SYSTEMS AND POLITICAL DEVELOPMENT IN MALAYSIA

O. Argo Victoria, Fadly Ameer

argovictoriaupin@gmail.com, fadzz_93@yahoo.com
(Internasional Islamic University Malaysia)

Abstrak
Malaysia is a country in Southeast Asia with an area of 329 758 km2 and a population in 2007
amounted to 27.17 million. Of the total population in 2007, 60% are ethnic Malay
“Bumiputera”, 26% ethnic Chinese, 8% Indians, 5% other ethnic Bumiputera, and 1% other
ethnic groups such as Arabic, Sinhalese, Eurasian and Europe.1 Under the constitution, Malays
are Malaysian citizens who practice a traditional Malay, Melayu Language, and Muslim.
Approximately 25% of the Malaysian population is Chinese, and 7% is made up of India.
Almost 85% of the races Indians in Malaysia are Tamil community. More than half the
population of Sarawak and Sabah 66% of the population consists of non-Malay indigenous
people. The entry of another race to some extent reduce the percentage of indigenous
population in the two states. In addition, Malaysia also has a population that comes out of
Europe and the Middle East. Malaysia's population density is not distributed evenly, with 17
million of the 25 million people living in Peninsula Malaysia.
Keywords: Malaysia, Politic, Constitutional.

A. INTRODUCTION
Malaysia is a constitutional monarchy that parliamentary democracies, and the prime
minister and the prime minister elected by the people through elections that take place
regularly every five years. YDPA currently the 12th since Malaysia's independence on August
31, 1957.
When a newly independent Malaysia consists of 11 states part 1 and called
Persekutuan Tanah Melayu (Federation of Malaya). Then in 1963 the state of Sarawak and
Sabah joined the Federation of Malaysia. Malaysia is known as a multi-ethnic country and rich
cultural treasure that has approximately 30 groups ethnic. 2 Less than 8 percent of the
population were below the poverty line before the economic crisis of 1997; literacy rate of

1
Barbara Watson Andaya and Leonard Andaya, 1983, History of Malaysia, Petaling Jaya: Macmillan Publishers, p.
6-7

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over 85 percent and life expectancy of their peoples on par with developed countries.
Malaysia has a bicameral parliamentary system, the People's Council and the Council of State.
Members of the Board shall be elected through elections, while the members of the Council of
State appointed by the states or directly appointed by YDPA based on input from the prime
minister2.
Malayan Union was introduced by the British Labor Party a few months after the British
reoccupied Tanah Melayu. It said the implementation of the Malayan Union in April 1946 at
the Tanah Melayu has aroused the spirit of nationalism locals especially the Malays.
They feel the customs and traditions that brought the Malayan Union is contrary to the
nation, Malaysia, Malayan Union drastically changed the standard of Malay lands from foreign
lands British protectorate to a colony directly Britain, removing the privileges of the Malays as
Bumiputera by introducing the concept of democracy 'jus soli 'namely the citizenship granted
to all foreigners who are born in the Malay and those aged 18 years or over and have lived
for 10 of the 15 years prior to 15 February 1942, as well as removing the sovereignty of the
Malay kings.
To achieve the condition of society who live healthy and prosperous in the future,3
Malays felt threatened by them migrants. China and India are the people in the country wilt
very easily. This situation raises the most important chaos Malays lose their political power4.
This has led to disagreement among the officials and the nobility of Malay as Dato Onn
Jaafar, Dr Burhanuddin Helmi and some educated Malays. They felt humiliated by the British
attitude arrogant and act as they pleased in reforms. Conflicts intensified after the role of the
Malay newspapers such as “Utusan Melayu”, the Assembly and the State News criticize and
explain the ugliness Malayan Union5. This condition is further aggravated by the recognition
of British officials who have retired like Frank Swettanham, George Maxwell, and Winstedt
through their writing in the British newspapers that expressed their resentment against British
injustice ways make the constitutional amendment. But the Malays against a more organized

2
Ibid. p.10
3
Muallim, M. H., Gunarto, G., & Mashdurohatun, A. (2017). RECONSTRUCTION OF THE WASTE MANAGEMENT
LAW BASED ON WELFARE VALUE. The 2nd Proceeding “Indonesia Clean of Corruption in 2020". P.616.
4
http://www.adb.org/Documents/Fact_Sheets/MAL.pdf, accessed on 06 September 2018.
5
Fadilah Zaini and Thukiman Kassim, 2008, Ethnic Relations in Malaysia, Johor Bharu: Universiti Teknologi
Malaysia, p.57

