You are on page 1of 19

1.

0 INTRODUCTION

Article 74 of the Federal Constitution of Malaysia provides that Parliament may make laws
with respect to any of the matters enumerated in the Federal List and Concurrent List. In our
group assignment, we chose education as our subject matter. We find and discuss the
regulations (background, justification, reasons for its introduction) and the statutes which
have been made by Parliament under the matter which we have chosen. We also discuss
about any current issues which are connected to some specific matter.

1.1 EDUCATION LAW

Generally, education law is the area of law that relates to schools, teachers, and the rights of
Americans to a public education, as well as standards for those students who attend private
schools.

Malaysian laws mandate that every child be given the opportunity to an education.
Each state has its own school system, and as a result, there are very different laws among the
various states with regard to management of schools, teachers, and funding for public
education. However, they are all overseen by the federal government through the Department
of Education.

There is a strong emphasis on providing equal opportunities for education. This


includes both to minorities and historically disadvantaged groups, as well as to those with
disabilities. The Education Act 1996 provides that no state can deny an equal opportunity to
education to any individual on the basis of race, colour, sex, or national origin. Similarly, for
children with disabilities, the Individuals with Disabilities Education Act establishes a
process for evaluating student needs and providing for an education program tailored to that
individual. Similarly, most states have their own supplemental laws expanding upon the
educational rights of children with special needs.

Education laws also govern the standards for education. State laws primarily set forth
the standards for evaluating student achievements and teacher performance, but they are also
affected by regulations established by the Department of Education. These laws may include
standardized testing, minimum credit hours, required subjects of study and others.

1
Education in Malaysia is overseen by the Ministry of Education (Kementerian
Pendidikan). Although education is the responsibility of the federal government, each state
and federal territory has an Education Department to co-ordinate educational matters in its
territory. The main legislation governing education is the Education Act of 1996.

The education system is divided into preschool education, primary education,


secondary education, post-secondary education and tertiary education. Education may be
obtained from the multilingual public school systems which provide free education for all
Malaysians, or private schools, or through homeschooling. By law, primary education is
compulsory.

1.2 REASON BEHIND THE EDUCATION LAW

In 1992, Malaysia set itself the goal of becoming a fully developed nation by the year 2020.
The vision implicit in this goal is known as Vision 2020. The realization of such a vision in a
multiethnic political climate, conditions that Malaysia has long enjoyed.

The turn of the century brought with it challenges such as globalization, liberalization
of the economy, and information and communication technologies (ICT). To meet these new
challenges, Malaysia needs citizens who are both knowledgeable and skilful. In its efforts to
become a developed nation, Malaysia must build a workforce that uses (and thereby benefits)
its own people rather than relying on foreigners to fill many positions, as is the case at presnt.
Education is crucial, in this regard, for it provides Malaysia with a starting point from which
to create the Malaysia of the future as envisaged by the government.

In line with its mission “to develop a world class quality education system which will
realize the full potential of the individual and fulfill the aspiration of the Malaysia nation”
(Ministry of Education, n.d.), the Malaysian educational system has undergone several
reforms. These reforms were needed to cater for changes in the national agenda, in particular
the shifting of the country’s economic base from (first) agriculture to low-technological
commodities, and now to manufacturing and services-related industries, which requires a
more sophisticated and technologically competent workforce.

2
Gopal Sri Ram JCA has been interpreted the Article 74 of the Federal Constitution of
Malaysia is a living document written for all time. Its language compresses within it ideas
that are manifold that are multifaceted. The Federal Constitution has enumerated new
legislation in education these are:
 The Education Act (1996)
 The 1984 Child Care Act (308 Act)
 The Childcare Centres (Amendment) Act 2007
 The Universities and Universities and University Colleges Act (1971)
 The Universities and Universities and University Colleges Act (Amendment)
1996
 The Private Higher Education Institutions Act (1996)
 The National Council on Higher Education Act (1996)
 The National Accreditation Board Act (1996)
 The National Higher Education Fund Board Act (1997)
 The Child Act 2001 (Act 611)
 The National Skills Development Act 2006 (Act 652)
 The Education Amendment Act 2002 (Act A1152)

