Malaysia: Competitive Authoritarianism in a Plural Society

6.1 Historical Background (MONTECER)

6.2 Constitutional History (MONTECER)
6.3 System of Government (PATANGUI)
6.3.1 Head of State (PATANGUI)
6.3.2 The Legislature (PATANGUI)
6.3.3 Government (PATANGUI)
6.4 Legal and Judicial System (TULBA)
6.5 Electoral System and Elections (MAJAN)
6.6 Political Parties and Party System (MAJAN)
6.7 Federalism (MAJAN)
6.8 Civil–Military Relations and the Security Sector (MAJAN)
6.9 Political Culture and Civil Society (TULBA)
6.10 Media System (TULBA)
6.11 Outlook (TULBA)

HISTORICAL BACKGROUND
Malaysia’s history started during 1400 AD from the Sultanate of Malacca. It was one of
the region’s dominant trading powers where in they started to spread or expand Islam.
The Sultanate Territories covered most of the East Coast of Peninsular Malaysia and
Sumatra. Malacca emerged as a glorious Government because of its strategic location
which was the meeting point between East Asia and the Middle East. This situation
allowed Malacca to emerge as a major trading center for spice trade, especially in
Southeast Asia. Islam was the main religion which emerged and became the main
religion of the residents because the Ruler himself had professed the religion.

In 1511, Malacca fell under the control of the Portuguese and that was the start of the
pioneer time in Malaya. From that point onward, Malaya fell under the control of the
Dutch in 1641 and British in 1824 through the Anglo-Dutch Treaty who affiliated
themselves with Penang and Singapore to become the Straints Settlement . British
colonization was the longest compared to others. The British had incorporated all the
Malayan organization which was recently overseen by the Malay Rulers with the
assistance of state dignitaries. The British intervention had aroused dissatisfaction
among the local population. Some individuals rise up against the colonial yet it was
easily defeated by the British as their efforts were more towards individuality. Among the
heroes that went against the colonialists were Dol Said, Tok Janggut, Datuk Bahaman,
Rentap, Dato Maharajalela, Rosli Dobi and several others. In the Federated States of
Perak, Selangor, Negeri Sembilan, and Pahang, the British established a resident
system under which the local Malay rulers—although formally sovereign—had to follow
the “advice” of a British resident who possessed de facto authority over all political
matters except where local customs or religious matters were concerned.

In 1920s and 1930s, there are many residents of Malaya started to acquire education,
and tha is either from the Middle East or local education. And as a result, this educated
group had appeared to fight in the name of nationalism. They used media such as
newspapers and magazines to spread their ideology. There were also among them who
had formed Associations such as the Kesatuan Melayu Muda (KMM) and Kesatuan
Melayu Singapura (KMS) which were aimed at driving away the invaders and formed
their own Government. When the people of this country were so eager to end the
invasion, they were jolted by the Japanese landing at the end of 1941 which brought
Malaya to another colonial era. Japan had occupied Malaya until 1945 before
surrendering as a result of the bombings of Hiroshima and Nagasaki.

Japanese resignation has given space to the Communist Party of Malaya (PKM) to
control Malaya. PKM has launched attack on Malaya through violence, they had murder
three European rubber farm managers in Sungai Siput, Perak.Thus, in June 1948, Sir
Edward Gent has declared emergency over Malaya. PKM did not succeed Malaya and
the British returned powerful. British Military Administration or BMA is between the end
World War II and establishment of the Malayan Union. On 1st April 1946, The British
established the Malayan Union. However, this idea got a fight from the Malays for
abolition the royal institutions and the Malays privileges.

The emergence of Tunku Abdul Rahman had given a silver lining to the struggle of the
Malayan nationalists when his action of forming the Alliance Party had started to open
the eyes of British to allow the Malayans to govern their own country. The unity between
the three major ethnic groups namely Malays, Chinese and Indians led to the London
Agreement that was signed on 8 February 1956 and had given signs that Malaya would
achieve independence on 31 August 1957. Upon returning Tunku Abdul Rahman Al-haj
from London, Tunku has made a declaration independence of Malaya in Padang
Bandar Hilir, Melaka on 20 February 1956. On 27 May 1961, Tunku Abdul Rahman
Putra Alhaj has suggested the merger of five colonies namely the Malaya, Singapore,
Sabah, Sarawak and Brunei to form a new country.

On 9 July 1963, representatives of the British government, Malaya, Sabah, Sarawak

and Singapore except Brunei caused the matter cannot be avoided. The desire for
forming a state called MALAYSIA is achieved on 16 September 1963.
CONSTITUTIONAL HISTORY OF MALAYSIA
The foundation of the Constitution of Malaysia was laid on 10 September 1877. It began
with the first meeting of the Council of State in Perak, where the British first started to
assert their influence in the Malay states. Under the terms of the Pangkor Engagement
of 1874 between the Sultan of Perak and the British, the Sultan was obliged to accept a
British Resident. Hugh Low, the second British Resident, convinced the Sultan to set up
advisory Council of State, the forerunner of the state legislative assembly. Similar
Councils were constituted in the other Malay states as and when they came under
British protection.
Originally playing an advisory role, the function of the council was later extended to
include both legislative and executive functions. This continued until 1948 when the
Federation of Malaya was formed by two agreements, namely the State Agreement and
the Federation of Malaya Agreement.
The State Agreement was of great significance to Malaysia's constitutional
development. By virtue of this agreement, the Malay Rulers with the advice and
concurrence of the traditional chiefs and elders of the states promulgated their
respective State Constitutions except for Johor and Terengganu where Constitutions
had already been in place since 1895 and 1911 respectively. The Rulers were also
required to distinguish the legislative power in their respective states from the executive
power, by constituting a legislative body, called the Council of State and State Executive
Council whose advice he was required to obtained.
The Federation of Malaya Agreement that served as the core for the current federal
system of central government was concluded as a compromise to the much-opposed
Malayan Union. The Federation consisted of the Federated Malay States (FMS), the
Unfederated Malay States and the Straits Settlements of Penang and Melaka. The FMS
consisted of Perak, Selangor, Pahang and Negeri Sembilan while the non-FMS were
Kedah, Perlis, Kelantan, Terengganu and Johor.
The federal government comprised the High Commissioner, an Executive Council and
Legislative Council. The agreement also provided for a Conference of Rulers with its
own elected chairman. Each of the states had its own Executive Council and Council of
States to deal with all matters not specifically reserved to the Federation. The Federal
Government was responsible for defense, the police, and the railways, labor,
broadcasting, post and finance. This 1948 Constitution remained in force with some
essential amendments, until 1957 when the Federation of Malaya gained its
independence.
A constitutional conference was held in London from 18 January to 6 February 1956
when the British promised Independence and self-government to the Federation of
Malaya. It was attended by a delegation from the Federation of Malaya, consisting of
four representatives of the Malay Rulers, the Chief Minister of the Federation (Tunku
Abdul Rahman) and three other ministers, and also by the British High Commissioner in
Malaya and his advisers.[1]
The conference proposed the appointment of a commission to devise a constitution for
a fully self-governing and independent Federation of Malaya.[2] This proposal was
accepted by Queen Elizabeth II and the Malay Rulers. Accordingly, pursuant to such
agreement, the Reid Commission, consisting of constitutional experts from fellow
Commonwealth countries and headed by Lord William Reid, a distinguished
Lord-of-Appeal-in-Ordinary, was appointed to make recommendations for a suitable
constitution. The report of the Commission was completed on 11 February 1957.[3] The
report was then examined by a working party appointed by the British Government, the
Conference of Rulers and the Government of the Federation of Malaya and the Federal
Constitution was enacted on the basis of its recommendations.
The Constitution came into force on 27 August 1957 but formal independence was only
achieved on 31 August however. The constitutional machinery devised to bring the new
constitution into force consisted of:

In the United Kingdom, the Federation of Malaya Independence Act 1957, together with
the Orders in Council made under it. The Federation of Malaya Independence Act, 1957
passed by the British Parliament gave parliamentary approval to Her Britannic Majesty
Queen Elizabeth II to terminate her sovereignty and jurisdiction in respect of the Straits
Settlements of Melaka and Penang and all powers and jurisdiction in respect of the
Malay States or the Federation as a whole.

