The Legal System and National Policy of the State of Malaysia and its

Comparison with the State of Indonesia

Introduction

In general, a number of parties view Malaysian law as much more

advanced than Indonesian law. This view is quite reasonable for the progress that

Malaysia has made in various fields. In the field of law, in the last 10 years, it has

shown quite rapid progress both in terms of the quality of the legal products as

well as from the level of rule of law as well as public trust in judicial institutions

and law enforcers.

Therefore, comparing the Indonesian legal system with Malaysian law is

an interesting study to examine the weaknesses and strengths of the legal systems

of the two countries, especially in the constitutional system of the two countries

including the judicial system, so that a picture is obtained in order to improve the

national legal system in the future. come.

Discussion

The question we want to answer is how do we make public policies in the

era of democracy, and what public policies we need to build in the era of

democracy, to strengthen democracy, make democracy healthier and more

valuable for the nation. This becomes a critical question, because democracy in

developing countries is experiencing challenges, because developing democracy

has turned into a new ologarchy, not only by parties, but by the rich, so that from

a form called democracy, but its content is plutocracy.

 Public policy is a set of institutionalized political decisions from a

legitimate political power. These political decisions are related to the allocation of

important and scarce resources to the nation, to ensure that their use or utilization

is for the good of the nation, not to destroy, let alone destroy.

Public policy is a decision to allocate resources to ensure that their

utilization will benefit the nation, and not others, let alone vice versa. In fact, for

nations and supra-state organizations with a global presence, a set of public

policies is made to ensure that every allocation of important and limited (or

scarce) resources is guaranteed to benefit humanity.

Public policy is a strategy for managing the nation in achieving the goals

of national life. As a strategy, public policy is an imperative of all state

organizations, no matter what the shape of the state is. Whether a developed,

developing, or underdeveloped country; countries in the first world and in the

third world. As a strategy, public policy has a definition as a strategy to bring a

nation from a current condition to achieve a certain condition, which is much

better than today, at some point in the future.

So, in building public policy, the first actor to pay attention to is the leader.

Therefore, studying public policy is a must for every Leader and Prospective

Leader. Leaders are actors who have the role of ensuring that only superior

policies that favor the nation can be made, while others cannot be made. The

leader is a policy (decision) maker.

 Apart from being allied countries, Indonesia and Malaysia have also

established bilateral relations in the fields of education, economy, and also in the

field of manpower. The number of Indonesian workers or TKI according to the

Minister of Law and Human Rights, reached 2.7 million. This number is the

largest number of TKI in the world (Putra 2018). Indonesia also exports a lot of

rice and maize to Malaysia, the total amount of which is 1 million tons of fallow

per year and 3.1 million tons of corn per year. The value of rice and maize reaches

IDR 20 trillion, this value greatly influences Indonesia's economic growth.

Context

Malaysian - Indonesian State Institutional Format

The international legal system is considered a legal system that was

originally formed and developed first and foremost to support the interests of

European countries. In connection with this, there have been many criticisms of

the international legal system which is considered a form of Western civilization

standards that are applied to both developed and developing countries.

The international legal norms developed by developed countries are

considered never or cannot match reality and needs of developing countries. For

example, norms of international human rights law are sometimes seen as the

creation of developed countries that are not in harmony with eastern values and

culture.

Likewise, the international trade and financial legal system implemented

by the WTO, International Monetary Fund (IMF) and World Bank is considered
to be based on the neoliberal idea of capitalism which is inconsistent with, even

detrimental, the interests of developing countries.16 Even the Indonesian

Constitutional Court in several decisions states that the liberal-capitalist (global)

economic system is contradictory.

Behind all the problems is how the international legal system which is

applicable and binding at the international level (between nation states and other

international legal subjects) should be linked to the national legal system. In

general, we recognize two classical major theories that attempt to explain the

relationship and linkages between the national legal system (sovereign states) and

international law (the legal system applicable in the international community).

A. Dualism Theory

Dualism theory states that the two legal systems (national-international)

have no relationship with each other. It is said that the legal subject, substance,

and scope of action of each of these legal systems are different from one another.

That is why the two systems can be considered as an autonomous legal system

that can be analyzed separately from one another, without questioning how the

relationship and the relationship between the two are.

The problems of international law that are of concern to sovereign nation

states and the international community are far different from the problems of state

governments which independently have to regulate and organize the lives of

people who live and live in the territory of the state.

 Each system is a sphere (circle) that is not related to each other, because it

works at different levels. In other words, the international legal system only has

an external force, one another, because it is intertwined with the regulation and

arrangement of international relations. On the other hand, the national legal

system is more inward-regulating. The national legal system is based on the

principle of state sovereignty and is the embodiment of independence to regulate

the life of the nation state without interference from other countries (the right of

self-determination). This theory is widely adopted by countries that adhere to the

common law system, such as England, Malaysia, and Australia

B. Theory of Monism

The theory of monism states that the two legal systems are intertwined: in

the end the addresses of the two legal systems are the same: individuals, and their

goals are the same: to organize and regulate people's lives with the aim of creating

order and peace. In monism theory, the problem shifts to which legal system takes

priority in the event of a clash of norms between the two legal systems: whether a

sovereign state must prioritize obligations under international law or national law.

