pengajian malaysia bab 4

MPW1133

CHAPTER 4

MALAYSIAN STUDIES

SYSTEM AND STRUCTURE OF COUNTRY LEGISLATION

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CHAPTER 4: System and Structure of Country Legislation

At the end of this chapter, students should be able to:

Explain the process to form the system and structure of

national administration.

Comprehend the main components in the Malaysia’s

administration system.

Observe the roles played by each body in running the

administration of the country.

LEARNING OUTCOMES

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4.1 The Process Of The Formation Of Government In

Malaysia

4.1.1 Administration System

4.1.2 The Theory Of Distribution Of Authority

4.2 Main Components In Malaysia Government System

4.2.1 Yang Di-Pertuan Agong

4.2.2 Executive Body

4.2.3 Legislative Body

4.2.4 Judiciary Body

4.3 Activity

TOPIC OUTLINES

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4.1 The Process Of The Formation of Government in Malaysia

Figure 1

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The changes in the government administrative pattern in this country can be

traced from the rule of the Malacca Sultanate where the Sultan became the

government platform assisted by the states officers like Bendahara,

Temenggung, Penghulu Bendahari and Laksamana.

Figure 2

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• The British occupant changed the pattern of administration. The elements of

British administration were absorbed in the Malay States administration.

• Until then, the Western form of administration has had major changes from

time to time.

Figure 3

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Yang Dipertuan Agong(YDPA)

Legislative

Parliament:

• YDPA

• Senate (Dewan Negara)

• Lower House (Dewan Rakyat)

Executive

• Prime Minister

• Cabinet of Ministers

• Ministries

Judiciary

• Chief Judge

• Court

FOR DETAILS PLEASE CLICK HERE

Structure in Malaysia.docx

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• The administrative system was divided into two levels, which were federal

and state.

• The federation government was responsible for the whole Malaysian

federation as stated in the Malaysian Federation Constitution while the national

state was to handle state administration according to the power of the Federal

Constitution

Figure 4


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• According to Charles De Montesquieu, the administrative structure in a

particular country should be divided and the administrative design should be

divided in order to prevent power domination by one particular sector or party. It

meant that every body had a specific obligation and role.

Figure 5

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There are three main administrative structures, which were the:

Executive Body

Legislative Body

Judiciary Body

Figure 6


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4.2 Main Components in Malaysian Government System

Figure 7: Jabatan Perdana Menteri

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Figure 8


4.2.1.Yang Di-Pertuan Agong

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The Coronation of the Yang Di Pertuan Agong -

14th.

Watch this video



Installation of the 14th Yang di-Pertuan Agong.mp4

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These are the conditions of the

appointment and responsibilities as the

YDPA:-

• Members were:

• Elected by the Rulers’ Council

• Based on a 5 year electoral system

• Elected from Raja/Sultan/

Yang DiPertuan Besar

• Position:

• Head of the country/federation

• Head of the Executive body

• Constitutional Monarch

Figure 9

Payung Negara

Watch this


Payung Negara.mp4

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Power of Discretion

• Appointment of Prime Ministers

• To give consent to dissolve the Parliament.

• To call for a Rulers’ Council meeting to discuss the position/privileges of the sultans.

Non-Discretion Authority

• Head of Islamic Religion

• Head of the Malaysian Military Services

• The appointment of judges/national attorney general/Yang DipertuaNegeri/members of commissions.


As the YDPA, he has the authority to appoint, to approve, call the meeting

and to determine the right things for the country.


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According to Article 34 of Federal

Constitution, the Yang DiPertuan Agong

cannot:

• Perform his duties as a sultan

except for being the

leader of Islam in his state..

• Hold a position that provides a

salary.

• Participate in industrial or trade

activities.

• Receive any emolument as a

king under clauses of the

Constitution or his state laws.

• Leave the federation for more

than 15 days in a stretch

without obtaining the approval

of the Rulers’ Council except to attend

to official matters.



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A sultan is eligible to be appointed as

the Yang Dipertuan Agong with the

exception:

• That he is still a teenager.

• He decides against being

appointed as Yang Dipertuan

Agong (even though it is his turn)

• He has physical or mental

problems.

• Other reasons that convince the

members of the Rulers’ Council

against a selection. A minimum

vote of five members was needed

in these circumstances in order to

decide against a choice.


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Yang Di PertuanAgongKe-14

Figure 10


Who is responsible to select the

Yang Di Pertuan Agong?


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• They are called Majlis

Raja-raja

• An institution at the

Federal stage established

on 1948 and consists of

king and sultan from the

nine states, Yang

DiPertua Negeri for

Malacca, Penang, Sabah

and Sarawak as well as

the Secretary of

Penyimpan Mohor Besar.

Figure 10



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• Duties:

• To appoint the Yang Dipertuan Agong and his deputy.

• To give approval/disapproval in matters pertaining to the Islamic

customs for the Federation, with the exception of Sabah and

Sarawak.

• To give consent regarding laws or to give advice on the

appointment to positions requiring the Council’s approval.