The Federation of Malaya Agreement 1957, made on 5 August 1957 between the
British High Commissioner on behalf of Queen Elizabeth II and the Malay Rulers. The
Agreement contained the new Constitution of the Federation of Malaya (and the new
constitutions of Penang and Melaka).

In the Federation, the Federal Constitution Ordinance 1957, passed on 27 August 1957
by the Federal Legislative Council of the Federation of Malaya formed under the
Federation of Malaya Agreement 1948. The new constitutions of the Federation as well
as Penang and Melaka were given the force of law by the Ordinance.

In each of the Malay states, State Enactments, and in Melaka and Penang, resolutions
of the State Legislatures, approving and giving force of law to the federal constitution.
The Federal Constitution was significantly amended when Sabah, Sarawak, and
Singapore joined the Federation to form Malaysia in 1963.
6.3 System of Government

The Government Of Malaysia

Malaysia is a federal constitutional monarchy. Its government system closely resembles

the Westminster parliamentary system while the jurisdictions of the country are based
on the common law. The state is categorized as a representative democracy. The
Federal Government has its headquarter in Kuala Lumpur while the federal executive of
Malaysia is in Putrajaya. The federal government adheres to and is formed by the
country’s Federal Constitution which is the final authority on the land. The federal
government operates on the basis of power separation as outlined in Article 127 of the
Malaysian Constitution. There are three branches of the federal government of Malaysia
including the executive, judiciary, and the legislature.

Executive Branch

Executive power is vested in the cabinet led by the prime minister; the Malaysian
constitution stipulates that the prime minister must be a member of the lower house of
parliament who, in the opinion of the Yang di-Pertuan Agong, commands a majority in
parliament.

Judicial

The Federal Court is the supreme court; it is the final court of appeal, and it has
exclusive jurisdiction in constitutional matters and in issues arising between states or
between the federal government and states. High Courts are located in Peninsular
Malaysia and in Sabah/Sarawak.

Legislature

Parliament is the highest legislative body in Malaysia. It consists of His Majesty The
King as the Head of State, The Senate and The House of Representatives. Article 55 of
the Federal Constitution stipulates that only His Majesty The King can summon for
Parliament to be in session.

The State Government Of Malaysia

Malaysia has 13 states with each state forming its government under the state
constitution. The states also have unicameral state legislative chambers. The state
governments are headed by the Chief Ministers who also a member of the state
assembly from the majority party. The Chief Ministers are appointed by the sultan or
Governors upon the recommendation of the prime minister and must be Malay to qualify
for consideration for appointment.

The Local Government Of Malaysia

The local authorities are the lowest level of government in the country. The local
government mainly collects taxes, creates by-laws, and issue licenses and permits to
traders. The local government also provides basic amenities, manages waste, and
develops areas under their jurisdiction. The local governments are under the
supervision of the state government and are headed by the civil servants. The state
government appoints the local governments.

HEAD OF STATE

Malaysia’s head of state is the king (Yang-di Pertuan Agong). He is elected among the
nine traditional Malaysian rulers for a term of 5 years (Appendix V, Section 7 of the
Malaysian Constitution). The election follows a rotational system under which each of
the nine rulers consecutively serves as head of state. The traditional state sultans of
Negeri Sembilan, Selangor, Perlis, Terengganu, Kedah, Kelantan, Pahang, Johor, and
Perak and the governors of the four remaining states of Penang, Malacca, Sabah, and
Sarawak make up the Conference of Rulers. However, except for its role in
constitutional amendments, the Conference only has the right to grant pardons and
monitor the application of religious law and must be consulted in the ppointment of
federal judges. Its role is, hence, mostly symbolic with little genuine political power.

appointment of federal judges. Its role is, hence, mostly symbolic with little genuine
political power. The king serves mostly a representative and ceremonial role; the
political directives of the cabinet (Art. 40) bind him, and the rotational system has
precluded individual rulers from establishing a permanent base of individual political
power.2 Among his duties, the king appoints the prime minister, who is usually a
member of parliament that commands a majority in the lower house. The king can also
request the prime minister to dissolve parliament, but the constitution is unclear as to
whether the prime minister has to comply with this request (Jones 1995, p. 17). Since
1994, the king no longer has to sign bills to enact them into law (Jones 1995, p. 15).
Upon recommendation by the prime minister, the king appoints the cabinet ministers,
their deputies, the attorney general, the president, the judges of the Federal Court of
Malaysia, the supreme commander of the armed forces, and—on request of the chief
minister of each state—the governors for all constituent states without a traditional ruler.
Finally, the king is supreme commander of the armed forces, but operational command
and control of the Malaysian military rests with the Ministry of Defence. The king is also
symbol and custodian of Malay traditions, protector of the bumiputera population, and
the highest Islamic authority in federal states without a traditional ruler (Ziegenhain
2008, p. 168). In the past, the king clashed repeatedly with Prime Minister Mahatir bin
Mohamad (1981–2003) and, among other things, lost his immunity from criminal
prosecution. In 2015, the Conference of Rulers unanimously demanded the government
to complete the investigation of a corruption scandal supposedly involving Prime
Minister Najib Razak and to punish those involved in the scandal (Lee 2016). In recent
decades, the role of the monarch as an integrative force in a plural society is under
pressure from two sides. On the one hand, the process of modernization weakened the
position of the traditional rulers within the Malay community while on the other hand,
members of the Indian and Chinese communities perceive the traditional rulers and the
king as an expression of bumiputera privilege and discrimination against other
communal groups (Singh 1995).

The Legislature

Malaysia has a bicameral parliament, consisting of a 222-member Dewan Rakyat

(House of Representatives) and a 70-member Dewan Negara (Senate). The members
of the lower house are directly elected in single-member constituencies for a 5-year
term and by-elections are held in case a member of parliament cannot fulfill his or her
term and there are still more than 2 years until the next scheduled general election (Art.
54).

