EXECUTIVE BODY

Malaysia is a country in Southeast Asia consisting of thirteen states that are united

inside a constitutional monarchy utilizing the British System. Further, Malaysia is one of

the countries that ruled with a federal constitutional monarchy and parliamentary

democracy. In addition, Malaysia has a federal constitution and thirteen state

constitutions, in which the federal constitution is the highest law of the land (Aun, 1999).

The Malaysian government system formed after the British arrived in the 19 th

century, the ruling system became federal, state and local government. The state and local

governments in Malaysia have their own legislative and executive bodies. Also, the

principle of separation of powers was adopted by the federal government that has three

main bodies: a) executive b) legislature c) judiciary.

a) Executive (Administration)- This body is administered solely by the

executive and cannot issue laws and regulations.

b) Legislative (Law) - This body does not issue laws only and should not

hand over power to either party. They shall not have other powers.

c) Judiciary (Judgment)- This body can only execute judgments and cannot

issue laws or use Laws of the Executive.

There are powers and powers for all three bodies. Therefore, the legislative is related to

each other because the Malaysian government system is exercised by members of the

Legislative Council and also members of the for example, the governing body of the

Cabinet is responsible for Legislative (Malaysian Parliament). The judiciary is the only

separate, policy-free body to ensure justice in the region.

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The Parliament is the legislative body of the Federation that promulgates laws Executable

in the entire union. Parliament controls the government Finance. Federal taxes and prices

may be higher only with effect Parliament as provided for in federal law. All returns

received will be Deposited in the Consolidated Federal Fund and all funds can only be

Spent by the power of Parliament. The party that wins the majority of its seat’s General

elections and majority support in the House of Representatives will form a government.

The royal council

The royal council is the form that is responsible of selecting the ruler of the country or

whom known by the Yang Di-Pertuan Agong, the council select his high majesty by

choosing from 9 sultans and 4 states governors. The royal council is accountable of

approving the customs of Islam for the whole Malay confederation or disapproving it ,

the council also responsible of agreeing to any new law that is issued by the prime

minister and if the prime minister wants to make a new law the law must be agreed by

the royal council first and also disagreeing it . The royal council is also responsible of

agreeing and the giving of advice on the selection of any position, therefor it is one of its

jobs is offering opinion on the country policy and the problems linked to the

improvement of the nation. The council considers the selection of numerous important

personnel before the final appointment is made because the council also have the right to

refuse to assign this individuals because maybe this individual is not suitable to that

position ,the final appointment is made by the Yang Di-Pertuan Agong and by the

recommendation of the prime minister . The selections that the royal council can be

included in it are ; the appointment of the national chief judge ,two important judges and

the supreme court judge , as well as two high court judges , the appointments of the

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national audit chief , the selection of several members of the public service commission

and the election commission . Moreover, the royal council can exercise its discretionary

power by selecting or discharging the deputy of the royal highness or the Yang Di-

Pertuan Agong himself and providing assistance on any selection. they can also decide or

disagree to any law that may change the border of a state as well as affecting on the

special status, position and honor or the nobility of the Yang Di-Pertuan Agong or the

sultans of the states.

Yang Di-Pertuen Agong (YDPA)

The Malaysian Supreme Head of State is the Yang Di-Pertuen Agong (YDPA),

commonly known as Supreme Head or “The King”. Moreover, the current highest head

of state is ‘Pasir Sultan’ and ‘ruler Sultan Abdullah’, who took office on January 31,

2019.

Unlike the hereditary monarchy, Malaysia produces the highest head of state by

way of elections. The Supreme Heads of State were elected by the Malay Rulers

Conference as the highest head of state by electing one of the most highly qualified rulers

in the nine hereditary rulers (9 of the 13 states of Malaysia with monarchies). During his

tenure as the Supreme Head of State, he shall not concurrently serve as the ruler of the

former state and any director of a listed company. The Supreme Head of State has the

highest power in Malaysia's legislative, judicial and administrative powers, but in

practice, he must exercise his powers in accordance with the opinions of the Prime

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Minister and the Cabinet. The Constitution also limits his powers, that is, the illusory

heads.

The official residence of the Supreme Head of State is located in the National

Palace of Kuala Lumpur. Official appointments, canals and receptions are held here; in

addition, the Supreme Head of State also has a palace called the ‘Mirati Palace in

Putrajaya’. The legal spouse of the Supreme Head of State is the highest head of state.