• To study the policies of the nation and also other affairs that require

their attention.

Among the duties of Majlis Raja-raja are:



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ACTIVITY 1

Class Activity 1: System and Structure of Country Legislation

CAN YOU GIVE :-

THE FULL NAME OF OUR 14th YANG DIPERTUAN AGONG

TOGETHER WITH HIS TITLE

KEBAWAH DULI YANG MAHA MULIA SERI

PADUKA BAGINDA YANG DI PERTUAN

AGONG SULTAN ABDUL HALIM

MUADZAM SYAH IBNI ALMARHUM

SULTAN BADLISHAH

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Figure 11: Parliament Malaysia



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• It is responsible for dealing with

government and administrative issues

and is not involved in judiciary and

legislative affairs.

• Headed by the Prime Minister.

• Government administration is

divided into:

• Federal government (Cabinet)

• State government (State

Assembly – EXCO)

Figure 12: Parliament



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Prime Minister

Cabinet of Ministers

Ministries

Commissions



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The appointment of a Prime Minister (PM) as the leader of the Cabinet is

conducted by the YDPA. A PM is appointed from the members of the House

of Representatives (Dewan Rakyat) and receives the support of the majority

of the Dewan Rakyat.

Figure 13



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Figure 14



The members of

Cabinet is comprised

Prime Minister as a

Leader and ministers

elected by the Yang

Di Pertuan Agong

upon the advise of the

Prime Minister.

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The duties of the Cabinet are:

To design the main policies of the nation

To decide government’s stand on various issues

To assist the federal government in standardizing the administration system

To implement the executive authority of the YDPA

Figure 15



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The Prime Minister’s Department

Ministry of Youth and Sport Ministry of Defence

Ministry of Home Affairs Ministry of Agriculture

Ministry of Culture, Arts and Tourism Ministry of Primary Industries

Ministry of RoadworkMinistry of Science, Technology and

Environment

Ministry of Health Ministry of Human Resource

Ministry of FinanceMinistry of Land and Cooperative

Development

Ministry of Foreign Affairs Ministry of Women and Family Development

Ministry of Rural Development Ministry of Transport

Ministry of Entrepreneur Development

Ministry of Education

Ministry of Information



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Commission can be divided into 2:

Permanent

CommissionAd-Hoc

Commission

SPA

SPR

SUHAKAM

SKMM

SPRM

Suruhanjaya Perkhidmatan Awam

Suruhanjaya Pilihanraya

Suruhanjaya Hak Asasi Manusia

Suruhanjaya Komunikasi

Multimedia Malaysia

Suruhanajaya Pencegah Rasuah

Malaysia

Commission


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It is similar to the Cabinet of the Federal level.

Menteri Besar / Head Minister leads MMKN for the states that have a King

or Sultan while Chief Minister leads MMKN, the states with no king.

Sabah it is known as a Cabinet while in Sarawak it is known as the Supreme

Council.



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Figure 16



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Figure 17


To legislate, amend and approve laws.

There are two levels to the legislative

body:

Federal Level: PARLIAMENT

State Level: Dewan Undangan Negeri

(DUN)


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RECORDED LAW

UNRECORDED LAW

• The Constitution

• Parliament approved Acts

• Enactment and Ordinance

• Subsidiary Legislations

• The Constitution

• Parliament approved Acts

• Enactment and Ordinance

• Subsidiary Legislations

• Custom and Tradition Laws

• Islamic Laws

• English Laws

• Court Judgements:

MALAYSIA HASTWO TYPES OF LAW



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Federal State

YDPA

Parliament

DewanNegara

DewanRakyat

Sultan /YDP

DewanUndangan

Negeri



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In the Legislative Body,

Yang Di Pertuan Agong act

as a Leader. Even though

Yang Di Pertuan Agong is

one of the Parliament

components, the Majesty is

not involved in making

the laws.

The majesty’s task is to

approve the law enacted

by the members of Senate

House and House of

Representatives.


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The general elections must be

conducted within 60 days for

Peninsular Malaysia and 90

days for Sabah and Sarawak.

The Yang Di Pertuan Agong must

call for a parliament meeting

within 120 days after it has

been dissolved


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The Senate is the Upper House of

the Parliament of Malaysia.

The Senate consists of 70 members,

of which 26 are indirectly elected by

the states, with two senators for

every state in the Federation, and

the other 44 being appointed by the

Yang di-Pertuan Agong (King).

The Senate reviews legislation that

has been passed by the lower house

of Parliament, the House of

Representative.

Originally, the Senate was meant to

act as a check on the Dewan Rakyat,

and also to represent the interests of

the various states.



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House of Representatives is the lower

house of the Parliament of Malaysia.

All bills must usually be passed by both

the House of Representatives and the

Senate, before they are given Royal

Assent by the Yang di-Pertuan Agong

(Monarch).

Members of the Dewan Rakyat are often

referred to as Members of Parliament or

MPs

Their functions are to discuss on the fiscal

or budget and to make /amend the law

while the Senate adjourned the meeting.