At the level of the constituent states, traditional rulers can act more independently. In
2009, the Chief Minister of Perak and chair of the opposition party PAS asked the
Sultan of Perak to dissolve the state assembly; he turned down this request and instead
appointed an UMNO politician as chief minister

In the Senate, the 13 state assemblies each elect two senators, whereas the prime
minister nominates the remaining 44 senators who are then appointed by the king for a
3-year term. Membership in the lower house is incompatible with a seat in the Senate.
The constitution mandates that candidates for appointed positions are either individuals
with proven professional experience, a good track record, special skills, or represent
important societal groups. Generally, prime ministers mostly nominated members of the
Barisan Nasional and its component parties who failed to win a seat in the lower house
(Wu 1997, p. 170). The Senate is intended as a chamber of reflection and review and to
protect state interests. From the constitution, it appears that the upper house has the
same rights as the lower house, except for financial bills, but the Senate has never used
its right to initiate or veto legislation (Funston 2006, p. 180). Overall, the Senate’s role in
the legislative process is marginal because bills are usually submitted on short notice
and the short annual sitting period (2011: 23 days) leaves little room for debate.
Furthermore, the Senate can only apply a suspensive veto on bills passed by the lower
house, which can easily be repealed. The ability of the lower house to monitor the
government and to influence policy-making is also limited. In the Malaysian political
system, almost all legislation is proposed by the government, although legislation has to
be approved by both houses of parliament (Heufers 2002, p. 50). Usually, a piece of
legislation enters the House of Representatives and goes through the following stages:
After the first reading, bills are examined in detail by the respective parliamentary
committee. In general, the committees lack staff support and basic information
technology capabilities. Moreover, the ruling parties who dominate most cabinets
prevent an open-ended or overly critical debate at this stage. Even the budget
committee, usually one of the most powerful bodies in parliament and intended to hold
the government accountable, has neither a dedicated budget nor scientific or
administrative personnel (Abdullah 2008, p. 48). The changes made to a bill in the
committee are reported to and debated by the House, which is invited to consider the
bill as a whole, approve the changes by the committee, and consider any further
proposed revisions. The final version of a bill is then sent to the House for a short final
debate without the chance for further amendments. As in other authoritarian regimes,
the House of Representatives is weak in comparison to the executive branch.
Furthermore, similar to most other parliamentary systems of government, political
confrontation does not take place between the government and the parliament but
between ruling coalition parties and the opposition, where the latter can hardly play a
dominant role in making parliament work. Nevertheless, opposition members have
contributed to the process of checks and balances in the government by asking
questions to relevant ministries and by initiating adjournment motions, but also by
suggesting alternative policies, some of which were implement by the ruling coalition
(Omar 2008). Yet, although the opposition has tried to hold the government accountable
through parliamentary inquiries, it usually failed due to a combination of restrictive
parliamentary procedures, partisan behavior by the speaker of the House, and the
unwillingness of the government to answer questions properly
6.4 Legal and Judicial System (TULBA)

Part 4 of the Malaysian constitution deals with the judicial branch's structure. It is
strongly centralized and based on English common law, as well as Islamic law to a
lesser extent. Trials are divided into two categories: civil and criminal. Due process is
followed in criminal proceedings, thereby ensuring a fair and public trial with
independent judges. The Magistrates Courts are at the bottom of the multilevel court
hierarchy, followed by the Sessions Courts, the High Courts for Malaya and Borneo
(Sabah and Sarawak), the Court of Appeal, and the Federal Court of Malaysia
(Mahkamah Persekutuan Malaysia), which is the highest court in the country.

Outside of this structure of subordinate and superior courts, there are other variety of
courts. On the Malaysian peninsula, there are Penghulu Courts and Syariah Courts, as
well as Native Courts on Borneo. The court is made up of at least 11 federal judges, a
chief justice, the president of the Court of Appeals, the two presiding justices of
Malaysia's High Courts. All higher court judges must have a minimum of ten years of
experience practicing law in Malaysia. The prime minister nominates federal judges
after consultation with the Conference of Rulers, and the king appoints them. At the age
of 65, all judges of the superior courts and the Federal Court retire. If they are
determined to be unsuitable for health reasons or a special tribunal detects symptoms
of wrongdoing, they can be dismissed early by the king on the prime minister's
recommendation.

Furthermore, all of the judges at the Subordinate courts are civil servants who report to
the attorney general, who reports to the prime minister.

6.5 Electoral System and Elections (MAJAN)

In July 2019, just recently, the voting age in Malaysia was reduced from 21 to 18 years
old with 211 out of 222 lawmakers who supported the federal constitution’s amendment
which they call, UNDI18 which stands for Vote18 and it aims to bridge the gap between
politicians, policymakers, and the youth. So the government has observed the
increasing political awareness of the youth over the years that helped them in achieving
their right to take part in strengthening democracy in the country. Now Malaysia, being a
Federal state, two levels of elections exist in their country. One is the federal level which
will need 222 elected members for the Dewan Rakyat or the House of Representatives
and the State level which has a number of elected officials that varies between states
since they are of different sizes. But when it comes to the prime minister and chief
minister, the people don’t get to choose who they prefer because it is within the
jurisdiction of the parliament members.

Here in the Philippines we have COMELEC, in Malaysia they call their election body EC
or Election Commision and the Chairman as of present is Abdul Ghani Salleh who was
appointed in August 2021.

When it comes to nomination, they set up nomination centers where candidates can
register themselves. However, this is where democracy is being tested, the candidates
have to deposit a total of 15,000 Malaysian Ringgit, so that’s 183,765.11 pesos when
converted as of today’s currency rate and not everyone is financially capable or can
even find financial support right? So whether or not you have the potential of becoming
a great leader, long as you don’t have 15,000 Ringgit, you will be excluded from
candidacy. In Malaysia, the campaign period runs from the date of nomination until the
election day and on the election day, registered voters may cast their ballots in voting
centers and just like here in the Philippines voting centers are typically schools or
community centers.
Finally for the counting and announcement of results, it is done through manual voting,
that’s by hand and then they will transport it to the counting center to count it again and
they will announce the results through radio, television and newspaper.

Although not binding to the democratic way of elections due to their current political
system, cause as mentioned they don’t have absolute democracy and one example
given to reflect that was the monetary benefit requirement, their system is still
considered competitive because they do establish opposition parties that have fair
chances of winning that’s why election results can’t just be manipulated and in fact, in
2008 the opposition won the plurality of votes and in 2018 the opposition leader won the
majority in parliament.

6.6 Political Parties and Party System (MAJAN)

Malaysian politics has adopted the multi-party system, which has been installed since
the first direct election for the Federal Legislative Council of Malaya in 1955. But before
they finally achieved their independence in 1957, they already had their first party list
which is the Communist Party of Malay or CPM which controlled Malaya after the
Japanese colonizers resigned due to the bombing in Hiroshima and Nagasaki in 1945.
Today, Malaysia has developed a two-block system with Barisan Nasional as the ruling
party and Pakatan Rakyat as the opposition.
In comparative perspective with the rest of the region, the Malaysian party system
stands out because of these four dominant Features:
The emergence of multiparty politics in Malaysia occurred along existing social
cleavages

As discussed in the history of Malaysia, Malaya was before 90% Malay. But because of
the hired labor workers coming from China and India, the population dropped to 50.1%
and of course as time went by these immigrants found themselves living permanently in
Malaya until they had the courage to speak up about their supposed privilege as a literal
resident despite their race and religion and they did it through forming political parties.

Malaysia’s party system is relatively well institutionalized, and competition

between parties as well as party-voter alignments are relatively stable.

This is also related to the first feature about the cleavages, each party list has a clear
ideology which aligns to the type of people that they claim to represent for example the
United Malays National Organisation which is the leading organization of Barisan
Nasional, their goal was to defend the privilege of the Malays despite being colonized
and they even partnered with chinese and indian malays andff eventually within the
Barisan Nasional party, there was a divide again between the islam and secularist and
so, the islam decided to break off Barisan and they formed the Malaysian Islamic Party.
So it can really be observed how these partylists are dedicated to relatively representing
the citizens.

