pengajian malaysia bab 4

MPW1133
CHAPTER 4
MALAYSIAN STUDIES
SYSTEM AND STRUCTURE OF
COUNTRY LEGISLATION

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TOPIC
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

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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

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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

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TOPIC
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 Dipertua
Negeri/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 Pertuan
Agong
Ke-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 Roadwork
Ministry of Science, Technology and
Environment
Ministry of Health Ministry of Human Resource
Ministry of Finance
Ministry 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
Commission
Ad-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
HAS
TWO
TYPES
OF LAW

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Federal State
YDPA
Parliament
Dewan
Negara
Dewan
Rakyat
Sultan /YDP
Dewan
Undangan
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

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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/

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