LESSON 5
SYSTEM AND STRUCTURE OF MALAYSIAN GOVERNMENT
1.0 Introduction
In the name of Allah, Most Gracious, Most Merciful
In the previous topics, we have gone through the history of Malaysia starting with Malacca era,
then the colonization era, the struggle for independence up to the formation of Malaysia. Now,
Malaysia exists but how it is governed? Thus, in this topic, we are going to see how the country is
governed by certain bodies. We will discuss the current Malaysian government system. For your
information, the current system and structure are actually based on structure of the Federation of
Malaya with some modifications made in order to suit the modern demands of the country.
2.0 Learning Outcomes
By the end of the topics, you should be able to:
1.
2.
3.
4.
Explain the system of Malaysian governance
Identify the three main ruling bodies
Discuss the functions of the Executive, Legislative and Judiciaries bodies
Differentiate the functions and role of each ruling bodies
3.0 List of Topics
3.1 The System and Structure of Government
3.2 The Main Bodies
3.2.1
3.2.2
3.2.3
Legislative
Executive
Judiciary
4.0 Terminologies
4.1 Monarchy system
A governmental system in which the head of state is a single person such as king
4.2 Parliamentary democracy system
Democratic form of government in which the party (or a coalition of parties) with the
greatest representation in the parliament (legislature) forms the government, its leader
becoming prime minister
4.3 Absolute power
To have complete control over something
4.4 Separations of Powers
Division of the legislative, executive, and judicial functions of government among
separate and independent bodies
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5.0 Topics
5.1 The System and Structure of Government
5.1.1
Presentation
Malaysia practices a combination of two systems i.e monarchy system and parliamentary
democracy system. Under this system, the head of the country is the king (Yang
Dipertuan Agong) and Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri (Negeri
Sembilan) is the head of the states. The YDPA, Sultan or Yang Dipertua Negeri or
Yamtuan Besar Negeri (Negeri Sembilan) is assisted by officials i.e Cabinet of Ministers
at executive level and State Executive Council (SEC). Those officials are elected by the
people through a democratic way that is through a general election. Those who win the
election will form the government of Malaysia with the consent of the king. The head of
government is the Prime Minister.
There are three main bodies that govern the country – the executive, legislative and
judiciary. The structure of government and administration is divided into two levels i.e the
federal and state level. Those three main bodies exist in both level of administration. All
the powers of the King, the three main bodies, the federal and state government are
given by the Federal Constitution as the highest laws of the country. It means, everyone
in this country is subject to the Federal Constitution including the King. That is why the
king in Malaysia is a constitutional king. Their actions must be within the jurisdiction given
by the Constitution.
5.1.2
Activities
a) From the discussion, can you draw the structure of the Malaysian government at the
federal and state level? You may find information from any sources such as websites,
books, and articles to assist you drawing the structure.
b) If you want to know more about the parliamentary democracy system which is
practiced in Malaysia, visit this website:
http://www.parlimen.gov.my/eng-pengenalan-lblakng.htm
5.2 The Main Bodies
5.2.1
Presentation
As mentioned earlier, there are three main bodies in structure of the government. Do you
still remember those three bodies? The bodies are:
a. Legislative Body
b. Executive Body
c. Judiciary Body
This division is based on the theory of ‘separations of powers’ in which the powers of
each body do not overlap and each has its own roles. Besides that, the theory does not
allow any interference of a body over another. Do you know why the powers of the bodies
are separated as such? The reason is to ensure the neutrality or objectivity of each body.
In other words, each body is not allowed to influence the decision and action of other
bodies. For example, a minister who represents the Executive body cannot give a
direction to a judge of Judiciary to make decision on a court case according to the
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Minister’s wish. The theory also aims at preventing any body from possessing absolute
power that may lead to power abuse.
Legislative Body
The function of the body is to enact laws, amend and pass laws. It exists at the federal
and state level. At the federal level, the legislative body is the Parliament while at the
state level, it is the State Legislative Assembly (Dewan Undangan Negeri-DUN).
Federal Level
The Parliament comprise of the following components:
a) The Yang di-Pertuan Agong (YDPA)
 Head of the Parliament
 His Highness does not involve directly in the process of regulating law
 Normally, His Highness just officiate the opening of parliamentary
seating
 YDPA will approve bill that has been passed by the Senate & the House
of Representative
b) The Senate (Dewan Negara)