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and collective, including the form of a protest demonstration in Kelantan by the Association of
Malay 1945 and 1946 in Kedah and Johor.
In addition the meeting held on 11 March 1946 that the first Malay Congress combine
41 Malay organizations included PKMM and agreed to form the whole Tanah Melayu in Malay
Congress. He aims to fight against the Malayan Union and to unite the Malays in a strong
body.
At that time, Congress has no plans of social and economic ripe, otherwise just want to
restore the rule of Melayu’s kings and Malay rights as an indigenous people. It has also been
stated that the agreement is not valid Michael is excluded because the officials wither and
society. Through this Congress, has given birth to Malays National Organization (UMNO) on
11 May 1946, to maintain the interests of the Malays. Where Dato Onn Jaafar as the main
leader and first. May 1946 was the largest protest of the Malays against England. Finally
made constitutional changes that gave birth to the Federation of Malay Land in 19486.

B. DISCUSSION
1. Party In Malaysia
a. Malay Party (UMNO) Of 1946
The birth of UMNO is the result of the merging of Malay organizations with
various schools of philosophy and opinion but agreed to take collective action to
advance and fight invaders Malay people. People are united to form the Malay
UMNO as a bulwark against the threat hah-rights of the Malays By Malayan Union
in 1946. The establishment of UMNO on May 11, 1946, by Dato 'Onn bin Ja'far as
the first leader who can be regarded as movement Malays in Malaya to prevent
them from sinking under the political and economic developments were so swift
and favorable other clans are more advanced.
The first is the UMNO struggle against the Malayan Union. Through the
newspapers and for the expected voice Malay people can be known by the Malayan
Union. UMNO leaders managed to persuade the Sultan of Malay to not attend the

6
Ibid.

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 appointment ceremony of the Governor of the Malayan Union, namely Edward Gent,
here clearly shows the lack indigenous people against the Malayan Union.
b. Malaysia Islamic Party (PAS) 1951
The emergence of PAS in the political history of land Malaysia started since
August 23, 1951 when the scholars who met in Kuala Lumpur agreed to establish a
union called the Union of Malaysian Ulama. This unity name was later changed to
the Union of Islamic Malaysia (PAS) 24 November 1951, at a conference of scholars
Malaya. That bit of the early history of PAS established by scholars who later
evolved into a political-propaganda organization are important in Malaya country.
The emergence of PAS is linked from the influences that occur in some of
the early Islamic movements like the Muslim Brotherhood in Egypt, Masjumi in
Indonesia and the Jamaat Islami in Pakistan. All three of these influences have
entered Tanah Melayu through the scholars who studied in Egypt, Mecca, India and
Indonesia7.
Consciousness beginning to appear are the scholars or Muslims require an
organization or agency 8 that can represent them in all aspects of life, especially
under conditions of Tanah Melayu is being colonized by the British. The existence
of this understanding then generate Supreme Council of Religious Malaya (EYES) in
1947 followed by Hizbul Muslimin in 1948.
PAS into an Islamic political organization fighting for independence through
democratic foundations. The scholars reject the forms of struggle are founded on
an ideology of human creation that was brought in by the invaders. Since then, PAS
emerged as an Islamic political organization fighting for independence of the
country, then join the contest elections. PAS also uses various channels to convey
his message messages including forming some political cooperation with non-
Muslims since 1953. Under the leadership of Tuan Guru Haji Ahmad Fuad Hassan
and Dr Haji Abbas Alias, PAS talking about independence could be enforced Islamic

7
Adam, Ramlah, 2000, Dr Burhanuddin Al-Hemyi: A Political Crisis, Kuala Lumpur: Dewan Bahasa Dan Pustaka,
Ministry of Education Malaysia, p. 22
8
Gunarto, 2018, Fair Consumer Protection, Balanced And Proportional In A Fixed E-Commerce Agreement Based
On Justice Value, Scholars Journal Of Arts, Humanities And Social Sciences, India, p.63

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 law. PAS refused citizenship jus soli adverse natives and PAS urged that Islam be
the basis of an independent state.
c. Democratic Action Party (DAP) 1965
The party was officially registered six months later on March 18, 1966 as a
social democratic party. DAP is more favored by the Chinese and received a small
part of the India. DAP is controlled by the Chinese and is well received by the
Chinese in the cities. DAP famous concept of "Malaysian Malaysia" (Malaysian for all
the people of Malaysia). The party is committed to the struggle for a Malaysian
Malaysia which is free, is democratic socialism, based on the principles of human
rights, equality, social and economic justice, and democratic institutions based
Parliament. Dap no winners among the major world powers influence whether
Western or Eastern bloc block9.