Contemporary Malaysia has a dual-party system: one for the Malay Peninsula
(West Malaysia) and another one that emerged in Sarawak and Sabah (East
Malaysia).

Historically, geographically and religiously, West and East Malaysia are different and the
government acknowledges this reality through establishing a dual-party system.
Considering that their political system is described as stable, it explains the dual-party
system that allows the representatives to align their goals with the interest of the voters
that are influenced by their geography, history and assets.

There has been a remarkable increase in the degree of party competition in

Malaysia since the late 1990s

Again as mentioned, the formation of the UMNO was eventually followed by the
breaking off of the Islamic members to improve the islam situation in malaysia and then
the democratic party which is for Social democracy Multiracialism Secularism and
People Justice Party which is for social justice and anti-corruption.

Cleavages are the most significant factors that caused the formation of these partylists,
particularly communal identities, ethnicity and religion.

6.7 Federalism (MAJAN)

Without the differences in voters’ preferences, the emergence of various party lists
would not ideally happen and these preferences come from the 13 states of Malaysia
which is the only federal state in Southeast Asia. There are 11 states in the West and 2
states in the East and the states of Kuala Lumpur, Putrajaya, and Labuan are
considered as federal territories that are directly governed.

Malaysia’s Federalism has two basic features:

1. Asymmetric Distribution of Powers
Unlike other states, Sabah and Sarawak from East Malaysia have more autonomy when
it comes to taxation, immigration and citizenship, trade, transportation and
communication, fisheries and other aspects of social affairs because they aim to reflect
the development of malaysian history since the other part which is the east is less
developed and is more abundant in natural resources

2. HIGHLY CENTRALIZED SYSTEM OF DISTRIBUTION OF POWERS BETWEEN

THE
FEDERAL GOVERNMENT AND THE STATES

As the federal government creates and sets the national policies, the state and district
governments carry out (execute) those policies. In analogy to the government patterns,
the federal government is legislative who enacts laws and regulations while the state
and district governments are executive who execute and implement such.
So when it comes to budgeting, only the national legislature can pass the legislation on
taxation and state governments only have control over revenues levied from logging
and land concessions, natural resource exploitation, and selected agricultural products
and these states don’t have autonomous revenue so they still depend on the federal
government when it comes to transfers such as having

(1)10% of all export duties from tin and iron production for mining minerals;

(2) general subsidies granted for unforeseen needs of the states; and

(3) special grants or based on agreements with individual states like Sabah and
Sarawak cause they were granted with new road maintenance in exchange of joining
the federation.

6.8 Civil–Military Relations and the Security Sector (MAJAN)

The relationship between civilian and military in Malaysia is based on the principles of
centralized government control of the armed forces, the recognition of civilian
supremacy over armed forces, military professionalism, and strong informal and
historical linkages between the Malaysian Armed Forces and Barisan Nasional. So
during the british rule, the Royal Malay Regiment was formed. It is an experimental
company that aims to represent the martial traditions of Malay and so the British trained
them and fought the Japanese during world war II. That is why ethnicity plays a crucial
part in the civil military interaction because of the overrepresentation of the Malays that
the king, who is the supreme commander traditionally should have a malay chief of
defense and this also applies to the secretary general of the ministry of defense.

Back then during british colonization there was an incident where members of the
malayan army murdered three rubber planters causing the british government to call for
an emergency which is historically known as the malayan emergency. So members of
the army even attack mines, police stations and they burn workers’ houses as well, all
for sovereignty. But despite this, The relationship of military and civil groups is not
destabilized because:
First, the military had no role in the nationalist movement and their ways of gaining
sovereignty in the past
Second, during the communist insurgency, Malaysia was still under the British
command and even after independence, counterinsurgency was mainly the task of the
police.
Third, the country has not faced any external security threats since the conflict with
Indonesia over the integration of Sabah and Sarawak into the Federation that ended in
1966. So in the government’s perspective, their budget from fiscal resources could be
allotted for economic development instead of spending so much on the military but it
doesn’t mean that the troops cannot function well by being underfunded because they
have great participation in policy-making through the National Security Council and
security committees. And lastly, the relationship of the Barisan Nasional which in which
UMNO is the leading organization and the party list of the current prime minister Ismail
Sabri Yaakob, has established a personal and economic relationship through incentives
and employment opportunities to preserve Malay predominance and maintain the
loyalty of the military.

6.9 Political Culture and Civil Society (TULBA)

Malaysia gives civil society only a little amount of room to organize and express
criticism. Their government strictly regulates associational activities, attempting to
co-opt or even prevent the growth of secondary associations. Malaysia, on the other
hand, differs from other authoritarian governments like Singapore and Cambodia
because it’s civil organizations “come in a confusing array of manifestations—from
academic and professional groups to grassroots groups, business-oriented groups,
charity organizations, and most of all, ethnic and religious groups”. Malaysia's modern
civil society may be traced back to the British colonial authority in the nineteenth
century. Cultural and religious organizations, the Chinese education movement, as well
as Malay charity organizations and rural associations arose at that time. These
organizations paved the way for today's NGO’s.

Since 1957, there have been three major phases of civil society development: the first,
from 1957 to 1969, was characterized by religious and cultural organizations. Each of
the three dominant ethnic groups - Chinese, Indians, and Malays have their own
organisations. Muslim organizations were an important part of the first phase as well as
ethnic Indian associations who had 252 organizations formed in 1975; the Chinese
education movement led by the Dong Jiao Zong was notably active in supporting the
preservation of Chinese schools and the use of the language Chinese in the educational
system.

From the early 1970s onwards, civic society began to mature. The "dakwah" -
movement, which refers to the widespread Islamic revival of the 1970s, has evolved into
a substantial component of civil society, with the Malaysian Islamic Youth Movement
(Angkatan Belia Islam Malaysia, ABIM) becoming the country's largest NGO. Large
segments of the Malay middle class and students were organized by Islamic NGOs to
advocate for suffering farmers. Human rights activists formed groups like Aliran and
later Suara Rakyat Malaysia (SUARAM) and the National Human Rights Society
(HAKAM) to urge that the government should respect human rights.

From the late 1990s until today, the third phase has seen the emergence of a civil
society movement that has for the first time bridged social and ethnic divides. Civil
society leaders as well as opposition party activists worked together in the reformasi
movement and urged the adoption of fundamental social and political reforms. The
reformasi movement represented the pinnacle of civil society activism and the growing
oppositional capacity to express protest.

