ADMINISTRATIVE SYSTEM

Conference of Rulers

Yang Di Pertuan Agong

Legislative Executive Judiciary

Parliament Cabinet Federal Court

Dewan Negara Dewan Rakyat

(Senate) (House of Representstives) Ministries Court of Appeal

Malaya High Court Sabah & Sarawak High Court

Sessions Court Sessions Court

Magistrates Court Magistrates Court

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 Constitution
• Federal Constitution came into force on 31st August 1957
• provided for a Parliamentary Democracy with a
Constitutional Monarchy
• official head of State is Yang Di-Pertuan Agong aided by
3 distinct branches of government in administrative
duties:
 Legislative
 Executive
 Judiciary
• each branch has clear & discrete jurisdictions
• the separation of powers to ensure justice is maintained
& balance of power in the government
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 Conference of Rulers
• Comprises 9 sultans & 4 Yang Di-Pertuan Negeri
(Pinang, Melaka, Sabah & Sarawak)
• Yang Di-Pertuan Negeri appointed by Yang Di-Pertuan
Agong
• Occupies the highest position but only in a figurehead
capacity; opinion always take into consideration.
• Duties:
 elect Yang Di-Pertuan Agong & his deputy –
Federal Territories (K.L & Labuan)
 refine & offer viewpoints on Islamic affairs
 offer viewpoints & advice on the revisions of
State boundaries
 offer viewpoints on national policies
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 Yang Di Pertuan Agong

• Article 32(1) of Federal Constitution:

• The Head of State of Malaysia is His Royal Highness the Yang Di-
Pertuan Agong
• selection based on a rotation system; 5 years term
• has executive powers & aided by the Cabinet / any minister mandated by
the Cabinet
• 3 functions :
 appoint the Prime Minister (head of cabinet)
 authority to call for Parliament’s dissolution on the advice
of the PM
 can call for a meeting of the Conference of Rulers on
matters pertaining to the special position of the Malay
Sultans / Kings
• Supreme Commander of the armed forces

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 Legislative
• Also known as Parliament
• responsible for passing laws in Malaysia
• The power lies in the hands of Yang Di-Pertuan Agong,
aided by Dewan Rakyat (House of Representatives) &
Dewan Negara (Senate)
• the power of Parliamentary to make laws shall be
exercised by Bills passed by both Houses (or the House
of Representatives, or Yang di Pertuan Agong)
• a Bill shall become law on being assented by Yang Di-
Pertuan Agong within 30 days, but no law shall become
into force until it has been published

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 Parliament
• each parliament lasts a term of 5 years, not withstanding prior
dissolution by Yang Di-Pertuan Agong before the term expires
• following the dissolution, an election will be held to select the
members of the Dewan Rakyat. Members of Dewan Negara not
involved
• elections must be held within 60 days
• Parliament must be convened 120 days after its dissolution
• both have own respective Speakers. Every member has 1 vote &
absentees, not allowed to cast a ballot
• Speakers does note vote, however if there is a deadlock, he will cast
a tie breaker vote
• Quorum for Dewan Rakyat – 26 members & Dewan Negara – 10
members / 69 members

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 Dewan Rakyat (House of
Representatives)
• consists of 193 representatives elected by the people
• any Malaysian citizen aged 21 & above is eligible
• a member of Dewan Rakyat cannot be a member of
Dewan Negara simultaneously
• a member’s term last 5 years, subject to dissolution of
Parliament
• prior to being appointed, has to swear an oath of loyalty
• member can resign & can be terminated if he/she loses
eligibility according to Federal Constitution or absent
from proceedings without the Dewan Rakyat consent

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 Dewan Negara (Senate)
• has primary function of debating a motion in detail
• Consist of 69 members :
– 40 : appointed by Yang Di-Pertuan Agong
– 26 : selected by each State Assembly
– 2 : from Federal Territory KL
– 1 : from Federal Territory Labuan
• members hold the title of Senators
• each member serves 3 years term, unaffected by
Parliament’s dissolution
• member must be a Malaysian citizen; 30 years & above;
max tenure is 2 terms (6 years)

