Separation of power (Malaysia)

Malaysia is among dozens of countries are adopting the concept of the emergence of feudalism in his capacity as a federal state. Since our country, Malaysia gained independence in 1957, the concept of federalism that underlies the idea of merging states in Peninsular Malaysia, Sarawak and Sabah have sparked idealism existence of central government and state governments. The birth of the uniqueness of Malaysia is a federal state. 'Federation', means an association which has a central government and several state governments.

This means that the Federation has adopted the concept of federalism, which is related to conflict resolution in the country. Moreover, according to Abdul Manaf Azmah in 1994, a federal country like Malaysia has the right and authority delegated to local governments (state), while the other half is distributed to federal institutions. Moreover, according to K. Ramanathan in 1998, he defines the concept of federalism, which culminated in the doctrine of separation of power in Malaysia as; "A form of government which there is a central government representing other provinces.

It acts to represent the provinces in foreign affairs. But, states or other territories have the same degrees and free. With the advent of political power, it allows all these regions share in decision-making. “ He further stated in his book Basic Concepts of Politics, he also outlined some features of political federalism (federal) should be owned by a federal country like Malaysia. i. There is a separation of powers between the central government and other provinces. ii. The separation between the central government and state governments in terms of political institutions as the legislative, the judiciary, and executive.

iii. Has the constitutional (legal) mutually agreed in writing. iv. Have a clear constitution. v. Has an independent judiciary to ensure justice. Obviously, the features mentioned above has demonstrates a power-sharing ideal in a federal state, such as Malaysia. Without such features as found above, the existence of a country that uses the concept of federalism may be questionable. In line with Malaysia as a sovereign and independent as well, of course it has the characteristics of strong political and accurate.

This is because Malaysia has a clear political boundaries, population, system of government has made this country a unique federal state. Democratic parliamentary system of government has established a strong federal constitution. This situation had resulted in shaping Malaysia as a leading and reputable democracy in the world now. In addition, it presents the doctrine of separation of powers as a platform to address the extreme centralization of power in the hands: some party or leader, to create a Malaysia, as a country that is famous and successful.

In the context of Malaysia as a democratic country, the practice of the doctrine of separation of power is very important and useful for governing the country on the right track and be successful. The concept of the separation of powers doctrine is an idea that has been introduced by the western thinkers, namely John Locke and developed by Montenquieu, a prominent French philosopher in the 18th century. Both of these scholars have put forward the division of powers into three independent bodies of the legislative, the judiciary and executives.

All three of these bodies in Malaysia, has been conducting their jurisdiction, and no exercise of the powers of other bodies. The main purpose of the concept of separation of powers is to prevent the concentration of power in the hands of the parties where the parties involved are likely to be affected by the abuse of power. In practice, power is defined as the ability to influence the behavior of others by instinct or the will of a person. Power can also be defined as a person's ability to force people, or forcing other countries to do something through persuasion, gift, promise or coercion even if they refuse to do so.

In the discipline of politics, power is a tool to achieve a goal or a requirement, solve a problem or to get support from people or other countries, or to implement a policy, or to achieve the interests of the country. From another point of view, the power that overlaps would aggravate the situation, and will have an impact on the administration of a country. Thus, the doctrine of separation of powers in the context of legislation, administration and judiciary should be taken seriously and important to avoid centralization of power taking place in a country.

The doctrine of separation of powers doctrine in Malaysia is not like the original because it emphasizes the relative power or dependency between the three bodies. This situation provides the space and opportunity to these bodies to move freely, as well as having its own role. In a parliamentary democracy in Malaysia, the federal constitution has delegated authority to the three bodies which are involved in the governance of the country which are the legislative, the governing body ( executive ) and the judiciary.

The most important idea of the separation of powers is the same person should not be responsible for making the law, enforce and punish those who violate it. This means that the doctrine involves a clear division of powers between the government bodies of legislative, executive and judicial, with no overlap between them. Yang di- Pertuan Agong is the Head of State authorities in all three of these bodies. This doctrine is also clear that the body that makes the laws are only allowed to make laws and cannot deliver power to other bodies and cannot have other powers.

The ruling body is only allowed to rule the country and cannot make the laws and judicial powers. Similarly, the judiciary is allowed to implement the judicial power and cannot legislate or exercise the powers of government. The goal of the doctrine of separation of powers is to prevent the concentration of power in the hands of any party. The structure of government in Malaysia consists of three bodies in the administration of the legislature, administration and judiciary bodies.