Seri Paduka Baginda Yang Di-Pertuan The Senate is the Supreme Council Agong

is the head of country that which plays its role in debating takes priority over everyone in

the Law or Enactment in detail. It is also Federation and shall not be subjected

responsible for discussing the matters to claim in any proceeding in any of public

interests. Pursuant to Article Court. The Yang Di-Pertuan Agong is 68 of the Federal

Constitution, the voted among the Malay Rulers by Senate has no power to reject the

Conference of Rulers according a Law passed by the House of to the rules set out in the

third schedule Representatives before submission to the Federal Constitution and the

Yang Di-Pertuan Agong. However, rules of the Conference of Rulers. The Senate may

postpone the Yang Di-Pertuan Agong will hold the implementation of the law. situation

for five years except he quits or is removed from the position by the Senate. The senate

has 70 members, of Malay Rulers. which 44 are appointed by the Yang Di-Pertuan

Agong from the citizens as the king of the country, he has who in the opinion of the King,

Executive power. He has the power to “has served with or has achieved call, cancel and

dissolve Parliament. glorious standards in public services, in using the power, he gets

commerce, industry, agriculture, advice from the Cabinet. The Yang cultural activities,

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community services Di-Pertuan Agong may perform or representatives of the smallest

three matters according to his own numbers or who can represent the discretion; appoints

a Prime Minister, interests of indigenous people”. The disagreement in the dissolution of

Federal District is made up of four Parliament and calling for a meeting member: two

members representing of Rulers on the advantages, position, the Federal Territory of

Kuala Lumpur, dignity and power of Kings. He also a member on behalf of the Federal

has the power of a pardon for all Territory of Labuan and a member offence in the

Federal District and representing the Federal Territory of certain offences under the

Internal Putrajaya are also appointed by the Security Act. He is the religious leader Yang

Di-Pertuan Agong. A total of for the Federal Territory, Malacca, 26 people are elected by

the State Penang, Sabah and Sarawak. Legislative Assembly from thirteen states in

Malaysia, and every state submits two in article 153 of the Federal Senators. Constitution,

the Yang Di-Pertuan Agong is responsible for safeguarding A Speaker and his Deputy

will be the privileges of the Malays and chosen in advance for handling the Bumiputras

in Sabah and Sarawak. Assembly among its own members. Besides being a top leader in

the Membership of this Assembly is limited Federal Armed Forces, the Yang di- to

citizens aged 30 years and above.

Pertuan Agong is also responsible for The term of service for a member of

determining the rights of the Malays Senate is three years and the member and

Bumiputeras, service positions, of the Senate can be appointed for scholarships, special

education or a second time and hold the post of training assistance, permit or license

Senator for the next three years. Each as well as to declare a state of senator is only

allowed to hold the emergency condition. Position for two terms. The term of service as a

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member of the Senate Lumpur (11 seats), Federal Territory is not affected by the

dissolution of Labuan (1 seat) and the Federal Parliament. Parliament is empowered

Territory of Putrajaya (1 seat). To change the membership of the Senate under the

Constitution, for example, to increase the number of members elected by three persons by

the Legislative council, to ensure that members of the National Assembly are elected by

voters, or to reduce the number of members present in the Senate.

The power of YDPA is only confined to the appointment of the Prime Minister

Article 34:

all the following the YDPA can’t be able to have the command to be able of interrupting

about;

Execution his responsibilities as the Ruler in his own state, excluding the head of Islam

Be in any spot which for him incurs any costs

Joining an active position or part in any industry

Federal System of Government in Malaysia

The form of government shows how government manages the administration in a given

country. Government can be classified into sub-models indicating unity and union. The

history of Malaysia during many historical times leads to the Union-based state. In

clarifying about federalism in Malaysia, the term federalism in general should be

understood to understand this concept more strongly.

Federalism is an association or alliance between States for mutual support and joint

action. In general, federalism is a group of states that agree to unite one major

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administration but at the same time retain a certain type of authority. This means that the

country will have a unified aspect of management but at the same time maintain its own

sovereignty in the field of certain management.

In Malaysia, there are 13 different states here but at the same time there is one

central government which is known as the Federation of Malaysia and at the same time

the legal administration in some provisions. During this paper, there will be a discussion

on the historical development of the Union in Malaysia, characterized by domination, the

division of power between the central and state governments, as well as the effects of the

Union on the state.

Historical Development of Federation in Malaysia

In a debate about the federation in Malaysia, the idea of the federation could bring

back the formation of a unified Malay state founded in 1895. This federation comprises

four states including Selangor, Perak, Negeri Sembilan and Pahang. According to the

agreement in accordance with this union, the ruler of the state referring to the sultan

agreed to follow the advice of the resident.

However, this union was considered a failure when the rulers of the

procrastination ruled this way for foreigners to take over the state. This can be proven

when the Malay government has absolute authority over matters. With regard to Malay

traditions and Islamic affairs. On the other hand, Malay The Sultan also dislikes the

action taken by the British by bringing in many immigrants from China to work in mines

and immigrants from India to work in the estate. In 1909 a Federal Council was created,

influencing the rulers of these countries when they have an equal position in expressing

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their ideas because they are considered as a regular member of the Council. In 1914, the

states of the Malay Peninsula were divided into three divisions: the Malays sate Union

(Selangor, Pahang, Perak, Negeri Sembilan), the non-independent Malay State

(Terengganu, Kelantan, Kedah, and Perlis), And Straits Settlement (Singapore, Penang,

and Malacca). Johor became independent because her relationship with the British

government was good.