2. Federated Malay Land 1948

The results of the consultation working committee comprising representatives of
the government, sultans and UMNO succeeded in forming a new constitution, namely
the Federation of Malay Land 1948 provisions to be tightened Malay citizenship rights
and privileges of the Malays as the indigenous people are recognized. In general, this
federal provide opportunities for local children to master the country through positions
such as Minister, Secretary Local Government and others, to ensure that they can lead
independent state. From the geopolitical aspects of the country for the first time all
Tanah Melayu placed in one administration. But in the fine anyway UK has managed to
open a populist on the other clans10.
The ceremony that ended British colonial history for hundreds of years in
Singapore, Sabah and Sarawak have been signed in five copies by representatives of
the governments involved. The British government has been represented by Prime
Minister Harold Macmillan, Mr Ducan Sandys and Lord Landsdowne. Tanah Melayu
Federation government also has been represented by Prime Minister Tunku Abdul

9
Purcell, Victor, 1967, The Chinese in Tanah Melayu, Oxford: Oxford University Press, p.8
10
Bustamam, Ahmad, 1972, Leads The Way Summit, Kuala Lumpur: Pustaka Pagi Publishing, p. 19

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 Rahman, Tun Abdul Razak, Mr. Tan Siew Sin, Datuk VT Sambanthan, Datuk Ong Yoke
Lin and Dr. Lim Swee Aun. Sabah was represented by Datuk Mustapha bin Datu Harun,
Mr. Donald A. Stephen, WKH Mr Jones, Mr Khoo Siak Chiew, Mr WS Holley and Mr GD
Sundang. Representatives from Sarawak land also comprised of PEH Mr Pike 11 ,
Tomonggong Jugah, Bandar Datuk Abang Haji Mustapha, Mr Ling Beng Siew and
Datuk Abang Haji Openg.

3. Singapore Split From Malaysia

In 1965, Singapore separated from the Federation of Malaysia. Declaration on
the separation was made by YTM Tunku Abdul Rahman Putra, the Malaysian Prime
Minister in the “Dewan Rakyat”. Measures separation of Singapore from Malaysia
considered the best because this is the only way out for the sake of unity and avoid a
clash between residents of Malaysia and Singapore, and impending economic stability
and to avoid political conflict between the Government of Malaysia which is controlled
by the Alliance Party with the People's Action Party Singapore's ruling. This separation
action performed after agreement is reached between the two sides.
YTM Tunku Abdul Rahman also said that other causes of this separation
because of the attitude half the political leaders of Singapore who championed the
concept of 'Malaysian Malaysia', as well as denying the existence of institutions Malay
Sultanate, against the rights privileges of the Malays and natives as well as the
absence of the equation opinions in increasing and advancing the fundamentals of
trade, taxation and industrial division. But the separation of Singapore from Malaysia
was made with the understanding that Malaysia and Singapore would continue to
cooperate in the fields of defense, business and trade12.
One agreement has been drawn up and signed by both parties. In a separation
agreement the two countries Malaysia was represented by YTM Tunku Abdul Rahman
Putra, Tun Abdul Razak, Dato 'Dr. Ismail b. Abdurrahman, Tan Siew Sin and Dato 'VT

11
Ibid. p.21
12
Anis Mashdurohatun, 2017, Hukum Kontrak, Ekonomi Syari’ah Dan Etika, Undip Press, Semarang, p.26

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 Sambanthan. While Singapore is represented by Eneik Lee Kuan Yew, Dr. Toh Chin
Chye, Dr. Goh Keng Swee, Mr Sa Rajaratnam and Eneik Othman Wok.
The separation of Singapore from Malaysia automatically make the citizens of
Singapore will no longer be a citizen of Malaysia. consequently 2 Senators and 15
members of Parliament of Singapore is no longer a member of the Malaysian
Parliament. In addition, all persons, including members of the armed forces, police,
courts and others who used the staff of the Government of Malaysia, starting today
they returned to staff the Government of Singapore. But the Malaysian government
will continue to adhere to the treaties on water supplies that have been made between
the Government of Singapore and the Kingdom of Johor. Although it has been split,
the Malaysian Government still recognizes Singapore as an independent and sovereign
state and will always work and befriend him.