Supreme authority on all three bodies was located on the Yang di-Pertuan Agong as Head of State. This means that the Yang di-Pertuan Agong is at once the leader of the three branches of government. According to the Constitution of Malaysia, he not only holds executive power but also legislative powers. Article 39 of the Federal Constitution is about the ruling power of the federation and Article 44 of the Federal Constitution is about the legislative power of the federation.

In terms of legislation, Chapter 4, Article 44 of the Federal Constitution put federal legislative power rests with the Parliament, which consists of the Yang di-Pertuan Agong and two Council called the Senate (Dewan Negara) and the House of Representatives ( Dewan Rakyat ). In this case, the function of the two chambers and the Yang di-Pertuan Agong is different, is an interesting feature because there is separation of powers and control of passing a law in accordance with Article 49 and Article 66 of the Constitution of Malaysia.

Administrative law at the federal level are usually placed on the shoulders of the prime minister, cabinet members and members of parliament involved in the drafting process of the law. Meanwhile at the state government level, it rest on the shoulders of the state executive council and the state legislative chamber. This is another example of the doctrine of separation of powers in the legal aspects of Malaysia.

In Chapter 3 of the Constitution, Article 39 is citing 'administrative power (executive) of the federation is located on the Yang di-Pertuan Agong and subject to the provisions of any federal law and the provisions of the Second Schedule, and the power may be exercised by him or by any minister authorized by the cabinet, but Parliament may by law provide government tasks to other people. In this case, the executive power is now exercised by appointed ministers, or cabinet ministers. But every time they exercise the power, they exercise in the name of 'His Majesty the Yang di-Pertuan Agong’.

At the federal level, the highest authority of the three bodies lie on the Yang di-Pertuan Agong and at the state level, the Sultan (King) or the Yang di-Pertuan Negeri as the owner of a top executive. For the judiciary, the doctrine of separation of powers laid judiciary free from interference. The judiciary independence is about the position and income is guaranteed by the constitution, although in principle the Supreme Court judges are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister after consultation with the Council of Malay Rulers.

This guarantee is provided for in Article 125 and Article 127. In terms of the Constitution, the doctrine of separation of powers of the judiciary is demanding that the Attorney General has the freedom of the judiciary and legal matters. In this case the power was given by the Parliament of Malaysia. For the administration of justice at the federal level, the council of ministers or ministers should consult the Attorney General in matters of state law. To perform this role, the judiciary is composed of the body of the superior court, low, and special tribunals and other judicial body.

The doctrine of separation of powers in Malaysia has the strength and value added (add values) of its own, particularly relating to the division of powers between the Federal and State Governments. There's no doubt that this system has its benefits. In the system of the Federal Government, there is a clear division of powers. For example, the Federal Government has power to make laws through Parliament and the State Government was empowered to make laws through the State Assembly respectively. The separation of powers in Malaysia is the Federal List, State List and the Concurrent List.

I mean, the Federal Government is responsible for the matters in the Federal List, the State Government is responsible for the matter in the State List, and both the Federal and State Governments are responsible for the matters in the Concurrent List. This is to avoid duplication and centralization of power in both the government said. In addition, the concept of organization and structure in Malaysia is to benefit the country. This unit is said to be a social body to develop and achieve mutually agreed upon by the division of tasks that have been set.

The main purpose of this government organization to; i. Achieve the government's objectives; ii. Dividing the duties of the government to ensure efficient and effective; iii. reduce redundancies in administrative coordination, and iv. Prevent the abuse of power and ease of control by setting the executive powers and responsibilities of administrative units. The Malaysian government structure which also includes the bureaucratic nature of the functions, power, coordination, communication and control responsibilities.

By virtue of this bureaucratic nature of the doctrine of separation of power, the division of labor and specialization were also discussed. There is also a hierarchy, which is a layer of multi-tiered, regulations, formal procedures, maintenance of files and records, and the appointment of civil servants to dominate the service is good and effective. Thus, the doctrine of separation of power in Malaysia today is absolutely appropriate and good to avoid duplication and centralizing power at some party or leader.

This situation making the Malaysian Government system among the best in the world and can be example for many countries. In conclusion, it can be said that the doctrine of separation of powers is reasonable and appropriate administrative system practiced in Malaysia today. As a parliamentary democracy state, the concept of separation of powers separation of powers was divided into three components which are legislative, administrative and judicial in order to avoid the concentration of power in the hands of some party or leader.

The relativity and dependence, and flexible customization for all three of these elements in the administration of the country are also seen as extraordinary power in the country's political. The independent dependency features had an impact on the power of legitimate in terms of the law. Therefore, I reiterate my view that the doctrine of separation of power in Malaysia should continue to create Malaysia as a nation of excellence, glory and distinction in the present and forever.

Sarah from Law Aspect

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