2.0 ACTS OF EDUCATION LAWS

2.1 EDUCATION ACT 1996

Education Act of 1996 is the main legislation governing education. Education in Malaysia is
overseen by the Ministry of Education (Kementerian Pendidikan). Although education is the
responsibility of the federal government, each state and federal territory has an Education
Department to co-ordinate educational matters in its territory. The education system is
divided into preschool education, primary education, secondary education, post-secondary
education and tertiary education. Education may be obtained from the multilingual public
school systems which provide free education for all Malaysians, or private schools, or
through homeschooling. By law, primary education is compulsory.

3
Formulate of the Education Act 1996 is acknowledging the importance of knowledge
for the survival of the nation. Knowledge enable the Malaysian society to have a command of
knowledge , skills and values necessary in a world that is highly competitive and globalized ,
arising from the impact of rapid development in science, technology and information.
Education plays a vital role in achieving the country’s vision of attaining the status of a fully
developed nation in terms of economic development, social justice and spiritual, moral and
ethical strength, towards creating a society that is united democratic, liberal and dynamic.

Besides, Malaysia is developing a world-class quality education system and potential


of individuals in a holistic and integrated manner. The education policy is to be executed
through a national system of education which provides for the national language to be the
main medium of instruction, a National Curriculum and common examinations; the education
provided being varied and comprehensive in scope and which will satisfy the needs of the
nation as well as promote national unity through cultural, social, economic and political
development in accordance with the principles of Rukunegara.

2.2 EDUCATION AMENDMENT ACT 2002

Education is a fundamental human right which is one of the five economic, social and
cultural rights stated in the Universal Declaration of Human Rights (UDHR). This right
which is Article 26 in the UDHR states that everyone shall have the right to free and
compulsory education, at least in the elementary and fundamental stages. The right of every
child to free and compulsory primary education is reiterated in Article 28 of the Convention
of the Rights of the Child which Malaysia had acceded on 17 February 1997.

The Education (Amendment) Act 2002 is an act that made it compulsory for parents
to enrol their children in a primary school for six years up to Year Six. The compulsory
education law imposed a fine on parents who fail to ensure that their children attend primary
school. On the other hand, there is no legislation on school attendance at the secondary
school level. All children from the age of seven years old are required to have their primary
school education until age of twelve years old.

4
2.3 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971

As at 1 August 2012, this Act is to provide for the establishment of the university,
maintenance and administration of Universities and University Colleges and for other matters
connected with it. This act is enacted by the Seri Paduka Baginda Yang di-Pertuan Agong
with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament
assembled, and by the authority of the same.

The purpose of this Act is to make provisions for universities and university colleges to
provide higher education at a high international level. Besides, university should conduct
research and academic and artistic development work at a high international level. Moreover,
disseminate knowledge of the institution’s activities and promote the understanding and
application of scientific and artistic methods and results in public administration, cultural life
and business and industry.

Ministers is the administrator of the University and take responsibility for general
direction of higher education and administration of the Act which shall be in accordance with
the national policies, strategies and guidelines on higher education formulated or determined
by an authority established under any written law for such purposes.

2.4 PRIVATE HIGHER EDUCATION INSTITUTIONS ACT 1996

Private Higher Education Institutions Act 1996 is an Act that contain in Federal Constitution
that under the category of education. This act is amended in section 2 by inserting after
definition of “branch campus” which mean is, “Campus”, in relation to a private higher
educational institution, means the registered premises of the private higher educational
institution.

Private Higher Education Institutions Act 1996 also seventh page document by the
Malaysia government that controls the private tertiary educational institutions (PHEI’s) and
tertiary students. Private Higher Education Institutions Act 1996 provided twinning
arrangements between public and private institution. This act is able to upgrading of existing
college to universities. These included the Education Act, 1996; the University and
University Colleges (Amendment) Act, 1996, the National Accreditation Board Act, 1996
and the National Council on Higher Education Act, 1996.