4. Political Hegemony Malaysia

It is customary for the king or local government requires people to be loyal13 to
them. This means that the king can not be contradicted, or confronted because of
what it considered an act against tradition. The result appears a doctrine that people
are afraid and and always humble himself before the king. With this kind of power the
king more easily expand its power in various fields such as business sector, etc. The
political power that gives them opportunity to be involved in the economic sector and
mastery in the economic sector as well strengthen their political position14.
The king is not only demanded by the respect but they have used their position
to reap the opportunities of wealth in the economic sector and other sectors. Try
traditional elements applied in practice democracy in Malaysia. But there is no doubt
that democracy is applied mixed with traditional background of these communities as
well as handle customs and traditions religion becomes the main core.

13
Sri Endah Wahyuningsih, 2014, Restorative Justice System-Di Tingkat Penyidikan Tindak Pidana Lalu Lintas,
Tunas Puitika Publishing, Brebes, p.31
14
Jaafar, Kamaruddin, 1980, Dr. Burhanuddin al-Helmy: Islam and Malay Ethnicity, Kuala Lumpur: Publisher
Your Foundation, p. 64

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 Unwittingly, the government has sought to gather strength and be in a safe
position and successfully steered views of the community to accept their dominant
position without any problems. Very clear political hegemony in the political system of
government of Malaysia through the Barisan Nasional (BN) were in favor by UMNO as
the main force of elite controls the government of Malaysia. BN containing the Malay
elite no longer pay attention to the NGO, ranks of the opposition, the media and the
judiciary more to fight the voices of modern democracy.
In relation to that, all forms of organizations, police, army, judiciary, etc. that
exist in government used entirely by BN before and after the election to strengthen
and maintain the interests of the upper classes. In addition, legislation such as the
Official Secrets Act (OSA), Homeland Security Act (ISA), Printing Act used by the
government to control and punish the Malaysian political opponents of the government.
The main political party of Malaysia, Pertubuhan Kebangsaan Melayu Bersatu
(UMNO), has held sway along party - the other party since independence in 1957.
UMNO Malaysia bigger when it becomes Rows of National BN. The National Front has
three important components - UMNO, MCA (Malaysian Chinese Association) and MIC
(Malaysian Indian Congress)15.
It turned out that the BN especially the Malay elite has managed to dominate
the system of government in Malaysia so that the Malaysian electoral system, their
victory in general has been guaranteed selection. For example, UMNO is the dominant
party which is represented and supported by the Malay elites designated to dominate
important state institutions like the police, the army, the courts, the legislature and so
on. With the dominance of the Malay elite, enabling them to control the movement of
government systems to ensure that systems are formed according to their political
culture trends.
On July 27, 1955, run the first general election in history after decades of
occupation. Parties are the main competing Engagement Party, Countrymen PAS, State
Party, the Labor Party and the Progressive People's Party. These elections have been

15
Malaysia Kita: Guide and Reference To An Empire, 2003, Petaling Jaya: International Law Book Services, p.
16-17

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 held with the cooperation of the British colonial. Engagement Party has placed
candidates for 52 seats overall. In those elections Engagement Party won 51 of the 52
seats contested.
Engagement Party victory UMNO-MCA has proven leadership and cooperation
between the various people who helped fight for a comprehensive manifesto to the
people of Tanah Melayu. Basics of Engagement set by the wise this is a step in which
the hegemony of the West have passed unnoticed by the local community. Basics
championed Engagement UMNO considered very 'generous' to help the local
community. Behind the nature of 'generous', they expect support and loyalty of the
people to ensure the success of the policy16.
At the time of the last election, the elections held in the year 2004 was an era
1964,1974,1978,1982,1986,1995 and glories of Barisan Nasional fully supported by
UMNO. In the 1964 elections (elections 3rd) won the National ranks 74 of 104
parliament seats, or 85 percent in 1964. In the 1974 general election, BN got 87
percent is a huge win.
Followed the elections in 1978 with the victory of BN as many as 130 seats of
the 154 seats in the “Dewan Rakyat” that is less than the achievement of five seats in
the elections of 1974. In the elections to the 6th (1982), BN got the win as many as
132 seats out of 154 seats in People's Council and is 85.7 percent of the seats, and is
the second highest achievement since independence when.
While in the general election while the 7th (1986) BN got the win 148 seats out
of 177 seats in the House of the People (83.6%) there was a slight decrease of 2.4
percent compared to last choice. However, BN managed to retain its majority in
parliament and seeks to maintain his grip on the post of prime minister and form a
government. On election 9th 1995, BN retain a majority in parliament by winning 162
seats out of 192 seats in the “Dewan Rakyat”, which is 84.4 per cent and an increase
of 19.6 percent compared to the last election. Election 2004 is a general election to the
11th, BN achieve noise rise as much as 63.9. BN won 198 seats out of 219 seats in the
assembly of the people. This is a great winning since the 1978 election.