Those who tend to prioritize national sovereignty and national interest will of

course be based on the argument of state sovereignty, however it must be

maintained, national interests must take precedence and therefore the national

legal system must be prioritized.

6. Constitution
 In exercising the judicial power (judicative), Yang in Pertuang Agong

appointed the Association of High Court judges and the High Courts as well as the

State Lawyers on the advice of the Prime Minister, likewise Yang in Pertuang

Agong has the power to forgive all wrongdoings in the Kuala Lumpur and Labuan

Alliance Region as well as all penalties that imposed in the Sharia Court in

Melaka, Pulau Pinang, Sabah, Sarawak, and the Union Territory, in granting

forgiveness to Yang in Pertuang Agong unanimous by a Board of Pardons on the

exercise of the power of pardon.

Apart from the above powers, the Yang diPertuang Agong (he) also has

other powers such as the Yang diPertuang Agong as the Commander-in-Chief of

the Federal Armed Forces, and the Head of the Islamic Religion for the States of

Malacca, Penang, Federal Territory, Sabah, Sarawak and the Yang diPertuang

Agong himself. , it is also responsible for maintaining the special position of the

Malays and natives of Sabah and Sarawak and the legitimate kepnetingan other

races, he is empowered by the constitution to declare a state of emergency on the

advice of the Prime minister.

Malaysian Public Policy Case Study.

Problems between Indonesia and Malaysia in general can be divided into

two parts. First, is the problem of high politics and the second is low politics.

Problems related to the problem of quality politics between Indonesia and

Malaysia are often colored by problems related to the issue of borders. Indonesia

and Malaysia still have some problems related to border issues such as the
Ambalat area issue and the territorial boundary issue in Kalimantan. While the

problem of low politics is related to social problems such as problems related to

migrant workers, smuggling and cultural claims. Indonesia and Malaysia are

cognate nations. That is the slogan “it is pointless for the leaders in malaysia to

urge others to do good if they themselves do not practice what they preach”

that is often heard to describe the kinship between Indonesian and Malaysian

society.

People in both countries is often viewed under a clump of Melayu.Dari

side then becomes fair when people in both countries are similar in terms this

relationship that was originally intended to strengthen cooperation and good

relations, but lately it raises some society is primarily concerned with cultural

claims.

This problem does not rule out the possibility of being caused by the

negative perceptions that arise and also the lack of correct information about each

country. From this point of view, the term similar nation will be a valuable value

when the people in both countries can see the concept as a sense of kinship, not

just a negative perception that leads to misunderstanding.

The main activity of public diplomacy is to convey information there is a

community in building common understanding and reducing misunderstandings

about foreign policy. Public diplomacy in the context of the relationship between

Indonesia and Malaysia can be one of the factors that can play an important role,

especially in reducing negative perceptions between the two parties. In this

context, there is a need for synergy between the government and society, although

on the one hand, we cannot put aside political interests in it.

Following are some of the policies of the State of Malaysia regarding its

Relationship with Indonesia:

a. Educational and Cultural Pathways

The relationship between Indonesia and Malaysia in the context of

education has been established for a long time. The two countries have carried out

a lot of student and teacher exchanges. The number of Indonesian students

studying in Malaysia in 2008 reached 14,359 people.

b. Economy and Trade

Trade between Indonesia and Malaysia is also experiencing good

development. The total trade between Indonesia and Malaysia reached

15,354,841.1 (Thousand US $) in 2008, with the trade trend experiencing an

increase of 36.24% from 2004-2008. Meanwhile, total trade in 2009 was

12,500,255.0 (thousand US $) or 75, experiencing a decline of 18.59%.

c. Technology and Information

The growth of technology and information can support public diplomacy

activities. The internet can be an effective tool for disseminating information and

a positive image of a country. The government can also use social media to

disseminate information as well as encourage public support for the policies

taken.
 The public should be given wider and easier access to information so that

when a problem occurs, the public can judge from two sides and to avoid negative

perceptions that arise due to unbalanced reporting.

Conclusion

In general, the Malaysian legal system is influenced by the British

Common Law System legal tradition, while the Indonesian legal system adopts

more of the Dutch civil law system traditions besides the Islamic legal system and

the customary law system also influences the national laws of each country.

The comparative study of the Malaysian and Indonesian constitutional

legal systems is a constitutional law study using the normative legal research

method with a comparative law approach to examine the weaknesses and

strengths of the legal systems of the two countries, especially in the constitutional

system of the two countries including the judicial system, in order to obtain a a

description of the differences and similarities in the national legal systems of the

two countries.

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