5
“Higher education” under the Education Act 1996 means education provided by a
higher educational institution which includes university and university college education
while the Private Higher Educational Institutions Act 1996 defines “higher education” as
instruction or training on or teaching of a course of study leading to the award of certificate,
diploma or degree upon the successful completion thereof.

The Private Higher Education Institutions Act 1996 is making private institute to be born
in Malaysia. This act is allow private universities and university college to provide tertiary
education to the public and able confer degree to the graduate. They are some example
universities and university college in Malaysia that under Private Higher Education
Institutions Act 1996:

a. AIMST University
b. INTI University
c. KDU University College
d. Petronas University of Technology
e. Sunway University
f. SEGI University
g. Tunku Abdul Rahman University
h. Linton University College

6
2.5 CHILD ACT 2001

Child protection is a priority for the Government of Malaysia. The Malaysia Child Act 2001,
a consolidation of three previous laws on issues relating to child protection and juvenile
justice, namely the Juvenile Courts Act 1947, Women and Young Girls Protection Act 1973
and Child Protection Act 1991, is part of the protective legal environment for children.

The Child Act 2001 is an act of Parliament to make provision for parental
responsibility, fostering, adoption, custody, maintenance, guardianship, care and protection of
children; to make provision for the administration of children’s institutions; to give effect to
the principles of the Convention on the Rights of the Child and the African Charter on the
Rights and Welfare of the Child and for connected purposes.

The Child Act 2001 acknowledge that a child being immature. The Act acknowledged
that a child, by reason of his physical, mental and emotional immaturity, is in need of special
safeguards, care and assistance, after birth, to enable him to participate in and contribute
positively towards the attainment of the ideals of a civil Malaysian society.

Besides, Child Act 2001 carry out non- discrimination policy. The Act recognizing
every child is entitled to protection and assistance in all circumstances without regard to
distinction of any kind, such as race, colour, sex, language, religion, social origin or physical,
mental or emotional disabilities or any other status. The Child Act 2001 included many
section. Below show examples two kinds of sections.

2.5.1 SECTION 31. NEGLICENCE ON THE PART OF CARE TAKER

Any person who, being a person having the care of a child— (a) abuses, neglects, abandons
or exposes the child in a manner likely to cause him physical or emotional injury or causes or
permits him to be so abused, neglected, abandoned or exposed; or (b) sexually abuses the
child or causes or permits him to be so abused, commits an offence and shall on conviction be
liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not
exceeding ten years or to both.

7
2.5.2 SECTION 75. WHEN A CHILD CAN BE SENT TO HENRY GURNEY
SCHOOL

If— (a) a child is found guilty of any offence punishable with imprisonment; (b) the
probation report submitted to the Court For Children shows that— (i) the parents or guardian
of the child can no longer exercise or is incapable of exercising any proper control over him;
(ii) the child is habitually in the company of persons of bad character; and (c) it appears to the
Court For Children— (i) that the offence committed is serious in nature; and (ii) (ii) by
reason of the nature of the child’s criminal habits and tendencies it is expedient that the child
be subject to detention for such term and under such instruction and discipline as appears
most conducive to his reformation and the repression of crime.

Henry Gurney School is the rehabilitating centre for the Juvenile delinquents age 14-
21 years old. There are 5 Henry Gurney Schools in Malaysia which is SHG Telok Mas,
Melaka, SHG Kota Kinabalu, Sabah, SHG Keningau, Sabah, SHG Puncak Borneo, Sarawak
and SHG Wanita, Batu Gajah, Perak.

2.6 NATIONAL HIGHER EDUCATION FUND BOARD ACT, 1997

This Act seeks to establish a fund for the purpose of providing financial assistance by way of
educational loans to students studying in higher education institutions in Malaysia. The loan
is to be utilised for the payment of fees, educational equipment, educational aids and the cost
of living expenses during the student’s period of study. The Act also provides for the
establishment of a saving scheme to encourage children to start saving as early as Year 1 in
primary school towards financing their higher education. With the establishment of the fund,
no deserving student will be deprived of a place in a higher education institution due to
financial reasons.

