Lesson 2

• Sejarah dan Politik

1.3 Pembentukan Malaysia

1.4 Sistem dan struktur pentadbiran negara

1.5 Demokrasi berparlimen di Malaysia

Malaysian Studies 2

Formation of Malaysia

Review

• The formation of the new federation was planned to occur on 1 June 1963, but was later postponed to 31 August 1963, to coincide with the sixth Hari Merdeka.

• Several issues related to objections of neighbouring Indonesia and the Philippines to the formation of Malaysia delayed the declaration to 16 September of the same year.

• The formation of Malaysia was made possible with

the signing of the International Treaty the Malaysia

Agreement 1963 between the United Kingdom, the

Federation of Malaya (constituted by 11 states

created under the Federation of Malaya Agreement

1957 ; as one component); Sarawak, North Borneo

(renamed Sabah) and Singapore of the remaining

component States.

Review

• The Malaysia Agreement 1963 set out the

terms and conditions for the component

States to be federated under a new

constitution into one new nation called

Malaysia.

Review

Factors leading to the formation of Malaysia in 1963

1. Independence through unification

Only Malaya was an independent nation while

Singapore, Brunei, Sabah and Sarawak were still under

British control.

These territories were considered too small to be

independent entities. It was felt that a merger with

Malaya would bring early independence to these

territories.

The British were agreeable to a merger of these

territories and granting

independence as there were many similarities

between Malaya, Singapore, Sabah,

Sarawak and Brunei, in terms of the legal system,

economy, history, financial

structure and people.

Factors leading to the formation of Malaysia in 1963

2. Ethnic balance and unity

Alliance government in Malaya realized merger must not be

only with Singapore

because the ethnic balance will change with Malays losing the

majority.

The merger proposal was to also bring in Sabah, Sarawak and

Brunei to protect the

indigenous people, preserve the ethnic balance and maintain

their majority.

Factors leading to the formation of Malaysia in 1963

Union encompassing the states of Brunei, Sabah,

Sarawak & Singapore will ensure the preservation

of ethnic balance.

Maintaining a balance between bumiputras &

non-bumiputras (inhabitants of Malay descent and

native tribal groups) would ensure peace &

stability in the region.

Factors leading to the formation of Malaysia in 1963

3. Collective fight against communist.

Political uncertainty in Singapore with the Socialist

Front posing serious challenge to PAP’s dominance.

The governments of Malaya and Britain were not in

favour of the socialist forces winning in the elections

and taking over Singapore’s administration.

Factors leading to the formation of Malaysia in 1963

Rising communist threat in these territories.

Malaya was constantly exposed to communist threat even

though the communist terrorist was over.

Brunei & Singapore was also facing the spread of communism.

There was a great danger for Malaya and Singapore if the

communists in these places join forces.

Factors leading to the formation of Malaysia in 1963

• The British too, were concerned over the problem for the sake of their investment in South East Asia.

• The task of fighting communism would be greater for a country to handle it alone.

• By merging and granting independence to these territories, the communists could be easily defeated.

Factors leading to the formation of Malaysia in 1963

4. Economic cooperation

The British were confident their economic and social

interests in these territories would be protected with

the merger and independence of these territories.

Member states of Malaysia will be able to cooperate

in economic terms for the benefit of each other.

Factors leading to the formation of Malaysia in 1963

Each country had certain resources that could be developed:

Singapore’s international trade, industry and tourism,

Brunei’s oil products,

The forestry products of Sabah and Sarawak

Malaya’s mineral and agricultural products

Factors leading to the formation of Malaysia in 1963

Sharing of economic recourses for mutual benefit.

Through merger, these member states will have better

economic and trade cooperation which was expected to

benefit all.

In particular, it was expected to bring progress to the

economically less developed Sabah and Sarawak.

Factors leading to the formation of Malaysia in 1963

5. United in international relations.

Kuala Lumpur wanted to reinforce the pact among

regional countries to make them strong internally and

also in the international arena.

If the countries within the plan were to unite under one

government and political system, their position as one

new nation would be stronger in international arena.

Factors leading to the formation of Malaysia in 1963

Other events before the formation of Malaysiaa) Internal opposition: - Though there was general agreement for the merger,

some groups within these territories were against the move.

b) External opposition: - Indonesia and Philippines were against the merger.

c) Cobbold Commission was formed to investigate the views of the people in Sabah and Sarawak towards the merger. Commission reported that 80 per cent of residents in the two states were in favour of the merger.

d) A referendum was held in Singapore with 71 per cent of the residentsfavouring a merger.

e) Inter-government committee (Landsdowne Committee) was formed to prepare the basic framework of a new Malaysian Constitution.

f) Malaysia agreement signed in July 1963.