6.10 Media System (TULBA)

Malaysia has a diverse media landscape. There are roughly 2000 private radio stations
and 200 TV channels, including five national and 13 regional public ones. Two terrestrial
channels are broadcast by Malaysia's state television station, Radio Televisyen
Malaysia (RTM). More than 80 dailies and weekly magazines in Malay, English,
Chinese, Tamil, and Jawi, with a combined circulation of over 4.5 million, are available
in print. With almost 1 million issues per day, Chinese newspapers have the highest
circulation rates. Around 95% of the population has access to television, radio, and
newspapers, with television being the most important source of information.
In malaysia. all media outlets must register, and laws such as the Press and Publication
Act, the Broadcasting Law of 1988, the Official Secrets Act, and the Sedition and
Internal Security Act are routinely used to restrict freedom of expression and the press.
Any type of print media requires an annual license that can be rejected or repealed by
the government without cause or judicial redress, while television broadcasts are
subject to similar limitations. In 1961, UMNO acquired a majority stake in Utusan
Melayu, a newspaper recognized for its critical reporting at the time. UMNO also
controls shares in "Media Prima Berhad," a government-friendly media conglomerate
that owns four national television stations, three radio stations, and half of Malaysia's
English and Malay language newspapers. Today, all of these serve as government
mouthpieces. The company Huaren Management, which is intimately affiliated with the
MCA, owns the majority of Chinese media. The MCA owns 'The Star,' Malaysia's largest
fee-based English daily by circulation. Due to these limits on journalistic freedom,
Malaysia has a low position in the Press Freedom Index, ranking 144th out of 180
countries.

In 1996, Prime Minister Mahatir established a special economic zone for information
and communications technology in Malaysia, in an attempt to create a "Asian Silicon
Valley." In the Multimedia Bill of Guarantee, the government stated that it would not
control the internet in order to attract foreign companies.

Clearly, social media is becoming an increasingly crucial instrument for

internet-connected urban and middle-class voters, and it allows journalists, civil society
activists, and opposition parties to bypass censorship and rally supporters more readily.
As a result, controlling public opinion has become increasingly difficult for Barisan
Nasional, and the government still hasn't found an effective solution, as the 2013
general elections seem to show.

6.11 Outlook

in comparison to most other Southeast Asian political systems, malaysian politics has
displayed an extremely high level of political and social stability. Following the "May 13th
Incident" of 1969, the ruling coalition was able to recalibrate the political system in a
more authoritarian form, eventually resulting in a competitive authoritarian state.

Because the control of coercive, symbolic, and economic power enabled Barisan
Nasional to manage existing conflicts peacefully, co-opt relevant elites, and survive
political crises like the Asian Financial Crisis of 1997/98. However, the falling electoral
strength of Barisan Nasional, as evidenced by the results of the 2008 and 2013 general
elections, raises major issues about the long-term viability of Malaysia's authoritarian
regime.

Increasing election volatility, eroding social milieus, political party defection, and an
increase in public protests have caused the government to rely more on coercive tactics
of control, whereas its traditional tools of co-optation and legitimization have become
stale. However, it remains to be seen whether these challenges will eventually lead to
political liberalization and a transition of the political system to a more democratic
regime, or whether the ruling coalition will respond to the mounting pressures by
escalating repression and closing the existing space for political participation. In fact,
Malaysians are concerned that significant changes to the current political–social order
will eventually lead to the loss of long-held advantages. The bulk of Malay voters, as
well as bureaucrats, police, and the military, remain loyal to UMNO, and there is no
evidence that it is willing to give up either the concept of Malay supremacy or its own
standing as the "natural born" ruling party.

The Federal Government Of Malaysia

The federal government of Malaysia is the highest level of authority in Malaysia with its
headquarter in Putrajaya. The federal government of Malaysia is headed by the Prime
Minister. This level of government has three branches namely the executive, legislature,
and judiciary. The cabinet led by the prime minister exercise the executive powers as
stipulated in the constitution. The Malaysian premier is a member of the lower house.
The prime minister heads the government together with other several cabinet ministers.
The Parliament of Malaysia is made up of the lower house, the House of
Representatives, and the Senate. The seventy Senate members have a two-term limit
with each term lasting three years. The Dewan Rakyat is composed of 222 members
elected from the single-member district. Although the parliament has a five-year
mandate, the king may dissolve it at any time upon the advice of the prime minister. The
Federal Court of Malaysia is the highest court the country’s judicial system, followed by
the Court of Appeal, and the two High Courts. There are also subordinate courts.
The Legislature

Malaysia has a bicameral parliament, consisting of a 222-member Dewan Rakyat

(House of Representatives) and a 70-member Dewan Negara (Senate). The members
of the lower house are directly elected in single-member constituencies for a 5-year
term and by-elections are held in case a member of parliament cannot fulfill his or her
term and there are still more than 2 years until the next scheduled general

Additional

At the level of the constituent states, traditional rulers can act more independently. In
2009, the Chief Minister of Perak and chair of the opposition party PAS asked the
Sultan of Perak to dissolve the state assembly; he turned down this request and instead
appointed an UMNO politician as chief minister (The Star 2010)

Malaysia is a constitutional monarchy and parliamentary democracy of federal and state

level. It is made up of 13 states and two federal territories, which are divided into two
distinct parts of Peninsular Malaysia and East Malaysia provinces of Sabah and
Sarawak in North Borneo. Malaysia was formed in 1963 through a federation of the
former British colonies of Malaya and Singapore, that’s included of Sabah and Sarawak.

The unique of the monarchy because is have the nine hereditary sultans elect from
among themselves a ‘Yang di-Pertuan Agong’ for a five year term. The Yang di-Pertuan
Agong will be the King with a five year reign that is the chief of state of Malaysia. The
rotates of throne and each Yang di-Pertuan Agong for five years then graciously steps
down allowing his brother Rulers the opportunity in turn to play role on the national
stage of the Yang di-Pertuan Agong. If the Yang di-Pertuan Agong wanted to shortened
his ruled therefore, he need to have a specific reason for the step down of the position.

The role of Yang di-Pertuan Agong is a Head of State, Head of Islamic Religion and
Supreme Commander of the Armed Forces but is constitutionally bound to ‘act in
accordance with the advice of the Cabinet or a Minster acting under the general
authority of the Cabinet’ ( Legal Research Board ). The role of Yang di-Pertuan Agong is
to giving a support to the government to rule and promote democracy to the states. It is
clearly seen in Article 40, that’s the Yang di-Pertuan Agong have his rights within the
executives to appointed task for the ministers, Cabinet ministers, deputy ministers,
judges and so as the Ambassadors. Based on the Article 40 , the Yang di-Pertuan
Agong shall not abuse the power but to maintain the better trust to the public by ruling
the government and to show the value of the position to the states.

The Yang di-Pertuan Negeri ( Governor of State ) is ruled by own Sultan, of nine state of
Perlis, Perak, Kelantan, Negeri Sembilan, Pahang, Johor, Kedah, Terengganu and
Selangor. The Conference of Rulers, or Majlis Raja-raja is made up of the nine Sultans
(hereditary rulers) of the states and the Yang di-Pertuan Negeri (Governors) of the
states where no Sultan exits such as Malacca, Penang, Sabah and Sarawak). If the
place got no Rulers the Chief Ministers (Mentari Besar / Ketua Menteri) are the heads of
government.

The Role, Power and executive function of Yang di-Pertuan Agong

The role of Yang di-Pertuan Agong is to giving a support to the government to rule and
promote democracy to the states.