All higher educational institutions operating in Malaysia are subjected to one or more
of the above legislation, depending on whether the education provider is publicly or
privately-owned.

8
The legislation has made possible the following major enhancements in the Malaysian
higher education system:

1. the provision for the establishment of privately-run universities and systematic


expansion of private education at tertiary level
2. the provision for fines and jail term on operators who have flouted the provisions of
the laws
3. the provision for setting up of a quality assurance agency by the government to
implement the Malaysian Qualification Framework as a basis for quality assurance in
higher education and also as a reference standard for national qualifications
4. the allowance for greater administrative and financial autonomy of public universities
5. the establishment of student loans for greater access to higher education

The above Acts are reviewed from time to time to ensure that Malaysia achieves its aim of
becoming a centre of educational excellence.

2.6.1 THE NATIONAL HIGHER EDUCATION FUND CORPORATION (PTPTN)

This is a type of loan furnished by the Malaysian government to assist students financially in
public as well as private institutions of higher learning. The chances of government servants
and government retirees getting selected are very high or in fact almost 100% secured.
Students need to pay back the loan obtained with a 1% interest charge upon graduation.

The National Higher Education Fund Corporation (PTPTN) was established under the
National Higher Education Fund Act 1997 (Act 566) and is effective from 1st July 1997.
PTPTN became operational on 1st November 1997 at Bangunan Wisma Chase Perdana, Off
Jalan Semantan, Damansara Heights, Kuala Lumpur.

FUNCTIONS of PTPTN

1. To manage disbursement of student loans for the purpose of higher education, and
to collect loan settlement.
2. To collect deposits, design and offer savings schemes for the purpose of saving for
higher education.
3. To carry out any other functions given to the PTPTN under any written legislation.

9
2.7 NATIONAL SKILLS DEVELOPMENT ACT, 2006

This Act is to promote, through skills training, the development and improvement of a
person’s abilities, which are needed for vocation; and to provide for others matters connected
therewith.

This Act may be cited as the National Skills Development Act 2006. This Act comes
into operation on a date to be appointed by the Minister by notification in the Gazzette and
the Minister may appoint different dates for the coming into operation of different provisions
on this Act. The National Skills development council is to function as to approve the
standards and to advise the Minister on matters pertaining to this Act, and responsible to
advise the minister on matter referred to it by the minister and lastly to perform functions as
may be set out in this Act.

2.7.1 POWER TO IMPOSE CONDITION

The Director General may granting a certificate of accreditation under section 25 or 27,
impose such condition as it may deem requisite or expedient and may vary, amend or revoke
any conditions or impose new or additional conditions from time to time.

In Section 25 or 27 provide if the skills training has failed to maintain the standard
and quality required of it or if the skill training provider has breached any condition attached
to the certificate of accreditation or on any other reasonable grounds. Besides, a written
notice of the intention to suspend or revoke the certificate of accreditation shall be served on
the skills training provided and the notice shall specify the grounds for such suspension or
revocation.

2.7.2 NATIONAL SKILLS DEVELOPMENT

The Inspector may enter at any time any premises or any part of the premises which belongs
to or its being used, whether permanently or otherwise, by a skills training provider for the
purpose of providing skills training for an accredited programmed. They also inspect book,
register, document, financial statement, material or other article in the physical form or in the
electronic medium.