Its members are called Senators who are appointed by the government.
The term of office is 3 years and cannot exceed two terms (whether
continuously or alternately). Senators can only be re-elected once,
consecutively or non-consecutively. A Senator is appointed among the
circle of prominent citizens who have served the society or country in
various fields or professions.

The roles of Dewan Negara is to discuss and pass the bills that are
passed by the Dewan Rakyat before being forwarded to Yang di-Pertuan
Agong.

It is headed by Yang Dipertua who presides over meetings. He is assisted
by Deputy Yang Dipertua and Dewan Secretary.

Procedures of appointing a Senators:

i.
Two persons for each state appointed by the state government
through the State Legislative Assembly
ii.
Two persons for Federal Territory of Kuala Lumpur and one for
Labuan appointed by the YDPA on the advice of the Prime Minister.
iii.
Forty persons from various states appointed by Agong on the
advice of the Prime Minister.
Dewan Negara have power to delay the passing of the bills for a period of
one month to one year, but they have no power to reject it.
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c) The House of Representative (Dewan Rakyat)

Function: To enact law and to discuss matters related with the interest of
the people and the country.

Its members are citizens who contest in the general election and win a
parliamentary seat in a general election.
They are politicians who called as ‘People Representative’ (Wakil Rakyat).

Process of the enactment of law:
i.
A minister or ministry draws up a draft, known as a bill, with the help of
the Attorney General’s Department.
ii.
The bill is printed and distributed to the Members of Parliament (MP).
iii.
The bill has to go through three readings process and close study by a
Dewan Select Committee.

First reading:
A minister presents it to the Dewan Rakyat and the House
Secretary reads the brief subject matter.

Second reading:
The bill is discussed and debated in detail. After that the Dewan
Select Committee will study it and make necessary
amendments.

Third reading:
The bill is presented by a minister for approval. If it gets two-third
votes from the MPs (Members of Parliament), then it will be
considered as passed.
iv.
The passed bill will be debated in Dewan Negara and the same process
will take place (the three readings process) before being presented to
Yang Dipertuan Agong (YDPA)
v.
The YDPA has a period of 30 days to give consent to the bill. He can
reject the bill and the Dewan Rakyat must discuss and pass it again.
After that he has another 30 days to pass the bill. It will automatically
become a law in 30 days even if the YDPA does not sign it.
State Level
 At the state level, it is the State Legislative Assembly (Dewan Undangan
Negeri-DUN) will enact, amend and pass laws for the state. It has one house
only. The State Legislative Assembly (SLA) consists of:
a) Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri
 Heads of their states
 Normally, His Highness just officiate the parliamentary seating
 They will approve bill passed by the SLA
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b) State Legislative Council
 Its members are elected by the people in a general election
 Number of members varies according to the state
 Three other members appointed by the state governments but not
involve in the enactments of state laws. They are:
i.
State Secretary
ii.
State Legal Advisor
iii.
State Finance Officer
 Process of the enactment of law:

