CHAPTER TWO

CONCEPTS OF LOCAL GOVERNMENT

• Theory of federalism

• The establishment of a NNMB through Federal Agreement,

1895
• 1 February 1948, the Federation of Malaya was formed on
the basis of the principles of federalism in place of the
Malayan Union with the Central Government in Kuala
Lumpur.
• The Constitution of the Federation of Malaya, 1957 was
amended to allow the Sabah, Sarawak and Sarawak joined
Malaysia. Singapore separated from Malaysia year 1965.
• separation of powers between the Federal and State
Government.
• The doctrine of separation of powers between the three
main body
• INTERRELATIONSHIP OF GOVERNMENT

• The relationship between the Federal Government

with 13 State Governments, as well as the relationship
of the Federal Government with local government
under the administration of the State Government.
• (a) directly by the Federal Government through the
administration of the Federal Government and federal
government administrative branch at the State level.
• (b) the Federal Government through the State
Government. People obtain government services
through the State Government.
• (c) directly with the State Government made within the
jurisdiction of the State Government.
CONCEPT of LOCAL GOVERNMENT
• administration in the form of lower level, that is, the
district administration through the District Officer,
department, or certain government agencies.
(a) local government is responsible for the local affairs
(b) local government position is lower than the Federal
Government or the State Government.
(c) Autonomous of local government in the aspects of
administration and management,
(d) local governments have the power to prosecute or
prosecution, binding contracts or own property.
(e) provide services to members of the public who settled
in the area that has been set.
The difference of local government with other
public institutions
• (a) in terms of function, local government is
responsible for the handling services for local
residents.
• (b) LG has certain powers over the population
such as the authority to impose taxes, power lead
or stop population make something.
• (c) LG boundary is set accurately, formal and
informal, as well as the area is not too wide.
• (d) decentralization system, namely the
distribution of powers and functions to higher
government on in the law.
Basic concepts of LOCAL GOVERNMENT
• Decentralization (distribution of powers)
• all government activities is done through units
under it at the State level in the federal
system.
• The power of LG came from the (Federal and
State Government)-power & function.
activities outside the jurisdiction provided for
by law, be deemed to be ultra vires
• Decentralization can be divided to focus
(deconcentration) and empowerment
(devolution).
Transfer of Focus (Deconcentration)
• Central Government or State delegate powers to the officers in the
units of local government.
• (a) Functional Deconcentration – functions of the Federal
Government channeled to the Department and implemented by an
officer outside of Federal Government (field agent)
• federal ministries has branches across the country.
• (b) a Prefectoral Deconcentration – Officer attained the power of
the Central Government and holds the position that is higher than
all other officer
• o district administration by a district officer can be equated as the
Commission officer role political officers more emphasized in the
system and monitor the functions of the specialization takes
precedence in the system functional deconcentration.
• monitor more closely with residents and follow the developments
in the area.
Empowerment (Devolution)
• the powers assigned to the local government
units
• local government may also obtain as much
autonomy in handling day-to-day
administration.
• local representation in the administrative
structure that meets the needs of the local
population.
• local government coordination can contribute
in the distribution of public services and the
achievement of national goals.
• Not Sovereign (Infra-Sovereign)
• local government in Malaysia considered infra-
sovereign
• Constitution enacted the revenue
arrangement between States that agree to
submit their sovereignty to the Federal
Government
• LG created to facilitate and enhance the
administrative matters.
• can be established and dissolved at any time.