MALAYSIA

1
PENGAJIAN MALAYSIA

EN. IMADUDDIN BIN ABIDIN
UHM 1012
2

• THE GOVERNMENT
• STRUCTURE AND SYSTEM

3
EAGLE WHITE

• MOHD AFIZAN BIN ARIFFIN MB05034
• MOHD AZUAN BIN ABU SHAH MB05036
• MUHAMAD HARIF BIN GHANI MB05052
• MUHAMAD RUSYDI BIN ALI MB05053

4
INTRODUCTION

• Practices parliamentary democracy and is ruled as
  a constitutional Monarchy with Yang di Pertuan
  Agong as the head of the country.
• The federal Constitution of Malaysia divides the
  authority of the federation into its Legislative
  authority,Judicial authority and Executive
  authority

5

• The Malaysian Government follows the Constitution
  of the Federation of Malaya which was promulgated
  on Merdeka day, August 31, 1957 (revised in 1963)
  in setting up its administrative and policy
  making decisions
• Under the constitution, Malaysia as a federation
  is ruled as a Constitutional Monarchy with the
  appointment of the Yang di-Pertuan Agong (King or
  Supreme Sovereign) as the head of the country

6

• State level, each of the nine states of Perlis,
  Kedah, Perak, Selangor, Negeri Sembilan, Johor,
  Pahang, Terengganu and Kelantan is ruled by its
  own Sultan
• Melaka, Pulau Pinang, Sabah and Sarawak the Yang
  di-Pertuan Negeri (Governor of State) is the head
  of State

7
Government structure
8
YANG DIPERTUAN AGONG

• The supreme head of Malaysia
• He is elected by the conference of rulers for a
  term of 5 years or when those post fall vacant.
• Must be one of the nine rulers.

9
THE RIGHTS AND ROLE OF YDPA

• 1- Executive authority
• - Even every act flows from his authority but
  YDPA must act in accordance with the advice of
  cabinet.
• However some situation he may act in his personal
  discretion
• a- The appointment of PM
• b- The withholding of consent to a request for a
  dissolution of Parliament.

10

• c - call for a meeting for a conference of
  rulers.
• 3 important functions vested in the YDPA but
  exercise on advice.
• a- He is the supreme commander of armed forces
  but this role is purely ceremonial.
• b- He has power to grant pardons, reprieves and
  respites in respect of all criminal offences
  committed in the federal territories and all
  offences trialable by the Syariah courts in
  Penang,Melaka,Sabah and Sarawak.

11

• c- He has the power to appoint certain members
  of the Dewan Negara(senate)
• 2- Legislative power
• He has 30 days to assented the bill passed by
  Parliament otherwise on expiry of the 30 days
  period, it becomes law.
• 3- The prerogative
• - The only prerogative which exist are those
  which are traditional aspects of the rulers
  power (included Agong) such as the power to
  award honours and other ceremonial powers.

12
COUNCIL OF RULERS

• The council is represented by Rulers and
  Governors.
• It has 2 important roles
• 1- to safeguard the interests and status of Malay
  rulers
• a- selection of the YDPA and the Deputy YDPA
• b- Approves or disapproves any act, practice or
  religious ceremony (Islam) that involves the
  Federation as a whole.

13

• 2- Administration affairs of the country.
• a- Approves or disapproves any law and gives
  advice on whatever appointment that, under the
  Constitution, requires the approval of, or
  consultations with the Council of Rulers.
• b- Appoints members of the Special Courts
• Grants pardon, postpones or commutes sentences
  under Section (1) Art. 182.
• c- deliberate matters pertaining to national
  policies and all other matters deemed necessary.
• D- appointment of officers such as judges, the
  chairman, deputy chairman and members of

14

• commissions such as Public Service comm, the
  Election Comm, Education comm and countrys Chief
  Auditor- the council must be informed in advance
  of the appointments of the posts
• Conference of rulers is held 3 or 4 times a year
  and each conference lasts 3 days.
• It may be regarded as a forum for closed
  discussion among Rulers, the Federal and State
  government and for decision making in the
  interest of the nation.

15
The Legislative Authority

• Power to create the laws governing the country .
• Headed by the Yang di-Pertuan Agong, the
  Parliament consisted of two separate bodies the
  Dewan Negara (Senate) and the Dewan Rakyat (House
  of Representative).
• makes law which is applicable to the country as a
  whole ,have the authority to control government
  expenditure ,serves as a forum for criticism and
  the focus of public opinion
• Ninth Schedule of federal constitution also
  states that legislative power is to be shared
  between the Federal Government,State Government
  which systematically distributes it in a Federal
  list ,State List and Concurent list

16
The separation of power at federal, state
concurrent levels
17
(No Transcript)
18
The Executive Authority

• Power to govern the country
• Authority power is vested in the Yang di-Pertuan
  Agong
• The body which exercise this power is the
  Cabinet a group of Minister headed by the Prime
  Minister
• Each Minister must be approved by the King.
• Prime Minister and the Cabinet primarily
  regulates policy for domestic and foreign
  affairs.

