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Legal

Uploaded by

Adam
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE STATE

BAQS 12942 LEGAL STUDIES FOR QUANTITY SURVEYOR 1

MUHAMMAD AIMAN BIN NASRUDDIN 2310091

CONSTITUTION
RAJA NAILY QISTINA BINTI RAJA ISKANDAR SHAH 2310478
NURSAKINAH SOFYA BINTI DZURAIMY 2311532
NURIN HAYANI BINTI RUZI HAIZAD 2314280
ADAM SYAMIM BIN AZMI 2315277

STATE LEGISLATIVE POWERS AGRICULTURE AND


PUBLIC WORKS
FORESTRY
ISLAMIC LAW Regulations to ensure sustainability and
Government's engineering, building, and public
benefit projects.
State Legislative Assembly has authority to environmental protection. Includes purchasing, renting, upkeeping, and
enact and administer. State authority to manage and control selling of state-owned real estate.
Islamic Law or known as Sharia Enactments. utilization of land, water resources and Area control granted by state legislation.
Family Law includes marriage, divorce, child pesticide. State legislatures enact laws.
custody and inheritance. Land management: land allocation and zoning Main interests: public amenities, development,
Islamic Criminal Law includes hudud, qisas, regulations. infrastructure projects.
diyat and ta’zir. Development of forestry resources and National Council for Local Government
Administration of Islamic Institutions: Islamic revenue collection done by state authority. develops policies.
Councils (Majlis Agama Islam) to manage Provide financial assistance to farmers to
Islamic affairs within the state. encourage sustainable and controlled
resources.

PUBLIC HOLIDAYS LOCAL GOVERNMENT


LAND MATTERS
State government to declare state level public Local governance manages municipal
holidays. The National Land Code, 1965 governs land and services, obtaining permits and determining
Public holidays reflecting on local customs, forest rights in Malaysia. project locations.
traditions or historical events within the state. Each state authority has complete control Infrastructure projects require approvals
To coincide with religious observances and over its forest resources and state properties. from various governmental authorities,
celebrations by either major or minor of the The state government has jurisdiction over land including local, state, regional, and federal
communities. and forest issues, allowing it to create policies entities.
Purpose: to recognize regional identity and and implement relevant legislation.
cultural diversity and to honour the heritage. Crucial for ensuring land accessibility.
Example: Kaamatan Festival in Sabah.

STATE EXECUTIVE POWERS


Powers and Functions of State Rulers

Key Roles and Structure Historical Evolution


Sultan/Governor
Ceremonial head of state. The Sultan is hereditary, and the From limited powers under British rule to expanded
Governor is appointed. roles post-1957 independence.

Menteri Besar/Chief Minister


Appointed by the Sultan or Governor, usually from the Constitutional Amendments
majority party in the legislative assembly. 1969: Strengthened rulers' positions after racial riots.
1983 & 1993: Reduced rulers' immunity, established
State Executive Council (EXCO) special courts for legal matters involving rulers.
Advises the Menteri Besar or Chief Minister, consisting of 4-
10 legislative assembly members.
Constitutional Protection
Articles 71 & 181(1): Protect rulers' rights and
Federal Guarantee and Legislative Authority prevent federal interference.
Article 71- Ensures state constitutions are respected,
guarantees rulers' titles and privileges.
Discretionary Powers
Heads of Islam and Malay customs in their states.
Articles 73-79- Outline the distribution of legislative powers
between the Federation and states. Appointing heirs and regents.
Consenting to the dissolution of the legislative assembly.
Article 80- Addresses the distribution of executive powers
between federal and state levels. Conference of Rulers
Electing/removing the Yang di-Pertuan Agong.
Article 81- States must comply with federal laws and not Advising on critical appointments.
hinder federal functions. Influencing laws affecting state boundaries and privileges.

A local authority in Malaysia is the governing body in charge of overseeing local


LOCAL AUTHORITIES issues in certain regions; it is also known as pihak berkuasa tempatan, or PBT for
short. They have multiple roles and responsibilities:

TOWN PLANNING AND BUILDING CONTROL SANITATION AND PUBLIC HEALTH


Local government agencies supervise zoning regulations, town Local authorities are responsible for maintaining public health and
planning, building control, development application evaluation, sanitation, including garbage removal, environmental protection, and
construction licence issuance, and land use limitations.. the creation and maintenance of public spaces and facilities.

WASTE REMOVAL AND MANAGEMENT GENERAL MAINTENANCE OF URBAN STRUCTURE


They are responsible for managing and collecting waste within their Local authorities are responsible for maintaining and ensuring the
jurisdiction, ensuring proper recycling, waste reduction, and trash safety and functionality of public spaces, utilities, parks, and
disposal procedures. roadways.

ENVIRONMENTAL PROTECTION SOCIAL AND ECONOMIC DEVELOPMENT


Local governments play a crucial role in promoting the social and
Implementing laws and rules regarding land usage, green areas,
economic development of their communities through various
and natural resources helps preserve the environment..
initiatives such as infrastructure projects and community programs.

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