A

1. Singapore would retain autonomy in educational and labour issues.2. Singapore would also get to keep its language policies with English, Malay, Chinese

and Tamil as official languages.3. Singapore would have a reduced representation in theParliament of Malaysia,

being allocated fifteen seats in theDewan Rakyat in the first post-merger Parliament.

4. All Singapore citizens would automatically become citizens of Malaysia.[2]

B

1. Singapore would enter on terms no less favourable than the former Strait Settlements of Penang (and Malacca). This would put Singapore on an equal footing as the otherMalayan states as set out in the Federation of Malaya Agreement 1948,[7] with no more autonomy than the other Malayan states.

2. English and Malay would be the official languages.[2]

3. Only those born in Singapore or descended from the Singapore-born would automatically become citizens of Malaysia.

4. There would also be proportional representation in Parliament from Singapore.

C

1. Singapore would enter on terms no less favourable than the Borneo territories, North Borneo and Sarawak.[2]

2. Only those born in Singapore or descended from the Singapore-born would automatically become citizens of Malaysia.

Cobbold Commision • The Cobbold Commission, was a Commission of

Enquiry set up to determine whether the people of North Borneo (now Sabah) and Sarawak supported the proposal to create the Federation of Malaysia consisting of Malaya, Brunei, Singapore, North Borneo, and Sarawak.

• It was also responsible for the subsequent drafting of the Constitution of Malaysia prior to the formation of Malaysia on 16 September 1963.

Members of the commission

The Commission was headed by former Bank of England governor, Lord Cobbold.

Members of the Commission were:

1. Lord Cobbold, former Governor of the Bank of England, chairman of

the Commission

2. Wong Pow Nee, Chief Minister of Penang,

3. Ghazali Shafie, Permanent Secretary to the Ministry of Foreign Affairs

4. Anthony Abell, former Governor of Sarawak

5. David Watherston, former Chief Secretary Of Malaya.

The report

• The Commission released its findings, report and recommendations on 1 August 1962. It concluded that the formation of Malaysia should be implemented. However, Lord Cobbold also stressed that all parties enter the federation as equal partners.Findings

1. 1/3 from both states supported the formation of Malaysia without any terms.

2. 1/3 also supported but with terms and warranty. 3. 1/3 want independence first before joining the federation 4. 20% rejected the federation because they wanted to stay

under the British administration.

Territorial disputes

• When the Federation of Malaysia was officially inaugurated on 16th September 1963, Indonesia and Philippines severed diplomatic ties with Malaysia;

• Indonesia intensified its attacks along the borders of Sarawak and British North Borneo (now renamed Sabah) and Indonesian troops made landings in Peninsular Malaysia to carry out acts of sabotage.

• But they were quickly foiled by the security forces.

Cont…

• In 1966, Sukarno was ousted from power and the new Indonesian regime wanted to end confrontation – negotiations settled the conflict.

• Philippines also dropped its claim on Sabah and recognized Malaysia.

• Meanwhile, political differences had surfaced between Malaysia and Singapore.

• On 9th August 1965, Singapore left the Federation and became an independent state.

Malaysia’s people

• When Malaysia was formed, its population stood at 10.4 million –

• Malays forming 47 percent;

• Chinese 34 percent;

• Indians, 9 percent;

• Dayaks, 4 percent;

• Kadazans, 2 percent;

• other indigenous groups, 3 percent; and

• Foreign immigrants, 2 percent.

Cont…

• Turning this medley of peoples into one nation was not an easy feat.

• Under colonial rule, economic roles tended to be identified with specific ethnic groups.

• In particular, the Chinese resented the Malays’ greater political power, while the Malays feared the greater economic strength of the Chinese.

Cont…

• The simmering racial tension erupted on 13 May 1969 in the wake of the general elections.

• Communal riots broke out, mainly in the capital, Kuala Lumpur, killing hundreds of people and destroying a considerable amount of property.

• As a result, the constitution was suspended and a Department of National Unity was set up to formulate a national ideology and social programmes.

• Finally, a statement of ideological principles, the Rukunegara, was produced to guide the national polity.

13 May 1969 incident

• The 13 May 1969 incident is the Sino-Malay sectarian violence in Kuala Lumpur (then part of the state of Selangor),Malaysia. Official report put the number of deaths due to the riots at 196

• Most of the victims Chinese

• The racial riots led to a declaration of a state of national emergency or Darurat by the Yang di-Pertuan Agong resulting in the suspension of the Parliament by the Malaysian government

Discussion – Curfew in Malaysia

• National Operations Council (NOC), also known as the Majlis Gerakan Negara, was established as a caretaker government to temporarily govern the country between 1969 and 1971.