16
Mohamad Mahathir, 1995, The Early Years 1947-1972, Kuala Lumpur: News Publishing Sdn Bhd., p. 32

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 UMNO is seen by the Malays as a vehicle and container fate of the Malay
struggle. In addition, the BN and UMNO as a milestone in the government have the
political power in governing the country. The Malays were too dependent on UMNO to
defend their fate. If they take the position of Malay political parties who were not
involved in the government does not have political power domination.
The position of hegemony BN win big in the elections (in 1964,1974,1978, 1982,
1986, 1995 and 2004) has ensured BN obtain the loyalty and support that is second to
none of the people under their rule. The government does not forget to give the post
to their loyal supporters with various forms of benefits such as positions in the
government, the name and rank. Reversionary who oppose the Prime Minister or the
government leaders will be labeled as mutineers, deserters, opposition, anti-
government, traitors and various other negative degree.

5. Nationalist Party And Islam Malaysia

In the context of Malaysia, Malays and Islam are often seen as one component
of which is very difficult to separate. When certain individuals belonging to ethnic
Malays then directly be identified Muslim. In more extreme conditions, in addition to
ethnic Malays who embraced Islam would say "Come in Malay" and will leave the
identity of ethnic origin. This view was reinforced by the Federation Constitution that
says, "Malay means someone who embraced Islam, Fluency speak Malay, according to
Malay custom".
In politics Malaysia, Malays and Islam, often paired together. He was used as
the party's ideology. Not infrequently some people considered that it was wrong
because generally there is a clear difference between the Malays and Islam. Malay
ethnic and ethnic-based struggle branded as nationalism17.

6. Malaysia Economic Policy

After the racial riots of May 13, 1969, the controversial New Economic Policy
was issued by the Prime Minister Tun Abdul Razak. Malaysia's new economic policy of

17
Ibid.

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 maintaining the balance of ethno-politics, and developed a unique rule combining
economic growth and political rule that favors Bumiputera (a group of ethnic Malays
and indigenous people) and Malaysian citizens who embraced Islam.
Between the 1980s and the early 1990s, Malaysia experienced rapid economic
growth under the leadership of Dr. Mahathir bin Mohamad, Malaysia's fourth prime
minister. The period saw a shift from an economy based on agriculture into
manufacturing and industry in the field of computers and consumer electronics.
In the late 1990s, Malaysia was shaken by the Asian financial crisis. Opposition
to some aspects of the system that was put down by the government. Opposition
socialists and reformists to the party advocating the creation of an Islamic state. In
2003, Dr. Mahathir, the longest-serving prime minister in Malaysia, resigned and
handed over the post to Abdullah Ahmad Badawi. The new government advocated a
moderate view of Islamic state defined by Islam Hadhari.
Malaysia is a simple income country, transformed from a country producing raw
materials such as latex, lead ore and so on. In 1971, it became a multi-sectoral
country through the New Economic Policy. Basically, the growth of Malaysia's export-
dependent electronic materials such as computer chips and so forth. As a result,
Malaysia feel great pressure during the economic crisis in 1998 and the slump in the
information technology sector in 2001. KDNK in 2001 only increased by 0.3% due to a
reduction of 11% in export numbers but large fiscal stimulus package has reduced the
impact of ,
Malaysia has a stable macroeconomic elements (where the inflation rate and the
unemployment rate remained below 3%), foreign exchange deposits healthy, and low
foreign debt. This enables Malaysia to not experience the same crisis as the Asian
financial crisis in 1997. However, the long-term outlook seems less well due to the lack
of change in the legal entity sector, especially sectors that deal with corporate debt is
high and competitive. In addition to latex and oil palm which many in Peninsular
Malaysia, Sabah and Sarawak are also rich in natural resources such as wood logs,
petroleum and natural gas18.