There are some matters in respect of the Yang di-Pertuan Agong is empowered to act in
this discretion relate to :

The appointment of a prime minister

The withholding of consent to a request for the dissolution of Parliament,

The requisition of a meeting of the Conference of Rulers concerned solely with the
privileges, position, honours and dignities of their Royal Highnesses, and any action at
such a metting

And in any other case mentioned in the Constitution

However, the Yang di-Pertuan Agong is also the ruler of a state has discretionary
powers pertaining to his function as the head of the Muslim religion or relation to the
customs of the Malays citizens that he has the power to the offences and to sentences
out by the Syariah Courts in the state. It is also the appointment of heirs, consorts,
regent or Council of Regency, the award of honours and the regulation of royal courts
and palaces. There are also things that the Yang di-Pertuan Agong are not allow to do
such as have contacted with any businesses and hold of any position that with salaries
during his duties of the ruler of his state. It is strictly not allows to leave the state more
than 15days unless he is going on official national matters or got the approval from the
Council of Rulers.

In 1948, the Conferences of Rulers it is well established by the Constitution of the

Federation of Malaya. Is involved nine sultans and four governors or lastly is the Yang
di-Pertuan Agong. His Deputy and the Yang di-Pertuan Agong have a main function is
to appoint the task for the nine sultans. The Conference of Rulers is also extension of
the matter for religious to pertain to the Islam and in the Bill of Constitution that have
amended. The Yang di-Pertuan Agong have the right to exception for the meeting of
matter that will affected in the public or special privileges to the sultan in all the meeting
from the Conference of Rulers that attended by the Prime Minister, Menteri Besar from
all states and Chief Minister.

The judiciary

The Yang di-Pertuan Agong will have right to appointed chief justice of the Federal
Court, the president of the Court of Appeal and the chief judges of the High Courts and
the other judges of the Federal Courts or the Court of Appeal and of the Court of
Appreal and of the High Courts, that act from the advice from the prime minister, after
the Conference of Rulers. For the elaborate removal mechanism is set out in the
Constitution. For the maintaining the independence of the judiciary the Reid
Commission, the judge can’t be removed except the by the Yang di-Pertuan Agong
passed by a majority of two-thirds of the House of Parliament and before any such
motion is must be proved misconduct or infirmity of mind or any other cause was
properly to discharge the functions of his office the Yang di-Pertuan Agong shall appoint
a tribunal.

Election System

It is a bicameral parliament for Malaysia. The monarch, Yang di-Pertuan Agong is one
third as advised from Executive to elect the House of Representative which is a
single-member districts and the two third is for the Senate appointed by state.
Therefore, the delaying power that will hold the House of Representatives if two-thirds
majority is required the regards in constitutional amendments.

Legislative Authority

At Federal level, the legislative powers is in by the bicameral Parliament headed by the
Yang di-Pertuan Agong and include the Dewan Negara ( Senate ) and Dewan Rakyat (
House of Representative). Is has 69 members for Dewan Negara ( Senate ) is allow to
served for two or maximum to three years and out of 40 members are nominated by the
Yang di-Pertuan Agong. The 26 members are elected by the State Legislative
Assemblies and lastly 3 member from Federal Territories of Kuala Lumpur and Labuan.
Each state will have a single legislature for every five years election. The Yang
di-Pertuan Agong can dissolve or discrete the Dewan Rakyat election in the Constitution
for the Speaker, Parliament advice of the Prime Minister. ( pg 55)

For example, in every meeting within the Parliament , the Yang di-Pertuan Agong will be
addressed by the Prime Minister in the related issues that’s happening to the
government. From there, the Yang di-Pertuan Agong will be influence the government
thru his accountability and the Constitution will allow the Yang di-Pertuan Agong to acts
or give relevant information that’s regards with the issues of the states that’s by
according to the Article 40(2).

Important subject in Federal list such as , civil and criminal law, citizenship, finance,
commerce and industry shipping, communications, health and labour, external affairs,
defense and internal security.

Federal Parliament

Based on the Article 55 , the Yang di-Pertuan Agong got the right to summon
Parliament that provides from the Federal Constitution because the King has the special
power of prorogued or dissolve the Parliament. The summons of the Constitution is
within six months that between the last sitting in one session and from the appointed
date of the first meeting in the next session.

28 days is given before to the commencement for each session of Dewan Rakyat, the
Leader of The Leader of the House may need to vary from time to time for the date to
be fixed.

It is also for the supreme Legislative Authority in Malaysia for the Federal Parliament, if
is the dissolved, the Parliament shall function at five years from the date of the first
meeting from the general election. Sixty days from the date of dissolution will given if
the dissolved of the Parliament from the general election to elect representative of
Dewan Rakyat. Summon will goes to the Parliament before 120days for the date of
dissolution.

2) The efficiency of administer and the rule of Malaysia like a huge organization. This is
to ensure the function of the practice of the parliamentary to become democracy and is
as a constitutional Monarchy within the head of country that is the Yang di-Pertuan
Agong.

The Federal Constitution is divided into three branches, which is the legislative, the
executive and the judiciary. Mostly these branches it has an authority that divided the
power to the act to checks and balance of the administration of the government is to the
federal and states. It acts as a strong pillar to the government and administration of the
parliament, which with a safeguard, to maintain and stabilized in the country. In this
government practice is shown to the public to have a democratic system, sharing,
separation, distribution of power to appreciate it.

The Legislative

It has two levels for the legislative body at the federal level is the Parliament and for the
State is the State Legislative Assembly. The function of it is to draw up, amend and to
pass law that on behalf from the Cabinet to the Parliament, which gives command and
authority from the minister or the empowered party (executive officer).According to the
Article 44, the Constitution, the power is from the Yang di-Pertuan Agong. Although, the
Yang di-Pertuan Agong is the head of state but he is not involved in the law making.

The processes of the Federal Legislative are as follow:-

The will need to approve and to be Royal Seal, by the Yang di-Pertuan Agong before its
accepted and applied.

After the House of Representative and the Senate approved the bill, it will be presented
to the Yang di-Pertuan Agong for his approval

When the bill is presented to the House of Representative or The Senate

There are three step reading ,

First reading – Will read by The Minister

Second reading – Discussion among the principle

Third reading – Will discussed at the level of The House Representative

(For the bill has passed in The House of Representative, it will bring forward to the
Senate for approval and will need to go thru the same process.)

After the bill agreed, it will be presented by to the Parliament, when it is printed with or
without amendment by The Cabinet

The Attorney General’s Office will advise the bill of frame to The Minister and the
officers from his ministry.

In the hand of Parliament, the Legislative Body is comprises by the Senate, House of
Representative and so as the Yang di-Pertuan Agong that leading the Legislative
Council. It is acts as function of the law maker, to have an authority to raise taxes and
so as to authorize the expenditure. The Federal Constitution and State Government are
shared between the powers of the legislative and will systematically distribute in the
Federal List, State List and so as the Common list.

The Federal List is to cover the areas of external affairs, internal security, defense,
citizenship, civil and criminal war, commerce and industries, finance, communication,
shipping, health and labour.

The State List is to comprises such as local government, local services, Muslim Law (
syarak laws ), land, forestry, agriculture, local public works, state government
machinery, state public holiday and others.

For the Common List, is covered to the both Federal Government and the State
Government which include scholarship, social welfare, town , country and wildlife
protection planning.

The Yang di-Pertuan Agong is given 30days for the date of submission of the laws that’s
to be drawn up to accept or applied at the federal level, of the sultan or ruler or Yang
di-Pertuan Negeri at the State. If the Yang di-Pertuan Agong disagreed the law on the
details or other legal aspects, then the Parliament or the State Legislature need to
improve it and resubmit again.