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 Executive
• consist of Yang Di-Pertuan Agong, Ministries,
Government Departments & Government
Corporations
• Implement policies & motions passed by
Parliament
• Cabinet, mandated by Yang Di-Pertuan Agong
headed by PM carry out administrative duties
• Ministries, government departments &
government corporations also help out
undertaking administrative duties

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 Cabinet

• responsible for the governance of the country & is

headed by the PM, a member of Dewan Rakyat
• ministries undertake policies & orders from the Cabinet
• Cabinet is formed from members who have won general
elections
• Cabinet meets once a week (Wednesday) to plan &
formulate government policies (PM & DPM usually chair
the meetings)
• Cabinet has been administering the country since
independence

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 Ministries

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 Judiciary

• carries out judicial duties

• Judicial proceedings are carried out in Civil Courts & Syariah Courts
• Civil Courts divided into 2 components:
• handling criminal cases
• handling civil cases
• the Judiciary is free of any influence (independent) from the
Executive / Legislative
• The highest court in Malaysia is the Federal Court (supreme court) &
the Chief Justice of Malaysia is the Chief Judge of Federal Court
• the Chief Judge, Chief Judge of the High Court in Sabah & Sarawak,
& the High Court Judges are appointed by Yang Di-Pertuan Agong
on the advice of PM & viewpoints of Conference of Rulers

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 Courts
• HIGHER COURTS LOWER COURTS
- Federal Court - Sessions
Court
- Court of Appeal - Industrial Court
• - High Courts - Magistrates Court
• - Juvenile Court
• - Penghulu Court
 Special Court:
• - against rulers & Yang Di-Pertuan Agong.
• NOT IN THE CATEGORY
• (Chief Justice & Main Judge)

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 Federal Courts
• once known as Supreme Court
• the highest in the Malaysian judicial system
• Comprises the Chief Justice of Malaysia, the Chief
Judge of High Courts in Sabah & Sarawak & 7 Federal
Court Judges
• has jurisdiction over :
 to hear & rule appeals in criminal & civil cases
from High Courts

 to hear & rule appeals in criminal cases which

have public repercussions from Higher &
Lower Courts ( no new cases)

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 Court of Appeal

• Article 121(B) of the Federal Constitution

sets out the jurisdiction of the Court of
Appeal in ruling any judgments made by
the High Courts / High Court Judges in
criminal & civil cases
• empowered to hear appeals on cases in
the High Courts
• Comprises a President & 10 judges (Head
Judge)
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 High Courts
• Comprises Criminal High Court & Civil
High Court
• Criminal High Court empowered to try all
offences in its local jurisdiction; all acts of
piracy, criminal offences & written laws
pertaining to federal security
• Civil High Court has unlimited jurisdiction;
any civil cases unresolved in the Lower
Courts are brought here
• Can also hear appeals on & revise
criminal & civil cases
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 Sessions Courts

• can try all offences with the exception of

those leading to the death sentence
• civil matters, civil suits / claims < RM
250,000
• Appeals on Sessions Courts judgments
can be made through High Court
•

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 Magistrates Courts

• to try civil & criminal cases & issue

summonses & warrants
• appeals on Magistrates Courts judgments
can be made through High Court
• civil case appeals especially involving RM
10,000 / < (except alimony cases) can be
re-appealed
• jurisdiction depends on whether the ruling
judge is a 1st Class Magistrate / 2nd Class
Magistrate
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 • 1st Class Magistrate
• criminal cases : can pass prison sentences < 5 years /
fines < RM 10,000 / 12 strokes of the cane / combination
of the 2/3
• empowered to try cases leading to prison sentences <
10 years & fine
• civil cases : disputed amounts < RM 25,000

• 2nd Class Magistrate

• empowered to try cases leading to prison sentences < 1
year & fines
• criminal cases : can pass prison sentences < 6 months /
fines < RM 1,000 / combination of the 2
• civil cases : disputed amounts < RM 3,000
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