Similar to the process in the Parliament in which a bill will undergo three
readings in the SLA
Executive Body
The body is responsible for carrying out the executive tasks in administrating and
governing the government at the federal and state level. The executive at the federal
level is known as Cabinet of Ministers and at the state level as the State Legislative
Council (SLC). This body is empowered to implement laws that have been passed by
the legislative body.
Federal Level
The power of the executive lies in the hands of the YDPA as he is the
supreme head of the country and he can exercise the executive power
himself. However, in the real practice, the executive power is exercised by
Cabinet or by any minister empowered by the Cabinet. The YDPA has to act
on the advice of the Cabinet or a Minister. It means, the YDPA has no
absolute power to exercise his executive duties. However, His Highness has
the right to access to whatever information regarding the government. In
short, the relationship between the YDPA and the Cabinet is like a Chairman
and Chief Executive Officer (CEO) of a company. The YDPA is the Chairman
and the Prime Minister is the CEO of the country. The Chairman normally
does not involve directly in the administration of company, the same with the
YDPA who does not involve directly in the governance and administration of
the country.
The Cabinet which is headed by the Prime Minister is responsible to
determine government’s policies and to issue directives for the
implementation of the policies by the government administrative machinery.
The members of Cabinet are appointed by the YDPA.
State Level
The structure is similar to the federal level. The power of the executive lies in
the hands of the Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri
as they are the supreme heads of their states and he can exercise the
executive power himself. However, in the real practice, the executive power
is exercised by the State Executive Council (SEC) or by any EXCO
(Executive Officer) empowered by the SEC. Same with the YDPA, the Sultan
or Yang Dipertua Negeri or Yamtuan Besar Negeri have to act on the advice
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of the SEC. It means, they have no absolute power to exercise their
executive duties.
However, they have the right to access to whatever information regarding the
government. In short, the relationship between the Sultan or Yang Dipertua
Negeri or Yamtuan Besar Negeri and the SEC like a Chairman and Chief
Executive Officer (CEO) of a company. The the Sultan or Yang Dipertua
Negeri or Yamtuan Besar Negeri are the Chairmans and the Menteri Besar
(Chief Minister) is the CEO of the states. The Chairman normally does not
involve directly in the administration of the company, the same with the the
Sultan or Yang Dipertua Negeri or Yamtuan Besar Negeri who does not
involve directly in the governance and administration of the states.
The SEC is headed by a Chief Minister (Menteri Besar). It is responsible to
determine the state government’s policies and to issue directives for the
implementation of the policies by the government administrative machinery.
The members of SEC are appointed by the Sultan or Yang Dipertua Negeri
or Yamtuan Besar Negeri.
Judiciary
This body is responsible for the process of justice in this country. It carries out its
duties in the court of law. It frees from any government influences. It has wider
powers compared to the Legislative and the Executive in which it is empowered
to interpret the Federal Constitution or any other law and rule it as invalid.
Below are the roles and functions of the Judiciary:
a) To defend the supremacy of the Federal Constitution
b) To defend justice in the country
c) To ensure the balance of power between the Executive and the Legislative
body
d) To keep watching the executive body, so that any laws drawn by the
executive do not go against the Federal Constitution
Judges are appointed by the YDPA based on the advice of the Prime Minister.
Normally, the YDPA will consult the Council of Rulers before giving his consents
for the appointment of judges. The judges are paid from a special fund and not
from the government’s money. There is an independent Judiciary Service
Commission that responsible on matter relating to judicial services, like the
appointment of legal officers, promotion and allowances. The judges can be
dismissed from service for two reasons only:
a) Improper behaviors
b) Inability to carry out duties as a judge.
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The System of Court
[Source: (http://www.cljlaw.com/auth/open?url=/db/legalsys/courts.htm)
Based on the chart above, do you see the division of court in Malaysia? Let us
look the division of court in Malaysia. The court in Malaysia is divided into high
court and lower court. Below are the type of courts that represent both division:
HIGH COURT
Federal Courts
High Courts
Appeals Court
LOWER COURT
Session Court
Magistrate Court
Penghulu/Native/District Court