• Curfew was announced.

Discussion - Racial Riot

What causes the racial riot

Effects of the racial riot

What is the lesson learnt from the national riot

Racial riot

Introduction • The 13th May incident was eventually not an incident

which happened / planned in sudden or due to spontaneous reasons but it was a trait out of incidents which happened previously.

• The Japanese occupation has been one of the causes of the racial riot.

• The impact of British colonization has also been the cause of the incident. Their discriminatory practices has loosen the relationship among the ethnics.

• 13th May phenomenon has caused negative effects economically especially to the Malays.

What causes the racial riot on 13th May 1969

13 May phenomenon was the worst racial riot in our nation’s history which occurred between the Malays and Chinese.

1. Biased treatment during Japanese occupation

During the Japanese occupation, people in Malaya were treated in different variations. The Chinese were the less lucky to be treated badly among the other races. This is due to the fact that Japanese had a war with China earlier and the sense of revenge and hatred were too high among them. This bias treatment had caused a enmity between the Chinese and Malays.

2. “Divide and Rule” policy of the British • British rulers had been performing this ruling

system to avoid the multi races in Malaya to interact with each other.

• The Chinese were working as businessmen and miners in the urban areas(cities). They also have the most valuable assets among the Malaysian people.

• The Indian were working as laborers in estates. • Whereas, the Malays were staying in the

villages and worked as famers and fishermen.

What causes the racial riot on 13th May 1969

Cont…

• The varied economic activity has caused imbalance socio-economy.

• There were no interactions among the people in Malaysia as they only meet each other in the government offices or at the market.

• This uneven relationship among the ethnics remained even after the independence.

• Lack of love and bonding between the people has been one of the reason which caused the 13th May incident.

3. Difference in education background • During the early days, the education system was not

systemized. There were different syllabuses in the schools.

• The Malays learnt to write, read and count up to their primary need only.

• The Chinese and Indian followed the syllabus in their native country. They had their teachers coming from China and India respectively. Additionally, only the Chinese and Indians who lived in the urban areas were able to enroll in the English medium schools.

• This had created a huge education difference level among the Malays and the other races.

What causes the racial riot on 13th May 1969

Cont…

• Absence of National education system results in lack of uniformity in terms of language, identity and understanding among the citizens.

• This had eventually been the major reason for the difficulty in forming unity among the races even though government has come up with new educational policies upon independence.

• Education Ordinance ( Ordinan Pelajaran ) was established in 1957. Malay language was recognized as the instructional language in the primary school.

• The non-Malays were not happy with it because the language used is malay .

• Whereas, Malay Peninsula Teachers Union ( Kesatuan Guru-Guru Melayu Semenanjung (KPGMS) were dissatisfied with the government because secondary schools and universities were not using malay language as the instructional language.

• The first university which uses Bahasa Melayu as instructional language was established on 18th May 1970. It was named Universiti Kebangsaan.

• Later, the Chinese appealed to the government to establish a university, ‘Universiti Merdeka’ for them.

• Since the election in year 1969 was nearing, MCA has indicated that government wouldn’t get the support from Chinese people if the university was not established.

• Therefore, government has permitted to build a university for them in order to sustain the believe of Chinese people on the government.

Cont…

Cont…

• MCA has then established Kolej Tunku Abdul Rahman ( KTAR ).

• In this case, there were dissatisfication among the malays because establishment of KTAR is against the National Education Policy.

• The intermediate language used in KTAR was English.

• Government had to tolerate as much they possibly can to sustain the harmony among multi racial community in Malaysia.

4. Political parties disputeDuring the 1964, general election, Parti Perikatan

Rakyat ( PAP), have tried to poison the citizens by protesting about UMNO and the special privilege given to Malays.

The Malay community was offended by this because the special privileges to Malays have been agreed by everyone prior to formation of Malaysia.

The government did not succeed in getting much votes on the election which means the citizens have believed the protesting party and begin to against the government and the Malay rights.

What causes the racial riot on 13th May 1969

Cont…

• In Selangor and Perak, the government has won the election but has low majority of their people.

• The Chinese has then assumed that government would be lost and they held a parade in Kuala Lumpur.

• Their words and slogans during the parade made the Malays angry. In the evening of 13th May 1969, the Malays had gathered at Chief Minister of Selangor, Dato Harun Idris’s house to have a parade themselves to against the opposite team.

• This was when, the Malays and Chinese had fought and killed each other in Selangor, especially in Kuala Lumpur.