Moreover, there is require any person being a member of the Board of Directors, a
chief executive, employee, or a trainee of such skills training provider, to produce for his
inspection any book, minute book, register, document, financial statement, material or other
article in the physical form or in the electronic medium, which is in the possession or custody
of the person or under his control or within his power to furnish in relation to

1. The management of the skills training provider; or

2. The Skills training carried out by the skills training provider.

10
2.8 NATIONAL COUNCIL ON HIGHER EDUCATION ACT 1996

This Act is to determine policy and coordinate the development of tertiary education. The
National Council on Higher Education Act 1996 was formulated to enable the establishment
of the Council. This act is to establish the national council on higher education and to assist
for the function relating to the higher education and matter that related. This act is being
enacted by Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the
Dewan Negara and Dewan Rakyat in Parliament assembled.

In this Act, it contains a few function of Council, which is:

a) To plan, formulate and determine national policies and strategies for the development of
higher education.
b) To co-ordinate the development of higher education.
c) To promote and facilitate the orderly growth of institutions of higher education.
d) To determine policies and set criteria for the allocation of funds to higher educational
institutions.
e) To determine policies relating to the entry of students to higher educational institutions.
f) To determine policies and set guidelines on matters pertaining to the salary structure and
personnel management system of Universities and University Colleges established under
the Universities and University Colleges Act 1971.
g) To determine policies and set guidelines on fee structure.
h) To determine policies and set guidelines on the areas or courses of study to be undertaken
by higher educational institutions.
i) To determine policies and set guidelines on the conduct of any course of study or training
programme by higher educational institutions jointly or in association, affiliation,
collaboration or otherwise, with any University or institution of higher education or other
educational institution or organization within or outside Malaysia.
j) To determine policies and set guidelines on the involvement in business activities by
Universities in accordance with the powers conferred under the Universities and
University Colleges Act 1971.
k) To take such actions or do such things as it deems fit or necessary to enable it to carry out
its functions and powers effectively.

11
3.0 ISSUES (ACT)

3.1 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971

A repressive law that forbids students from becoming members of political parties and
restricts political activity in universities will be amended, Prime Minister of Malaysia Najib
Razak announced this news. “The government believes in the maturity and intelligence of out
university students,” Prime Minister Najib Razak told the lower house of parliament, the
Dewan Rakyat, on 24 November 2011. He said the controversial section 15 of the University
and University colleges Act relating to students activity would be changed to “respect the
constitutional right of the undergraduate who have reached the legal age or age of majority.”

3.2 PRIVATE HIGHER EDUCATION INSTITUTIONS ACT 1996

CASE 1 :
In 13th February 1998, The Malaysian education ministry has warned private colleges that
they face legal action if they mislead students about the foreign status of their degrees.
Private colleges have mistakenly taken as a blanket approval education minister Datuk Seri
Najib Tun Razak's announcement in December that they could conduct entire foreign degree
programmes locally to offset the public cost of financing study abroad.

To the dismay of college principals, private education official Sri Nusa Ahmad
Thaharuddin said colleges had to apply individually for state approval. "So far, we have only
received five applications", he said. Of particular concern to the ministry was that some
private colleges were enticing students for foundation programmes on the basis that they
would be conducting foreign university degree programmes fully in Malaysia. Colleges could
be charged under the Private Higher Educational Institutions Act 1996 for making false,
deceptive, offensive and misleading advertisements.

If found guilty they could face fines not exceeding M$50,000 (Pounds 6,400) or
imprisonment of not more than six months or both. The enforcement unit of the domestic
trade and consumer affairs ministry can also take action against errant private colleges for
misleading advertisements under the Trade Description Act, 1972.

12
CASE 2 :

In 3rd January 1997, UNIVERSITY Telekom (Unitel), Malaysia's first private university, is
set for its first intake of 120 students in May 1997. Unitel will offer courses in computer
engineering, software engineering, communications and multimedia arts. Education minister
Datuk Seri Najib Tun Abdul Razak has now officially invited Telekom Malaysia to upgrade
its existing institute, Telecomunikasidan Teknologi Maklumat (ITTM), to university status.
ITTM was established in 1993.