The British returned to the Malay administration after Japan's invasion of World

War II. They tried to build a new way to manage this land. Since then, they have

introduced the Malay Federation. In addition, some features of Malayan Union were

against the Malay people at the time. First, the principle of shared citizenship that allows

anyone to claim Malay as their home because it is their place of birth or proper residence.

Second, Malayan Union also will make the state government lose its authority and this

will cause the rulers to lose their full authority against the people of Malaya towards the

Malay Union, he created a turbulent atmosphere in Malaya leading the British

surrendered on the installment of Malayan Union.

State Executive Body

Malaysian state governments govern thirteen states in Malaysia. Members of each

state have a legislature, from a single chamber, from a single constituency. State

assembly members or the chief ministers from the majority party in the Dewan Undangan

Negeri led the state governments. Each state with a hereditary ruler, they advise their

respective sultans or governors. A chief minister is selected by the Sultan with the

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proposal of the Prime Minister and one of the requirements is to be an ethnic Malay.

Once in every five years, parliamentary elections are acted.

The boundaries of the states are determined by the date of establishment of

Malaysia (Hari Malaysia, 16 September 1963). The state government of Malaysia is the

administrative body under the separation of powers of 13 states of Malaysia. The

secretary of state is the head of a state government with a hereditary ruler, and the chief

minister is the head of a state government with a non-hereditary head of state. The former

includes 9 states of Johor, Kedah, Kelantan, Terengganu, Perak, Selangor, Sammy, glass

city and Pahang, while the latter includes 4 states of Penang, Malacca, Sabah and

Sarawak.

The state government of each state is established and operated according to the

state constitution and is headed by the state secretary or chief minister, who is elected by

the first-past-the-post party in the unicameral state legislature.

The state minister or chief minister must take an oath before the state governor (sultan,

rajah, head of state), form a list of state cabinet members and be appointed by the state

governor. The executive branch of a state is the state executive council or state cabinet,

commonly known as the state government. It is composed of the party with the most seats

in the state legislature. The highest head of the state administration is the minister of state

or chief minister, under which there are four to ten executive councilors or ministers.

Although Malaysia is nominally a federal country, it is generally rated as a highly

centralized country. Although the state governments have autonomy in land resources

and local government operation, their actual operation is often restricted by federal laws

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and AD hoc central councils All state constitutions are required to incorporate the agreed

"political provisions" into the eighth table of the federal constitution. These conditions

require the Governor to act by advice, have a Legislative Council elected in the state, and

appoint an adviser and an Executive Council to advise him. If the states fail to comply,

the federal parliament can, by ordinary law under Article 71(3) and (4), amend the state

Constitution to give effect to the essential provisions. If a Chief Minister or the head of

minister is not able of being trusted by the majority of the members of the Dewan

Undangan, he has to resign. There is a similarity between the Executive Council and the

Council of Ministers at the federal body. First, the Governor appoints the Prime Minister

and is a member of the Legislative Council, which is supposed to gain the trust of the

majority of the members of the Council in the party system. The Governor then assign the

members of the Executive Council after consulting the Prime Minister. The Prime

Minister will ultimately be the President of the Executive Council. There for any member

of the State Government Meeting Council will not be able to practice in any trade,

business or profession which has connection with any government departments. The state

government must develop and solve any problem that considered under the state rule

include Religion, Agriculture, Education, Forestry, Land administration and Water.

Conclusion

In general, the executive body of the government is head by the Prime minister, chosen by the

YDPA. The Prime minister rule the administrative body and the government [Cabinet] along with

the party that grips the majority and parliament. YDPA has the executive power; hence all the

government are carried out by the yang di-pertuan Agong. In the Malaysian constitution, the

concept of the power separation is not practice thoroughly. This is due to the fact that

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three branches – the legislative, executive and judiciary are interconnected with one

another.

As per the constitution, the YDPA is compulsory to act based on the advice of the royal

council and the prime minister. [His Highness acts on discretion when taking action

without the advice of the cabinets.] Overall, the executive power is exercised by the

federal and the states executive governments and the 13 state of government.

References
- Jeong Chun Hai @ Ibrahim, & Nor Fadzlina Nawi. (2012). Principles of Public Administration:
Malaysian Perspectives. Kuala Lumpur: Pearson Publishers.

- Muhammad Azzubair Awwam Mustafa, (2012), ( (1226339) Section 1 Mr. Abbas Hassan
Introduction to Law and Government (PSCI 1020) Federalism in Malaysia.

- Datuk Seri Dr. Salleh Said Keruak Director General, (2016) Minister of Communications and
Department of Information, Multimedia Malaysia Level 18 Ministry of Communications and
Multimedia Malaysia
ADVISOR Lot 4G9, Persiaran Perdana, Precinct 4,
Federal Government Administrative
Dato’ Haji Ibrahim Abdul Rahman Centre, 62100 Putrajaya, Malaysia

(http://www.penerangan.gov.my/dmdocuments/malaysia_2016_en/files/basic-html/).

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