5. Economical issuesDifferent economy statuses is one of the major

cause of the racial riot. The imbalance in wealth between the races has

caused jealousy and dissatisfaction. The Malays were dissatisfied on the luxury assets

and success of the Chinese. On the other hand, the Chinese and Indian were

dissatisfied with the privilege given to the Malays in the administration services.

What causes the racial riot on 13th May 1969

Administrative system and structure of Malaysia

The main components of Malaysian Government System

The formation of the Malaysian government

system

The main components of the Malaysian Government System

The Executive Body

The Royal Council

The Legislative Body

The Judiciary Body

THE FORMATION OF THE MALAY GOVERNMENT SYSTEM

• Malaya instituted a new administrative structure, known as Power Segregation System upon gaining independence.

• This style of administrative was proposed by Montesqiu. He suggested the ruling pattern in a country to be segregated to avoid power domination by certain party.

• In the Malaysian context today, this segregation theory can be seen in three main forms of the ruling powers.

Power Segregation System

Three Main Branches of Government

Executive Body ( Administration ) Carries out matters involving the

administration of the country.

Legislative Body ( Law ) Formulates the drafting of laws

Judiciary Body ( Judgement ) Executes and dispenses justice

The main components of the Malaysian Government System

The Royal Council

The Executive Body

The Legislative Body

The Judiciary Body

THE ROYAL COUNCIL – MAJLIS RAJA-RAJA

• The Royal Council is the official body with the most superior position. It is made up of nine Sultans and four state governors.

• Among the responsibilities carried out by the Council are :

o Selecting the High Majesty ( Yang di-Pertuan Agong ) and his deputy.

o Approving or disapproving the customs of Islam for the whole of the Malay Federation, except Sabah and Sarawak.

o Agreeing or disagreeing to any law or offering advice on the appointment of any position which requires the approval of the Royal Council.

o Giving their opinion on country policy and matters related to the development of the country.

The main components of the Malaysian Government System

The Royal Majesty

Legislative Body

Parliament

Administrative Body

Senate

House of Representative

Commission

Judiciary Body

Ministry

The Cabinet

The Prime Minister

Supreme Court

Chief Court

High Court

Lower Court

HIS MAJESTY, THE YANG DI-PERTUAN AGONG

• His Majesty, The Yang di-Pertuan Agong (YDPA), acts as the Head of Country and the head to three branches of the government.

• Among the duties of the YDPA include : advisory duties discretionary duties being the highest ruler of the military approving the draft of the laws declaring an emergency when needed giving amnesty

DULI YANG MAHA MULIA SERI PADUKA BAGINDA YANG DIPERTUAN AGONG SULTAN ABDUL HALIM MUADZAM SYAH IBNI ALMARHUM SULTAN BADLISAH

THE EXECUTIVE BODY ( ADMINISTRATION )

The executive Power at the Federation Level

The Board of Ministers / Cabinet

The Prime Minister

Minister

The Deputy Minister

The Cabinet Ministers

• The main duty of the cabinet is formulating and executing the country’s highest policy.

• The body is led by the Prime Minister and his other ministers.

• The Prime Minister is appointed by His Majesty, the Yang di-Pertuan Agong.

• The other ministers are appointed by the YDPA after being advised by the Prime Minister.

The Executive Power at the State Level

King/Sultan/State Governor

The State Government Meeting Council

The State Legislative Assembly

The state level administration • All administrative matters are confined within the State

Constitution.

• The issues which fall under state rule include Religion Agriculture Education Forestry Land administration Water Any other others which are pivotal for the

development of the state.

THE LEGISLATURE/ LEGISLATIVE BODY

The Royal Majesty ( YDPA )

The Royal Council

Parliament

The Legislative Body at the Federation Level

The structure of the Malaysian Parliament

Parliament

Senate House of Representatives

Parliament • Consist of the YDPA, the Senate and the House of Representatives.

The Senate• Consist of 69 members or senators.• A senator’s position lasts for three years and he cannot hold this

position for more than two terms.• A senator must also be 30 years of age and above.

The House of Representatives• Consist of 195 members ( 182 from the states in Malaysia, 10

from KL Federation Territory and 3 from Labuan Federation Territory.

• Must be of 21 years of age and above.

The function and powers of the Parliament.

• To make, alter/abolish the law ( legislative power )

• To impose new taxes, additional ones or abolish

any taxes.

• To approve the nation’s budget for a specific year.

The process of enacting the law in the parliament.

• The parliament has the power to make the laws in the way that the Senate and the House of Representatives approve a draft of the laws as well as by the YDPA.