Besides the division of courts above, there are also known as Special Courts.
Among them are:
a) Juvenile Court
b) Industrial Court
c) Military Court
d) Syariah Court
For more details about each court above, please go to page 78, Table 4.3.
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5.2.3
Activities
a) From the discussion above, can you analyze the similarities and differences of:
 The legislative body at the federal and state level.
 The executive body at the federal and state level.
Discuss.
6.0
Lesson Summary
From the discussion, we get to know that Malaysia practices a monarchy system and
parliamentary democracy system at the same time. The YDPA acts as the head of the
country and the Prime Minister acts as the head of the government. This country is
governed by three main bodies i.e the Executive, the Legislative and the Judiciary. Those
three bodies are established based on the concept of ‘separation of power’ with the
objective to avoid overlapping and interference of one body over another. The country’s
structure of government and administration is divided into levels that are the federal and
state level. At the federal level, the executive tasks are carried out by the Cabinet head by
a Prime Minister on behalf of the YDPA while at the state level, the tasks are carried out by
the State Executive Council on behalf of Sultan or Yang Dipertua Negeri or Yamtuan Besar
Negeri. In ensuring the peace of the country and protecting justice, the system of court are
put in place. The court is an independent and neutral body that upholds the supremacy of
the country’s law.
7.0 Self Assessment
7.1 The head of the Federation of Malaysia is _________
A. Sultan
B. Prime Minister
C. Yang Dipertua Negeri
D. Yand Dipertuan Agong (YDPA)
Answer: D
7.2
YANG DI-PERTUAN AGONG
EXECUTIVE
X
JUDICIARY
Shown above is the separation of powers in Malaysian Administrative Structure.
What is the function of X?
A. Legislate laws
B. Administer law and justice
C. Exercise the governing power
D. Appoint judge of the High Court
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7.3 At the federal level, the body that responsible to regulate law for the country is the Parliament
While at the state level, it is ___________
A.
B.
C.
D.
State Cabinet
State Executive Council
State Legislative Assembly
State Representatives Council
Answer: B
7.4 The difference between the legislative body at the federal and state level is ___________
A. There are two houses at the federal level while at the state level, there is only one house
B. There are two houses at the state level while at the federal level, there is only one house
C. Prime Minister is the head of the body at the federal level while Chief Minister is the head
at the state level
D. The bills which passed by state must be debated at Dewan Negara while the bills passed
by Dewan Rakyat need not to be debated by Dewan Negara
Answer: A
Roles: to enact law & discuss
matters related with the
interests of the people.
7.5 The above statement refers to the role of the ________________________ in Parliament.
A. Dewan Rakyat
B. Dewan Negara
C. Judiciary Body
D. Cabinet Ministers
7.6 At the Federal level, the laws drawn by the Parliament cannot be enforced until they have the
consent of the ________________ .
A. Rulers Council
B. Dewan Negara
C. Yang di-Pertuan Agong
D. Prime Minister of Malaysia
Answer: C
7.7 Malaysia has a Constitutional Monarch. A Constitutional Monarch means a king (Agong)
heads the country but his power is limited by the ___________________ and he rules the
country
according
to
the
Constitution.
A. Parliament
B. Constitution
C. Majlis Raja-raja
D. Cabinet Minister
Answer: B
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7.8 The head of state for the Federation of Malaysia is the _________________ who is chosen
to hold the post for five years by the Council of Rulers.
A. Sultan
B. Prime Minister
C. Yang Dipertua Negeri
D. Yang di-Pertuan Agong
Answer: D
Possess wider powers which can interpret the
Constitution and the law in the event of any
vagueness or disputes.
7.9 The above statement refers to a power of the _________________ in Malaysia’s
government.
A. Dewan Rakyat
B. Executive Body
C. Judicial Body
D. Legislative Body
Answer: C
7.10
Which ruling body in the government component that has the right to
determine what action of behavior is right or wrong in the eyes of law?
A. Judicial Body
B. Executive Body
C. Cabinet Minister
D. Legislative Body
Answer: A
7.11
There are many courts in Malaysia’s legal system. The _________________
examines cases of offences against the Islamic religious law involving Muslims only.
A. High Court
B. Syariah Courts
C. Session Courts
D. Magistrate Court
Answer: B
7.12
Which courts under the category of lower courts?
I.
Session Court
II.
Federal Court
III.
Magistrate Court
IV.
Court of Appeal
A. I and II only
B. I and III only
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C. III and IV only
D. II and IV only
Answer: B
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