Telekom Malaysia is the first private corporation to be invited to set up a university


since the Private Higher Educational Institutions Act 1996 came into being. Tuition fees must
be approved by the National Higher Education Council, set up in September 1996. Dr Najib
said the setting up of Unitel and other private universities in future did not mean the
government would allow those from poor families to be deprived of a university education.
The government would continue to defend their rights and ensure they are given an "equal
opportunity to pursue higher education".

Telekom Malaysia is now required to set up a body, which would be a subsidiary of


the corporation, to coordinate Unitel. The creation of private universities will enable more
students to pursue higher education. The government has made it clear that it is willing to
consider applications by other corporate bodies to set up universities. "The government's final
decision would however, depend on current needs and the suitability of individual
corporations."

All new universities must also make Bahasa Malaysia (the Malay language) their
medium of instruction. "Overseas students who study in our universities will be required to
take up Malaysian studies to familiarise themselves with our language and culture," the
education minister said.

13
3.3 CHILD ACT 2001

CASE 1: SECTION 31

In the case of R. v Hayles [1969] All ER 3, Widgery LJ made an explanation to the words
‘willfully assaults, ill-treats, neglects, abandons or exposes’ contained under section 1(1) of
the Young Persons Act 1933. The appellant’s three-year-old son fell downstairs and was put
to bed by him without any medical attention or treatment for his injuries and the child died
the next day. The appellant was charged with ‘willfully ill-treating’ the child. Counsel
contended that the section created five different distinct offences and that the prosecution
must choose the correct offence. The Court of Appeal held that the words did not create
separate and distinct offences and that if an indictment selects one of these particular words
and the evidence adduced comes fairly within the ambit of the word selected, then the charge
is made out, even though the same conduct might with propriety have been put under a
different heading.

It is not surprising that in the modern society, child maltreatment is still of common.
The present concern of child abuse in Malaysia can be traced back to the case of
Balasundram, an innocent child aged 26 months that had been abused and eventually suffered
to death. This case was the turning point that gave rise to the Child Protection Act 1991
which is the epitome of Malaysian legislative prowess, for it has transcended the boundaries
of a mere description of the circumstances in which a child is in need of protection to a
reasoned definition of the major aspects of child abuse itself. Since the introduction of this
Act, and later the improved Child Act 2001, numerous actions and policies have been done in
an effort to curb child abuse. The case of Balasundram was only the reflection of hundreds
more under reported cases that have been going on undiagnosed and undetected by the public
at large.

Statistic of the Malaysian Royal Police showed that child abuse, molestation and rape
are on the increase, from 2236 cases in 2005 to 5744 cases in 2008. In 2011, a total of 3428
cases of child abuse were reported, an average of 286 cases per month. The numbers were
alarming, since international experience suggests that reported cases are likely to represent
only 10 percent of total cases of the most victims and their families remain too ashamed or
unable to report the violations against them.

14
Violence affects children's physical and mental health, impairs their ability to learn
and socialise, and undermines their development as functional adults and good parents later
in life. In the most severe cases, violence against children can also lead to death. The causes
of violence against children are complex. Family breakdown, stress, chronic poverty,
unemployment, mental health disorders, substance abuse, homelessness, community violence
and lack of quality parental time contribute to cases of abuse and neglect of children.

CASE 2 : SECTION 75

The number of criminal cases involving juveniles has been increasing from 4200 in 2002 to
3274 cases in 2004. Over 60 percent of those arrested during 2002-2004 were sixteen to
eighteen years old, while boys made up 97 percent of arrests at all ages. Of the criminal cases
in this period 2002-2004, 63 percent were property-related such as theft, house breaking,
stealing of motor vehicles, snatch theft, and dealing with stolen goods. Other causing hurt,
using criminal force or assault, weapons possession, and rape.

Children who are criminally liable for offenses may be sent by a court to a place of safety,
a place of refuge, a probation hostel, an approved school, or a Henry Gurney School. Henry
Gurney schools are for those offenders older than fourteen years who have committed serious
crimes. They may be detained until they are twenty-one years old.