18
Adam, Ramlah,op.cit, p.87

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 7. Women in World Politics Malaysia
In 2002, the Malaysian state has three figures of women holding ministerial
posts: Minister of Women's Affairs and Family Development, Minister of International
Trade and Industry, and the Minister of Welfare and National Unity. In addition, many
of the women who hold important positions in government, including deputy ministers,
political secretaries, diplomats, senior government officials, members assembly states,
and the senators in the State Council.
However, the presence of women in decision making process in Malaysia is still
far from enough. Many women leaders who discuss gender equality in this context. At
this time, women are still lacking representation in political institutions in Malaysia.
According Rashila and Saliha are at least five common factors that become
obstacles for active participation of Malaysian women in politics. They classify these
factors as societal discrimination against women's role in public life, time constraints
caused by the demands of career and home, the arguments of cultural and religious
states that the place of women is in the home, the structural constraints within each
political party which does not allow women to go beyond a certain level of political
career, as well as a lack of support resources, either in the form of organizational
support, influence and funds.
Contrary to common misconceptions, in fact there is an understanding of the
concept of Islam that allows people to appreciate the possibilities towards "liberation
of women" based on the content of the teachings of the religion. In many cases,
religion has been to empower and enable women achieve and realize their potential
and capabilities equal to men. The experience of women in Malaysia at the end of the
turn of the last century proved this.

8. Constraints / Problems Faced Woman Malaysia in Parliament

The many problems faced by women who entered politics in Malaysia and made
many of them afraid to involve themselves in politics19.
a. Double burden

19
Ibid.

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 Women themselves are much less strict and often forced to bear a double
burden, which must be very clever to balance the household chores with the
problems of career, so many of them are entangled great difficulty, unless they are
really strong and tough reach ambition.
b. Political parties
Characters and characteristics of political parties that many pose an obstacle
for women's involvement in politics. In general it is the ruling parties and
established will maintain a conservative attitude and did not want to see and adapt
to current radical changes in society. Only political parties or opposition alternative
dynamic that would provide opportunities and greater opportunities to women. Also,
many political parties that lack the resources to conduct training and education,
even for the members of her, because of the pressures imposed by the authorities.
c. Hostile environment towards women
It is sad that many MPs and council representatives of the countries that are
still part of women experiencing sexual harassment, either in the form irrelevant
comments as well as a burst of offensive in the sessions of Parliament and
meetings of the representative councils. Another factor that causes women are
reluctant to plunge into the world of politics is their mistaken assumption that
politics is a world of men, besides they are also often scared by the thick hypocrisy
and dirty games typical of the political world.

9. Malaysian Politics
In simple terms we can explain a little about Malaysia's political system, the
country is a constitutional monarchy. Malaysia is headed by a king who was commonly
known as the Yang di-Pertuan Agung elected by and from 9 sultan state-led Malaysian
state sultan to serve for five years in rotation. This system is based on the
Westminster because Malaysia is a former British Colony. More power is held by the
executive branch than the legislative. Regular elections are held every five years20.