They have the right to decide matter

pertaining the fiscal policy



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One will have to relinquish his or her eligibility to hold a position in the

Senate and House of Representatives according to the Article 48 in

constitution if he is

Insane

Bankrupt

Hold a position that offers a salary

Unable to or fail to submit a statement of election expenses to the

Parliament/ State Legislative Council

Accused of criminal offences

Voluntarily acquiring a foreign citizenship



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Proposals

Legislated by Lawyers

First Reading

Second Reading

Committee Stage

Third Reading

At Senate (Repeat the

same process)

Authorization

GAZETTE

These are the processes or the flow on how the House of Representative and Senate read the draft before requesting for the consent of the YDPA



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Figure 18


The important role of the Judiciary body is to preserve the supremacy of the Constitution

and the balance of between the Executive and Legislative Bodies.

To ensure that the executive body does not misuse its power. The prime responsibility of

the Judiciary is to ensure that the laws of the nation are not opposed to the allocations in

the Constitution.


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1. To interpret the Constitution and laws of the nation

2. To decide whether the laws or the actions of the government are justified

3. To conduct hearings and sentences

4. To preserve and protect the rights of the citizens.

5. The authority declares documented (written) laws for the Federation as well as the state.



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FEDERAL COURT

High Court Lower Court Special Court


Refer Structure


Structure in Malaysia.docx

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STATE COURT

Syariah Court

Culture Court

/ Bumiputra Court

These can be easily find in the state level



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Group discussions on the functions and roles of each

ruling body.

4.3 ACTIVITY

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SUMMARY

Charles De Montesquieu stressed out that a suitable system

in a government should be based on the distribution of authority. Each

knew their responsibility and indirectly can contribute to the

development of the country. Any government in this world will use the

same method. However, It depends on the leader how to administer his

subordinate and direct his country to become a prosper or to destroy

the resources. We should be grateful to have such a great leader

assisted by the most influential Prime ministers and implemented the

constitutional democracy system. We learnt from mistakes and tried to

restructure to form the best governmental system throughout the world.

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NEXT SESSION REVIEW

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LIST OF REFERENCE

No Reference

1. “Perkhidmatan Awam, Meneraju Perubahan Melangkau

Jangkaan”, Najib Razak, Percetakan Nasioanal Malaysia Berhad,

2011.

2. “Kenegaraan Malaysia”, Ruslan Zainuddin, Mohd Mahadee Ismail,

Zaini Othman, Oxford Fajar, ed.2, 2010.

3. “ Pengajian Malaysia”, Cosmopoint International University College,

2002.

4. “Pengajian Am STPM”, Wong kHEk Seng, Raminah Hj. Sabran and

Kok Meng Kee, Penerbit Fajar Bakti Sdn Bhd, 2005.

5. “A Doctor in The House, The Memoirs OF Tun Mahathir bin

Mohamad”, Tun Dr Mahathir bin Mohamad, MPH Group Publishing

Sdn Bhd, 2011.

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APPENDIX 1

Figure Source

Figure 1 http://beladauseri.blogspot.com/2011/03/melangkah-ke-putrajaya.html

Figure 2 http://melakamalaysiatravel.com/?p=78

Figure 3 http://exlaodicea.wordpress.com/category/regnum-britanniarum/page/3/

Figure 4 http://www.panoramio.com/photo/19154396

Figure 5 http://www.panoramio.com/photo/19154396

Figure 6 http://www.flickr.com/photos/izzatfarid/page14/

Figure 7 http://norsurieanie.blogspot.com/2010/08/jabatan-perdana-menteri-dan-agensi.html

Figure 8 http://encikketam.blogspot.com/2010/12/wanita-pertama-memahami-konseptual.html

Figure 9 http://pena-bonda.blogspot.com/2010/08/yang-di-pertuan-agong.html

Figure 10 http://www.kosmo.com.my/kosmo/pix/2011/1213/Kosmo/Rencana_Utama/ru_03.1.jpg

Figure 11 http://kuburan.wordpress.com/

Figure 12 http://parlimenparitsulong.blogspot.com/2011/04/tajuk-jumlah-kes-pencerobohan-

kawasan.html

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APPENDIX 2

Figure Source

Figure 13 http://yobtualangsekah.blogspot.com/2011/09/umno-memang-

kaya-harta-tapi-miskin-jiwa.html

Figure 14 http://www.money4invest.com/malaysia-new-cabinet-2009/

Figure 15 http://www.malayatigers.com/topics/malaysia/page/6/

Figure 16 http://promptus.blogspot.com/2008/02/erosion-of-federal-

constitution-of.html

Figure 17 http://www.namnewsnetwork.org/v2/sec.php

Figure 18 http://www.loyarburok.com/2009/07/22/security-machines-at-

istana-kehakiman/

pengajian malaysia bab 4

Education

formation of government

administrative structure

administrative system

federation government

particular country

malaysian government

government platform

year electoral system