19
Prime Minister

• Holds the Chief Executive title in Governing the
  country
• Won the majority seat in the Dewan Rakyat
• Main duty to preside over the Cabinet and to
  supervise the various portfolios in the
  Government.
• acts as advisor to the King on his duty such as
  the appointment and termination of Federal
  Judges, the filling and firing of senior
  executive in Civil Services and the passing of
  bills

20
Judicial Authority

• The Judiciary or the area of justice lies with
  the courts.
• The status of the Judiciary is also clearly
  embodied in the Federal Constitution (Article 121
  (1).
• Head of the Judiciary is the Lord President of
  the Federal Court. the authority vested in the
  Superior and Subordinate Courts

21

• According to Tun Mohamed Suffian, the courts have
  four big areas of jurisdiction
• 1. The power to interpret the Constitution
• 2. The power to interpret law
• 3. The power to proclaim a written Federal or
  State law invalid.
• 4. The power to declare a government action as
  invalid in the eyes of the law.

22

• Superior Courts comprise the Federal Court, Court
  of Appeal, the High Court of Malaya and High
  Courts of Sabah and Sarawak.
• In Peninsular Malaysia, Subordinate Courts are
  established under the Subordinate Court Act 1948,
  and comprise the Penghulus Court, Magistrates
  Court and Sessions Court

23

• East Malaysia, based on an amendment made in 1981
  to the Subordinate Court Act 1948, the
  Subordinate Courts comprise the Court,
  Magistrates, Native Court and Sessions Court.
• Chief Justice is appointed by His Majesty the
  Yang di-Pertuan Agong on the advice of the Prime
  Minister after consulting the Conference of
  Rulers and the appointment is applied to all
  courts
• Federal Court of Malaysia is the highest judicial
  authority and the final court of appeal in
  Malaysia.

24
The Superior Courts

Superior Courts
25
(No Transcript)
26
SPECIAL COURTS

• Was established on March 30, 1993 vide Act A848,
  now provided for in Article 182 of the Federal
  Constitution .
• states that "any preceding by or against the Yang
  di-Pertuan Agong or the Ruler of a State in his
  personal capacity shall be brought in a Special
  Court established under clause (1) of Article 182
  
• chaired by the Chief Justice of the Federal Court
  and he shall be assisted by four other members,
  namely the two Chief Judges of the respective
  High Courts and two other persons appointed by
  the Conference of Rulers who hold or have held
  office as a judge.
• has exclusive jurisdiction to try all offenses
  committed in the Federation by the Yang
  di-Pertuan Agong or the Ruler of a State and all
  civil cases by or against the Yang di-Pertuan
  Agong or the Ruler of a State, notwithstanding
  where the cause of action arose

27
State Structure
28
STATE FEDERATION

• Sultan or Yang di-Pertua Negeri is the head of
  state
• He has the prerogatives to summon and dissolve
  the Assembly upon the advice of the Chief
  Minister
• He delivers a State Address at the official
  opening of each new session of the Dewan

29

• Yang di-Pertua Negeri has to assent to all Bills
  passed by the Dewan before they become laws
• He has power to grand pardons, reprieves and
  respites in respect of all other offences
  committed in his State.

30

• Function of State advisory council (EXCO) is the
  same as Cabinet at federal.
• Lead by Menteri Besar or Chief Minister who
  appointed by sultan/ YDP
• Give advise to the Sultan about state
  administration
• State List comprises matters such as land,
  agriculture, forestry, local government, reverie
  fishing, Muslim law, etc

31
(No Transcript)
32
GROUP DISCUSSION

• What is the meaning of separation of power and
  explain its importance.
• As a democratic country, the system of
  government in Malaysia also practices the concept
  of distribution of power. Elaborate on the
  statement.
• Discuss the power of jurisdiction within the
  industrial court.

33
References

• Hasnah Hussiin, Mardiana Nordin, Pengajian
  Malaysia, Fajar Bakti, Sdn. Bhd., Kuala Lumpur,
  2000.
• INTAN, Malaysia Kita, INTAN, Kuala Lumpur, 1999.
• http//www.kehakiman.gov.my/
• http//www1.mmu.edu.my/husni/index2.html.