3.4 NATIONAL HIGHER EDUCATION FUND BOARD ACT, 1997

The National Higher Education Fund Corporation (PTPTN) one of the loan assistants that
provided by the government of Malaysia to the student to further their studies either in
diploma, degree and higher. Today there were many issues about PTPTN which was, issue
about the blacklisted of the borrower’s name when they not paid the loan and also issue about
the Riba in the payback amount.

The National Higher Education Fund Corporation (PTPTN) has their own policy in
the payback of the loan by student that has taken the PTPTN loan. PTPTN will give more
than 6 months for the students to start the payment not immediately after they completed the
studies.

15
According to the accurate source, the name of student can’t be blacklisted in Malaysia
because of PTPTN even they only paid 1% from the amount that they had borrowed from the
PTPTN. The borrower’s name would only be blacklisted by the PTPTN if they cannot
fulfilled these two conditions, which is borrower not pay even RM1 after they had finished
their studies and also the borrower that had not updated their address, telephone numbers and
their office address. So in short, the borrower’s name would not be blacklisted by the PTPTN
even the student only paid for the certain amount from the loan.

Another thing that worries many people was that borrowing from PTPTN may
involve Riba. PTPTN imposed 3% as an interest for the pay back. Riba is an illegal in Islam
as it is related to the verse in Al-Quran (Al Baqarah: 279). According to this ayah, Allah says
that borrower should pay back the amount of debt with no additional from the amount
borrowed. So that, it was cleared here that the sum of amount borrowed from PTPTN was
considered as Riba and it illegal in Islam.

The 3 % that imposed by the PTPTN as an interest is to pay for the cost of service in
administrating the loan given by the PTPTN to student and also as a guaranteed capital for
the future student in getting loan from PTPTN. Professor Datuk Dr Mahmood Zuhdi has his
own opinion about the excess of the 3%, for him this is to get the similar value for currency
in the next ten years. For example, the value of RM10 for this year is not same as the value of
RM10 in the next ten years. He used the theory of “the values of thing more or less in the
future compared to today”.

In June 2008, PTPTN announced that they changed the 3% to 1% services by


applying the Islamic concept called as Ujrah (fee). The Ujrah concept applied by PTPTN has
been approved by The Fatwa Committee or Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal
Ehwal Ugama Islam on 28th July 2008. Thus, for student who had loan starting 2008 and after
2008, the loan uses the Ujrah concept as a charge of service and this was not considered as
interest.

16
4.0 ISSUES IN MALAYSIAN EDUCATION

4.1 LANGUAGE

The issue of language and schools is a key issue for many political groups in Malaysia.
UMNO champions the cause of using Malay as the medium of instruction in all schools.
However, under the Razak Report, primary schools using the Chinese and Tamil language as
medium of instruction are retained. Up until 1981 in Peninsular Malaysia (and some years
later in Sarawak), there were English-medium schools, set up by the former colonial
government and Christian missionaries. Following the severe race riots in Kuala Lumpur in
May 1969, English-medium schools were phased out from January 1970; by 1982 these
became Malay-medium schools ("national schools").

The existence of national-type schools is used by non-Malays components of the


ruling Barisan Nasional to indicate that their culture and identity have not been infringed
upon by the Malay people. Dong Jiao Zhong (the association of Chinese school boards and
teachers) and other Chinese education organisations took on the role of safeguarding Chinese
education in the country and are opposed to Malay replacing Chinese as medium of
instruction in Chinese schools. They shape much of the views of the Chinese educated
community, which is a key electoral constituency.

In 2002, the government announced that from 2003 onwards, the teaching of Science
and Mathematics would be done in English, to ensure that Malaysia would not be left behind
in a world that was rapidly becoming globalised. This paved the way for the establishment of
mixed-medium education. However, the policy was heavily criticised by Malay linguists and
activists, fearing that the policy might erode the usage of Malay language in science and
mathematics, which led to a massive rally in Kuala Lumpur on 7 March 2009.

