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SYSTEM & STRUCTURE OF

NATIONAL ADMINISTRATION
Structure of Malaysian Government

Constitution

Yang di-
Pertuan Agong
Royal
Council

Executive Body Legislative Body Judiciary Body


Yang Di-Pertuan Agong (Supreme Ruler)

Function: Head of State

Appointment: The power/task:


• Rotation from Malay Ruler • Appoint Prime Minister,
Minister, Chief Judge,
• Period/term: 5 years
Judges, Diplomat and YDN
• Selection/dismiss by Rulers
• Call and dissolve
Council
parliament
• Cannot be replaced by his
• Head of army, Islamic
son
matters (in states without
ruler)
• Declare emergency law
Council of Rulers

The council which is


exclusively for the rulers

Membership: Role:
• Sultan/Kings/Rulers • Select Yang di-Pertuan
• YDN (Governer) of Penang, Agong and his deputy
Malacca, Sarawak and • Approve/disapprove
Sabah religious matters in
• Prime Minister (unofficial federation
member) • Appoints members for
• Chief Minister (unofficial special court
member) • Advice YDPA in giving
pardon etc.
Structure of Government

Head of State
Yang di-Pertuan Agong (Supreme Ruler)

Executive Legislature Judiciary

Prime Minister House of Lord of


Cabinet Senates Justice
House of
Ministries Courts
Representatives

Departments
Judiciary Body

The judiciary lies with


courts
Role:
Lead by Chief Justice
• To defend justice for
everyone Support by judges and
magistrate
• Directly able to create and
maintain national peace Attorney General:
• Interpret constitution and Prosecuting and
law government lawyer
• Power to proclaim a written Level of Courts:
Federal/State law invalid • Federal court, High
• To declare government court and Lower
action as invalid if against court
the law
Judiciary Body (Cont.)
Judiciary Body (Cont.)

Types of Court:

Federal Court: District Court:


• Decide validity of law, disputes between • Headed by District Officer over
government or states & deliberates on district matters, not involve
appeals of civil & criminal cases from criminals
High Court Penghulu/sub-district Court:
High Court: • Headed by Penghulu/head of
• Hear cases which carry death/serious mukim (village)
Sessions Court: Juvenile Court:
• Any cases except those punishable with • Hear cases which involve individual
death below 18 years old
Magistrate Court:
• Hear light civil/criminal cases
Legislature Body

Refer to parliament

Role:
• Enact the laws of the country, discuss public issue & pass
the budget
• Composed of 3 components:

Yang di-Pertuan Agong Dewan Negara/ Dewan Rakyat/


Senate House House of
Representative
Legislature Body (Cont.)

• Yang di-Pertuan Agong


 Head of parliament
 Call/dissolve the parliament
 Approve & sign the bills
(draft of the law)
Legislature Body (Cont.)

• Dewan Negara/Senate House


 Role: To discuss & pass bills passed by
Dewan Rakyat (House of Representative)
& discuss public issue
 Members: Known as senator
 Appoint by YDPA (Advised by Prime
Minister
 Professional/tribe leader
 Serve for 3 years – 1 term (Maximum 2 term)
 Minimum age: 30 years old and above
 Can be appointed as minister
 Total number: 70 senators (members)
Legislature Body (Cont.)

• Dewan Rakyat/House of Representative


 Role: Enact the law, discuss public
issue & approve the budget
 Membership:
o 21 years old and above
o Elected (during election)
o Known as Yang Berhormat (YB)
o Serve 5 years for each session (no limit)
 Consist of 2 groups:
o Government: Party that win majority sit in HOP
o Opposition: Party that acquire minimum seat in HOP
Legislature Body (Cont.)

Process in the enactment of law


1. Minister/ministry draft the proposed law
2. Sent to Attorney General’s Department
for formatting
3. Sent to HOR for 3 times reading
4. Sent to HOS for 3 times reading
5. Presented to YDPA for approval (30
days to consider the bill)
6. If YDPA reject, follow step no. 1 again
7. For the second time, YDPA have another 30 days to
consider. It will automatically become the law after
the period regardless YDPA approve or not.
Executive Body

• Power to govern the country


(formulate & implement policy)
• Authority power is vested in the Yang di-
Pertuan Agong
• The body which exercise this power is
the Cabinet (a group of Minister headed
by the Prime Minister)
• Each Minister must be approved by the
YDPA
• Prime Minister and the Cabinet primarily
regulates policy for domestic and foreign
affairs
Executive Body (Cont.)

Prime Minister:
• Holds the Chief Executive title in governing the country
• Win the majority seat in the House of Representatives (Dewan Rakyat)
• The appointment of Prime Minister as the head of Cabinet is done by the
King
• Main duty to preside over the Cabinet and to supervise the various
portfolios in the Government
• Acts as advisor to the King on his duty such as the appointment and
termination of Federal Judges, the filling and firing of senior executive in
Civil Services and the passing of bills
Executive Body (Cont.)

Duties of Prime Minister:


• Chairman of the meeting of the Council of Ministers/cabinet
• Chief of Administrator
• Introduces and implements government policies with purposes (to
increase the public service)
• Changes the traits of public service officers
• Makes closer relationship between private and public sectors
• As the main diplomat officer
Structure of State Government

• Executive Body • Legislative Body


• Head by Menteri Besar / • Known as state assembly /
Chief Minister Dewan Undangan Negeri
• Members of state • Function: listens, debates
legislative body and draws up the acts of the
state for application in the
• Appoint by Sultan or YDN
state
• Assist by state cabinet /
• Members: Sultan/YDN and
state executive council
state legislative members
• Function: formulate and (SLM)
implement policy in the
• Members (SLM) are chosen
state level
by the people through
election
Level of Government in Malaysia

Federal • Govern the country


Government

State
• Govern 13 states
Government

Local • Manage the


Government district/city
area
Local Government
• The local government or local authority is the lowest level in the
system of government in Malaysia—after federal and state.
• There are 3 categories of local government:
• Majlis Bandaraya • Majlis Perbandaran • Majlis Daerah
(City council) (Municipal council) (district council)
• Examples: DBKL, • Examples: Majlis • Examples: Majlis
Majlis Bandaraya Perbandaran Daerah Sepang
Shah Alam Subang, MPSJ. • In the small city or
• Only in the big city • Basically in the district, the
(the number of medium city which number of
population more the number of population less
than 1 million) population around than 500k.
• Lead by Mayor 500k to 1 million. • Lead by Speaker
(Datuk Bandar) • Lead by Speaker (Yang Dipertua
(Yang Dipertua Majlis)
Majlis)
Local Government (Cont.)

• The responsibility of local government are (based on


the Local Government Act 1976):
 The power to issue licenses
 The power to impose certain tax ex:
Assessment Tax, Land Tax
 Building, housing and commercial units
(market stalls, etc.)
 Power to exercise the functions of planning and
managing urban
 Manage and control the traffic (including
managing the municipal public transport
system)
 Authority to plan and provide public facilities
Local Government (Cont.)

• Sources of financial for


• The local government in Malaysia is local government:
regulated by the federal
government through the Ministry • Tax collection
of Housing and Local Government • Fees
and the state government.
• Summon
• Local authorities in Sabah state
cabinet is controlled by the • License
Ministry of Local Government • Share
and Housing, while in Sarawak,
the supervisory duties handed • Dividend
over to the Ministry of the • State government
Environment and Public Health.
• Loan
THANK YOU

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