The Executive

Is regards the power to the govern of the federal and the state level. The matter that
responsible from the governing and administration that carry out, it’s does not involve in
affairs with the judiciary or legislative. It is clear that to the officers from both of the
federal and state level in Federal Constitution, to implement the law from the Parliament
or the State Legislative Assembly to both by the federal level and state level. The head
of the Executive Authority is the Yang di-Pertuan Agong at the federal level and the
prime minister will be the Cabinet at the state level in the State Executive Council.

The Executive at the Federal Level

Its according to the Federal Constitution of Article 39, the Yang di-Pertuan Agong , is
the most powerful of the executive level in the federal government. He is the supreme
head that to power and rule the country. In the Constitution , the executive powers are
by the Cabinet or any of the minister to empower by the Cabinet that’s happen in normal
practices. Beside that the Parliament can delegates the executive duties such as the
coordinate policies and efforts to others, such as the General Elections Commission,
Public Service and the Immigration and so as the Customs to run a smooth practice of
the country.

The prime minister, the Cabinet or ministers, is acting like a general power to advise the
Yang di-Pertuan Agong when the task of the executive duties need to carry out,
according the Article 40(1). From the Article 40(1), is clearly shown that, the Yang
di-Pertuan Agong is the supreme head but he did not have the power that to act as his
way. It is also to avoid from the politics and the country’s governance and administration
that implemented in the country. Thus, the Yang di-Pertuan Agong have the right to
know everything so as the information that happens to the government of the
Federation from the Cabinet.

The Council of Rulers

Based on the Article 38(1), the Council of Rulers is protected by the Constitution and
established in 1948 of the Federation of Malaya. It is represents by nine state of the
Yang di-Pertuan Negeri of the Ruler or Sultans. (Perlis, Kedah, Perak, Selangor, Negeri
Sembilan, Johor, Pahang, Terengganu and Kelantan) The State Constitution will allow in
certain condition if the by representative of Sultan or Ruler, during the conference of the
Council Rulers. In the Council, there are two important roles , the first is the interest of
Malay Ruler and the second is the administrative affairs of the country. This is clearly
listed in the Article 38(2) as following:-

The selection of the Yang di-Pertuan Agong or Deputy Yang di-Pertuan Agong

To approve or disapproves of any acts, such as practice or religious ceremony, involves

in the Federation as a whole.

To approve or disapprove the Constitution laws and give advice on the appointment for
the approval or consultations with the Council of Ruler.

In Special Court under Section (1), Article 182 to appoint members

Grants pardon, postpones or commutes sentence under Section 12, Article 42,

To make decision for national policies, such as amendment to immigration policy and
others that is necessary.

The Conference of the Council of Ruler will be held three or four times a years and it will
last for three days. It is rank by highest by the chairperson through the seniority in every
conference; it is part of the nation building and to safeguard the welfare for people to
discuss the national policies and so as the sharing opinion.
The Prime Minister is chosen as chief of the Cabinet among the member from the
House of Representative to gives support from the majority of the House or both the
Senate. He only can lead the House of Representative by the support of large number
of member. If he fails, the prime minister will need to resign, according Article 43(4). He
can voluntarily also resign by his own reason, based on Article 43(5).

The Minister, is appointed to head of ministry and responsible to carry out the duties,
based on Minister’s Responsibilities Act. However, there are also some minister known
as Minister Without Portfolio, that help the prime minister to do some specific duties.

The Executive Body

For the Sultan and the Yang di-Pertuan Negeri is the symbol of the sovereignty of the
states ( Selangor, Perak, Pahang, Johore, Kelantan, Kedah and Terrenganu) is known
as Sultan. For the state without Ruler is known as Yang di-Pertuan Besar ( Malacca,
Penang, Sabah and Sarawak). This position of Ruler or Sultan is protected under the
Federal Constitution. The Sultan or Ruler need to ‘act on advice’ that is based on the
State Executive Council that chair by the Menteri Besar, is include :-

Appointment with Menteri Besar

The dissolving of The State Legislative of the refusal and request to the assent

It also to request or discuss the special right, for position, sovereignty and supremacy
and also the religious acts on the Ruler for the practices and the ceremonies as well

The duty to the head of Islamic religion or Malay customs.

It is also to have the appointment with the heir, queen or the ruler of acting or to the
Acting Ruler’s Council.

To have appointment with the people holding in ranks , titles, designation and honour in
Malay Customs and so as the determining of duties

It is also to make the rules for the palace and the royal audience hall

Is clear, that the Sultan have no power but only to the royal affairs, ceremonies,
customs and the religious issue of Islam.

The Cabinet of Ministers is at the federal level, likes the State Council. The Menteri
Besar is the head for the Malay states that with Sultan. However, if the state does not
have a Sultan, it will be head by the Chief Minister. For Sabah and Sarawak will be
known as State Executive Council and the Cabinet called as Supreme Council. The
forming is the responsible to have a various states implements and policies is advice by
the Yang di-Pertuan Negeri.

The Judiciary

Is to drawn up the law to the executive to ensure is not abused the power and the
responsibilities of the Judiciary. It’s also to keep in monitor of the provision of the
Federal Constitution. The Judiciary will decide or decline the laws in the Constitution
from the power of jurisdiction. The role of the The Judiciary is to balance the power of
the executive and the Legislative body to the people to trust the government. Besides
that, it is also to defend justice, that’s apply to all the judges that committed to the
Federation and to punished, to settle between party and so as the central and state
government, such as to the government, states and the central, state government and
as well as to the public. The acts of the Judiciary, is to respecting the authority and carry
task to the country laws.

The Judiciary will not influences by the status, rank, religious, race, and behavior of the
person.

The Court

The Court is where the Judiciary area of justice and it as a third body to represent the
practices of authority, based on the Article 121 (1).

The Role and Jurisdiction of the Courts

It is to defend the justice regardless such as the special rights, status, political ideology ,
color, the organization size or the influences as in counted to everyone. With this role, it
is to create the harmony and national peace to the people by the guide of the
Constitution of the Federation. There are four types power of jurisdiction to the courts,
by Tun Mohamed Suffian ( 1987: 138) such as interpret of the Constitution and law,
proclaim the invalid law that’s written in Federal or State and to declared of action of the
government in the eyes of law.

The Federal Laws is observed by the House of Representative and the Senate in the
Parliament. The law will be discussed by the State Legislative Assembly at the State
Level. The Cabinet at the Federal Level and the member of the State Legislative
Assembly will ‘check and balance’ for the law that have been make in the Parliament or
in State Legislative Assembly and it will not exceed the limit by the Constitution. The
Court will be declare if clashed in the Federal and State law:-

clashed in the Constitution according the Article 74(1)

in Article 74(1) and (2) the law that outside from the jurisdiction of the Parliament or the
State Legislative

The law from State opposite the Federal law, according Article 75

It is divided in three levels of courts, The Federal Court, High Courts and the Lower
Courts.

Federal Court Is headed by the Chief Justice in the Supreme Courts, there is a two High
Court in Malaysia , one in Kuala Lumpur and another one in Sabah and Sarawak. It is
same power for both courts and headed by the Chief Judge of the High Court. It is
transfer from the High Court that’s needs advises from the Yang di-Pertuan Agong on
the Constitution.

