Information Age. Paper
presented at International Conference on Financial Criminology, Putrajaya 2011, 8-9 June 2011.
Hamin, Z., Othman, M.B. & Mohamad, A.M. (2011). Socio-Legal Implications of Courtroom Technology. 2011 IEEE
Colloquium on Humanities, Science & Engineering (CHUSER 2011), IEEE Explore, 143-147.
Huberman, A. M., & Miles, M. B. (1994). Data management and analysis methods. Online available at
http://psycnet.apa.org/psycinfo/1994-98625-026 accessed 1 October 2013.
Hwang, S. (2008). Utilizing Qualitative Data Analysis Software A Review of ATLAS. ti.
Social Science Computer Re3
view
,
26
(4), 519-527.
Joffe, H., & Yardley, L. (2003). 4 Content And Thematic Analysis.
Research methods for clinical and health psycho3
logy
, 56.
Konopásek, Z. (2007). Making thinking visible with Atlas. ti: Computer assisted qualitative analysis as textual prac3
tices.
Historical Social Research/Historische Sozialforschung. Supplement
, 276-298.
Lewis, R. B. (2004). NVivo 2.0 and ATLAS. ti 5.0: A comparative review of two popular qualitative data-analysis pro3
grams.
Field Methods
,
16
(4), 439-464.
Mclellan-Lemal, E. (2008). Qualitative data management.
Handbook for team-based qualitative research
, 165.
Rowman Altamira.
Muhr, T. (1991). Atlas/ti—a prototype for the support of text interpretation.
Qualitative sociology
,
14
(4), 349-371.
Nwagwu, W.E. (2006). Integrating ICTs into the Globalization of the Poor Developing Countries.
Information Devel3
opment,
22(3), 167-79.
Richards, T. J., & Richards, L. (1994). Using computers in qualitative research.
METHODS
,
1
, 1.
Stroh, M. (2000). Qualitative Interviewing, in: D. Burton (Ed.)
Research Training For Social Scientists
. London, Sage
Publications, 198-199.
Thomas, D. R. (2006). A general inductive approach for analyzing qualitative evaluation data.
American journal of
evaluation
,
27
(2), 237-246.
Velicogna, M. (2007). Justice Systems and ICT: What Can Be Learned From Europe? Utretch Law Review, 3(1), on3
line, available at http://www.utrechtlawreview.org/publish/ articles/000041/article.pdf accessed on 1
September, 2010.
Wolcott, H. F. (1994). Transforming qualitative data: Description, analysis, and interpretation. Sage.
Ani Munirah Mohamad
School of Law, College of Law, Government and International Studies, Universiti Utara Malaysia, 06010 Sintok,
Kedah, Malaysia. Tel: +6019-5555084, E-mail: [email protected]
Article Information
This article is published at the Digital Repository of Technische Universität Berlin, URN urn:nbn:de:kobv:83-opus4-
51241, http://nbn-resolving.de/urn:nbn:de:kobv:83-opus4-51241. It is part of ATLAS.ti User Conference 2013 :
Fostering Dialog on Qualitative Methods, edited by Susanne Friese and Thomas Ringmayr. Berlin: Universitätsverlag
der TU Berlin, 2014, ISBN 978-3-7983-2692-7 (composite publication), URN urn:nbn:de:kobv:83-opus4-51577,
http://nbn-resolving.de/urn:nbn:de:kobv:83-opus4-51577
11