20
Mohamad Mahathir, op.cit., p.62

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 Politics of Malaysia takes place in the framework of a federal representative
democratic constitutional monarchy, in which the Yang di-Pertuan Agong is head of
state and the Prime Minister of Malaysia is the head of government. Executive power is
exercised by the federal government and the 13 state governments. Federal legislative
power is vested in the federal parliament and the 13 state assemblies. The judiciary is
independent of the executive and the legislature, though the executive maintains a
certain level of influence in the appointment of judges to the courts 21.
The Constitution of Malaysia is codified and the system of government is based
on the Westminster system. The hierarchy of authority in Malaysia, in accordance to
the Federal Constitution, stipulates the three branches (administrative components) of
the Malaysian government as consisting of the Executive, Judiciary and Legislative
branch. Whereas, the Parliament consists of the Dewan Negara (Upper House / House
of Senate) and Dewan Rakyat (Lower House / House of Representatives).
Malaysia has had a multi-party system since the first direct election of
the Federal Legislative Council of the Malaya in 1955 on a first-past-the-post basis. The
ruling party was the Alliance Party (Malay: Parti Perikatan) coalition and from 1973
onwards, its successor, the Barisan Nasional (National Front) coalition. Since the 14th
general election that was held on 9 May 2018, the Pakatan Harapan coalition was
elected as the country's new federal government. The Pakatan Harapan coalition
currently consists of (PKR) People's Justice Party (Malaysia), Democratic Action Party
(Malaysia), National Trust Party (Malaysia), Malaysian United Indigenous Party, and
the Sabah Heritage Party.The opposition are made up of one of the world's longest
serving government Barisan Nasional, the Pan-Malaysian Islamic Party (PAS), and
other smaller parties.
Although Malaysian politics has been relatively stable, critics allege that "the
government, ruling party, and administration are intertwined with few countervailing
forces." However, since the 8 March 2008 General Election, the media's coverage on
the country's politics has noticeably increased.

21
https://en.m.wikipedia.org/wiki/Politics_of_Malaysia

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 Executive power is set by the cabinet headed by the Prime Minister. Malaysian
constitution, the prime minister must be a member of the People's Council, which in
the opinion of the Yang di-Pertuan Agung, a majority in parliament. The cabinet is a
member of parliament elected from the “Dewan Rakyat” or “Dewan Negara”.

C. CONCLUTION
Parliament consists of the People's Council and the Council of State. The State
Council has 70 senators (call given to members of the State Council). Election of the
members can be divided in two:
1. 26 members elected by the Council of State as a representative Invitation 13 states
(each state is represented by two members).
2. 44 members are appointed by the Yang di-Pertuan Agong on the advice of the
Prime Minister, including two members of Wilayah Persekutuan Kuala Lumpur, and
one member each from Wilayah Persekutuan Labuan and Putrajaya. People's
Council has 222 members, and each member represents a constituency. They were
selected on the basis of support of many parties through the election. Every
member of the People's Council hold office for five years, after which new elections
will be held. Judicial power is shared between the government and the state
government alliance. Political power in Malaysia is very important to fight for the
issues and rights. The power thus plays a very important role in making a change.

BIBLIOGRAPHY

Adam, Ramlah, 2000, Dr Burhanuddin Al-Hemyi: A Political Crisis, Kuala Lumpur: Dewan
Bahasa Dan Pustaka, Ministry of Education Malaysia

Anis Mashdurohatun, 2017, Hukum Kontrak, Ekonomi Syari’ah Dan Etika, Undip Press,
Semarang.

Barbara Watson Andaya and Leonard Andaya, 1983, History of Malaysia, Petaling Jaya:
Macmillan Publishers

Bustamam, Ahmad, 1972, Leads The Way Summit, Kuala Lumpur: Pustaka Pagi Publishing

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 Fadilah Zaini and Thukiman Kassim, 2008, Ethnic Relations in Malaysia, Johor Bharu:
Universiti Teknologi Malaysia

Gunarto, 2018, Fair Consumer Protection, Balanced And Proportional In A Fixed E-

Commerce Agreement Based On Justice Value, Scholars Journal Of Arts,
Humanities And Social Sciences, India.

Jaafar, Kamaruddin, 1980, Dr. Burhanuddin al-Helmy: Islam and Malay Ethnicity, Kuala
Lumpur: Publisher Your Foundation

Malaysia Kita: Guide and Reference To An Empire, 2003, Petaling Jaya: International Law
Book Services

Mohamad Mahathir, 1995, The Early Years 1947-1972, Kuala Lumpur: News Publishing Sdn
Bhd.

Muallim, M. H., Gunarto, G., & Mashdurohatun, A. (2017). RECONSTRUCTION OF THE

WASTE MANAGEMENT LAW BASED ON WELFARE VALUE. The 2nd Proceeding
“Indonesia Clean of Corruption in 2020".
Purcell, Victor, 1967, The Chinese in Tanah Melayu, Oxford: Oxford University Press

Sri Endah Wahyuningsih, 2014, Restorative Justice System-Di Tingkat Penyidikan Tindak
Pidana Lalu Lintas, Tunas Puitika Publishing, Brebes.
http://www.adb.org/Documents/Fact_Sheets/MAL.pdf

International Journal of Law Reconstruction

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