High Court Is consists of Session Court, the Magistrate Court and High Court. The
Session Court in Sabah and Sarawak is called as District Court or Mahkamah Anak
Negeri. It is for the civil cases such as the punishment for the offences involving claim
below RM 25,000. For the Magistrate Court is divided by Magistrate Court Class One
and Two. There difference between in the types of cases examined and to imposed fine
to the offenders, if is quilty. It is to sentence the offender to maximum 6 month or
imprison or fine that not exceed RM 1,000. The High Court, it has unlimited power over
criminal and civil cases, such as bankruptcy and company cases, matrimonial,
guardianship of disable person.

Lower Court Is known as Penghulu Court or Sub-District Level, that’s included Special
Court such as District Court, Juvenile Court, Syariah Court, Industrial Court and
Commission Courts. It is a judicial system in the state. It’s for the minor cases at the
villages in Peninsular Malaysia.

It important that’s to free from political influence or pressure in the judicial body. Is to
guarantee in the Constitution is being control and pressured for the executive and the
legislative party. From this, the court will not afraid in carry the task that affected the
administrative process. It is shown that the court to have a neutral institution, according
the Article 127 , from the Constitution of the judges behavior to the three level of the
Courts. The judges are not allowed to discuss in the Parliamentary Council. The judge
can be dismissal, and with carefully processed with special procedures. According to
the Article 126 of the Constitution, punish will be given to whoever disrespect the
Federal Court, Court of Appeal and High Court. The role of the judges is important to
have balance of the power between the administration and the right to protect the
citizen.
It’s clear that the system of the country for the administration and government in the
Parliament to protect the interest and harmony to the citizen, based on the
Parliamentary Assemblies or Houses law’s.

3) Parliament democracy was practices in Malaysia. For the types of government, it

contains in two types such as autocracy and so as the democracy as well. The
government that is in autocratic system it is often the picture of the ruler as a wicked
person and he/she ignores voices from the people and also denied their power
completely. This ruler is also known as iron-fisted, with a dictator as a nickname.
Meanwhile, rule of democracy system the power is actually comes from the people, it is
the practice from the voices and the majority decision that come from a right channel of
Parliament such as the general election. Not everyone can become the representative
or candidates, the person need to follow some criteria for the ballot in the highest level.
The voter of the State Legislative and Parliament will have general election seat, if there
is more candidates fight for the seat at the constitution, therefore , the candidate will be
selected as a representative for the party of opposition or the government base on the
most ballot that he or she have.

General Election

In the general election, mostly the political parties will start using the these types of tools
to search for voters such as canvassing the votes, ballot boxes, banners, and so as the
paper ballots for the election in the State Legislative and Parliament. The chosen voter
of the candidates or representative will need to be capable and support the fulfilling
condition for the citizen that they are trusted in, to represent in the House of
Representative and to the State Legislative Assembly. The choosing of the
representative is by voting, for the party that is win, therefore the candidate of the party
will be represent the government and there’s where the election come from. The
election process involving in the protesting, business of nominating of candidates,
voting, ballot counting and so as the announcing of the results. During the balloting,
nobody known of whom will be win and can’t forces the voter to vote for certain
candidates. It is carried out by independently and secretly in the balloting process. The
contesting party can still fish the voter but it cant guaranteed that the voter will vote for
them in the general election because it is a character as democracy that’s, the voter will
be in confidential and free from the pressure from any of the party’s.

The Parliament democracy is a form or system that important to the people to voting the
party in the election for politic to have certain authority, command or power thru the
government. With the election it is to practice for the principle of freedom to the people
and the people have the right to choose their leader. The chosen leader will responsible
to carry the task that the voter have requested on based on the constitution to the
House of Representative ( federal level ) and so as the State Legislative ( state level ) .
It is shown that the government is also practicing the democracy system to the chosen
representative to perform task and responsibility for the citizen as they called ‘from the
people to the people for the people’ ( Nazaruddin Hj. Mohd Jali, Ma’rof Redzuan,
Asnarilkhadi Abu Samah, Ismail Hj. Mohd Rashid Pg93 )

After the party that wins in the election, it’s will form a majority in the Parliament level at
the central government and same goes to the state government it will be the State
Legislative Assembly level. It is the people formed the government by election and so
as lead by people’s interest party the after winning in the election. However, if it is not by
this election for this practice and the principles of democracy, the government will be in
tragedy. From another angle, it is to have a freedom and democracy for the party in the
country. The practice of democracy is the success of forming the government and so as
the constitution to the people by the election.

It is shown and practice for the candidate or party from the election to have a social
contact and the democracy for the citizen and from the contesting party that have been
chosen by the voter for that respective candidate, will have some capable task that
expected to carry by him or her. The party should fulfilled and sovereign the task that
have promised after the election and if the party failed to do so, after 4 to 5 year the in
the democratic practice they will switch to the other government party during the next
election. As a conclusion, for the election is by majority of the legal election to people to
change the government for their interest and so as the certainty or victory of the result
for election. After the result have announced for the winning candidate and for the
defeat candidate to design or practice respect to look after the confidence and the spirit
of the democratic voters. It’s clear that Malaysia country is practicing, raising and the
official authority from the parliamentary system that have held ten elections since 19,
August 1959 to November 1999.

Types of Election

There are two types of general election. It was held by the Council Parliament and State
Legislative Assembly for the public citizens to elect the representative that held every
five year once. For the type two of election, is after then dissolved Parliament and the
State Legislative Assembly and does not involve in any of the dissolution nor fixed
schedule is mainly seen at the Federal Level. For the State of Legislative is at the state
level and dissolved by the Ruler or Yang Dipertuan Negeri by the request of the Menteri
Besar or Chief Minister. There are within 60 days for West Malaysia and 90 days for
Sabah and Sarawak as the Parliament is dissolved. There is specified time for a
reasonable Election Commission for the prepared of the arrangements and to the
contesting parties to ready to hold the campaign and also to construct strategies to
follow regulations or thru the law from time to time. The Election Commission it is to
issue order to the Managing Officer by the Prime Minister, so that can organize the
balloting processing for the general election after Parliament the dissolves from the
Yang di-Pertuan Agong. From there the Managing Officer will responsibility the issue
statement, through the Government Gazette or newspaper, from the date for nomination
that the candidate for the place and time of election in electoral constituency. That’s
where the date and place for balloting in the Election Commission. In the nomination
paper, those candidates that wish to contest obtain of the nominator, there a second
candidate and at least another four people, that for those name is recorded in the
nominated paper. The voter must register in the constituency from the place of the
candidate contesting. The candidate or representative will revote again if death of the
member or absenteeism in the State Legislative Assembly and so as to the Parliament.
The legislation and rules will be decided by the High Court for the result if is invalid.

The Voter and His Council

There no level for the voters such as ethnic group, height, body size, color, religion,
gender or race to meet the qualifications vote, according to the Constitution, Article 119
(1 ) :

When the voter reaching at 21 years old on the qualifying date

To reside in the election on the qualifying date or as absentee voter

For the electoral list it is listed in the document by voter’s names in the electoral
constituency. Based on the Election Rules 14 and 15 in 1959, the name which is not
listed is not allowed to vote. This checking can be done at the village level, such as
village head complexes, town halls, official government building or at the places that
can access by local community. The three types of absentees can be excuse is the:-

Malaysian citizen that work in Federal Armed Forces or Commonwealth countries, or

the wife is staying in the place where provided by the Armed Forces authority from the
date of application and register as voter in electoral district