Chinese education groups opposed the policy as well, fearing that it might erode the
usage of Chinese as the medium of instruction in Chinese schools. The government
announced in 2009 that this policy will be reversed in 2012: the teaching of both subjects
would revert to Malay. Due to the lack of Chinese and Indian students attending national
schools, coupled with the increasing number of Malay students attending Chinese and Indian
national-type schools, the government announced in April 2005 that all national schools will
begin teaching Chinese and Tamil to attract more students, not as mother tongue courses but
as elective courses.

17
4.2 GENDER

In 2004, the UNDP (United Nations Development Programme) representative Dr. Richard
Leete stated that Malaysia's ranking in the UNDP gender index was not "as high as it should
be". Former Higher Education Minister Datuk Dr Shafie Salleh replied that it was not unique
to Malaysia.

His quoted statistics revealed that there was a 2:1 ratio of boys to girls in polytechnics
and at public higher learning institutions. In virtually all developed countries females and
males enter university in approximately equal ratios. Thus, the 2:1 ratio in Malaysia is seen as
rather peculiar when placed in a global context.

Malaysian polytechnics and community colleges are not degree-producing institutions


and none have post-graduate programmes. Most are vocational or technical institutions. This
imbalance is corrected once the respective genders leave the education system.

4.3 RACIAL QUOTAS IN PUBLIC UNIVERSITIES

In 1973, the Malaysian government implemented an affirmative action program, setting a


quota of 55% of university places for Bumiputeras and the remaining 45% for Chinese and
Indian students. The university quota system created considerable unhappiness among the
Chinese and Indians.

In 2010, the Indian community was shocked at the low 2% to 3% intake of Indian
students into public universities. Indians are faring badly under the meritocratic system used
for university intake. Under the quota system, about 5% to 10% of the students were Indians.

After the abolishment of the race quota, matriculation was introduced as an alternative
for STPM. It has come under criticism for being easier than STPM and serves as an easier
education path for Bumiputeras. Matriculation certificate, however, is only valid in Malaysia
unlike STPM which is recognised across the world.

18
5.0 CONCLUSION

BENEFITS OF EDUCATION FOR MALAYSIA

Malaysia wished to become an advanced country. As what Dr. Mahathir said about Malaysia
will achieve Vision 2020 by 9 fundamental. Establishing a scientific and progressive society
is one of the objectives we have to prove by education system to proclaim. Malaysia is an
advanced country. Therefore, Education Act had been introduced by Parliament.

Education is a process that involves the transfer of knowledge, habits and skills from
one generation to another through teaching, research and training. It can be either in a formal
or informal setting. Formal education involves institutionalized learning based on a
curriculum. In today’s society, education and learning play an indispensable role in shaping
the lives of individuals and the society at large. The most effective way of reducing poverty
and improving people’s health is by investing in education.

Poverty can be reduced through education in a number of ways. One of the ways is
through creating more employment opportunities for educated people. Employment can help
ones’ to able to afford a decent living. Education provides sustainable environmental
management mechanisms, create income opportunities and improve livelihoods of the
economical disadvantaged. Education will further alleviate poverty through skills acquired in
the learning process. Skills such as carpentry, plumbing and masonry are relevant in non-
formal economies. One can acquire these skills through technical and vocational training.

Educated people which know the importance of healthy habits and engage in healthy
habits tend to live longer and contribute more to society. Such healthy habits included having
a balanced diet, exercising regularly and going for medical check-ups. One will also be
investing in their health by investing in education. Education serves to create room for
technologic advancements in the field of medicine and agriculture. Traditional methods can
be replaced by advanced technology which can be used for conducting surgery. This has seen
an improvement in people’s general health and an increased life expectancy. Most developing
countries have a low life expectancy compared to developed countries. This can be attributed
to high illiteracy levels present in developing countries. This translates to poor health and
poor eating habits.

In conclusion, education is the only means of alleviating poverty and improving


people’s health. Thus, in order to encourage education, all children in Malaysia must have
education since 4 years old and above to make sure that every single people will be able to
contribute to the country.

19