• Every draft of the bill must be approved by a Parliamentary council through four stages before it is approved, which are :a) The First Readingb) The Second Reading c) Discussion at the Committee Leveld) The Third Reading

The Stages for the Drafting of Any Law

The Third ReadingThe draft of law will be brought to the House of Representatives to be approved, if necessary

The Committee level

The draft of law will be amended, if necessary

The Second Reading

The draft of law will be debated as to its impact and its use to the people and country

The First Reading

The draft of law raised by a minister in brief

The legislative power at the State Level

King/Sultan/State Governor/ State Legislative Assembly

The State Legislative Body

The Membership of the State Legislative Body

1. The main function of the King/Sultan/State Governor is to :-

i. call upon the State Legislative Assembly to have a meeting, to stop and dismiss it.

ii. Acts to give approval to the state laws that have been approved by the State Legislative Assembly.

THE JUDICIARY BODY

• To execute the judicial duties in this country, a court system in needed.

The System and Pattern of Justice in Malaysia

Court

Federal Court State Court

1. The court in Malaysia is based on the federation system.

2. Supreme Court, High Court, Section Court, Appellate Court, Magistrate Court, Military Court, Labour Court, and Mineral Inspection Court are all federations ( comes under Federation government and not the State government. )

3. The Malaysian courts are divided into two:a) The Federation Court, consisting of Superior Court,

Lower Court and Special Court.b) The State Court, consisting of the Shari’a and the

Custom Courts.

Classification of courts in Malaysia

The Federation Court

1. Superior Court • Supreme Court

• Appellate Court

• High Court of Malaya and Borneo

2. Lower Court • Section Court

• Juvenile Court

• Magistrate Court Class I and Class II

• Minor Demand Court

• Chieftain Court

3. Special Court • Military Court

• Industrial Court

• Labour Court

• Special Royal Court

• State Court

State Court 1. Shari’a Court • Shari’a Appellate Court

• Shari’a High Court

2. Custom Court

( Sabah and Sarawak )

• District Custom Court

• Officer / Custom Head Court

• Chieftain Court

Parliamentary Democracy in

Malaysia

PARLIAMENTARY DEMOCRACY• Malaysia practices a system of parliamentary

democracy under a constitutional monarchy with the administration of His Majesty the Yang Di-Pertuan Agong as the Head of State.

• One of the conditions of parliamentary democracy is the division of power into three parts in the government, the Legislative, Judicial and Administrative or Executive.

• Malaysia is a country that practices democracy system based on

the federal system.

• Accordingly, it means that all the 13 states have agreed with the

concept of the formation of Malaysia.

• Each states involved has to give up some power each, such as

finance, defense, education, abroad and others as has been stated

in the Constitution of Malaysia, which is administered by the

Central Government.

PARLIAMENTARY DEMOCRACY

CONSTITUTIONAL MONARCHY

• Rulers in the nine states and the Council of Rulers.

• He is authorized to maintain the customs of the Malays and the Islamic Religious Administration in their respective states.

• His Majesty, the Yang Di-Pertuan Agong is the head of Islam in the states of Penang, Sabah, Sarawak and the Federal Territories.

Parliamentary Democracy in Malaysia

Parliament is a premier institution in a country that

practices the principles of democracy.

Federation of Malaya Parliament consists of the

Senate and House of Representatives for the first

time officially opened on 11 September 1959.

Characteristics of Parliamentary Democracy

1. Constitution

The supreme law of the foundation for the development of a

country.

Official constitution and it contains all the rules and principles

to guide the government to exercise its powers and govern

the country.2. Constitutional Monarchy

Monarchy means the system by the establishment of a

monarchy in Malaysia's constitution. YDPA act based on the

Constitution of Malaysia.

3. Parliament

• Parliament is the legislature of the federal government• It makes laws that can be enforced throughout the country. • Parliament passes federal laws, • Makes amendments to the federal law that there is, • Check the government's policies, • Approving government spending and,• Approve the results of the new tax.

Characteristics of Parliamentary Democracy

4. Election

The election is the process of choosing representatives for

pushing rule either on the state or federal. The selection is done

anonymously using transparent procedures and proper.

5. Powers of Government

Malaysia is a country that practices parliamentary democracy, the

concept of separation of powers. Administrative power is divided

into three parts ; legislature, executive and judiciary bodies.

Characteristics of Parliamentary Democracy

6. Party political party

Political parties refers to a group of people who have a political

ideology to address together. Political parties are fighting for

power.

7. Freedom Foundation

Divided into two parts, namely absolute freedom and

conditional freedom. Absolute freedom has no limitations

whereas, conditional freedom is based on certain rules.

Characteristics of Parliamentary Democracy