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The states and federal territories of Malaysia are the principal administrative divisions of Malaysia. Malaysia is a federation of 13 states (Negeri) and 3 federal territories (Wilayah Persekutuan).
11 states and 2 federal territories are located on the Malay Peninsula, collectively called Peninsular Malaysia (Semenanjung Malaysia) or West Malaysia. 2 states are on the island of Borneo, and the remaining one federal territory consists of islands offshore of Borneo; they are collectively referred to as East Malaysia or Malaysian Borneo. Out of the 13 states in Malaysia, 9 are monarchies.
In conjunction with the celebration of Malaysia Day in 2018 under the new Pakatan Harapan (PH) government, Prime Minister Mahathir Mohamad has promised to restore Sabah and Sarawak status in the Malaysian federation in accordance with the Malaysia Agreement, changing “their status from merely a state to an equal partner of the Malayan states”. Although the status of both entities were clearly defined in Article I, Malaysia Agreement 1963 as ‘states’ which shall be federated with the existing states of the Federation of Malaya. However, through the process of the amendment, the bill failed to pass following the failure to reach two-thirds majority support (148 votes) in the Parliament with only 138 agreed with the move while 59 abstained from the voting.
Nevertheless, the Malaysian federal government agreed to review the 1963 agreement to remedy breaches of the treaty with the “Special Cabinet Committee To Review the Malaysia Agreement” and directed a Special Task Force Team (Taskforce MA63) to prepare a final report on the 1963 agreement before 31 August 2019.
The governance of the states is divided between the federal government and the state governments, while the federal territories are directly administered by the federal government. The specific responsibilities of the federal and the state governments are listed in the Ninth Schedule of the Constitution of Malaysia. Theoretically, any matter not set out in the Ninth Schedule can be legislated on by the individual states. However, legal scholars generally view this as a “pauper’s bequest” because of the large scope of the matters listed in the Ninth Schedule. The courts themselves have generally favoured a broad interpretation of the language of the Ninth Schedule, thus limiting the number of possible subjects not covered. The Ninth Schedule specifically lists the following matters as those that can only be legislated on by the states: land tenure, the Islamic religion, and local government.
Nine of the peninsular states, based on historical Malay kingdoms, are known as the Malay states. Each Malay state has a hereditary ruler as titular head of state and an executive Chief Minister or Menteri Besar as politically responsible head of government. The rulers of Johor, Kedah, Kelantan, Pahang, Perak, Selangor and Terengganu are styled Sultans. Negeri Sembilan’s elective ruler holds the title of Yamtuan Besar, whereas the ruler of Perlis is titled Raja. The federal head of state, the Yang di-Pertuan Agong (commonly referred to as “King” in English) is elected (de facto rotated) among the nine rulers to serve a 5-year term. Former British settlements and crown colonies of Penang and Malacca (both peninsular), and Sabah and Sarawak (both on Borneo) each have a titular Governor (styled Yang di-Pertua Negeri) appointed by the Yang di-Pertuan Agong and an executive Chief Minister or Ketua Menteri.
Sabah and Sarawak have additional powers over their immigration controls as part of the 20-point agreement and 18-point agreement drawn up by respective states when they, together with the Federation of Malaya and Singapore, formed Malaysia. They have separate immigration policies and controls and a unique residency status. Passports are required even for Peninsular Malaysians for travelling between either state and Peninsular Malaysia, or between the two states, however those who are on social/business visits up to three months are allowed to produce a MyKad or birth certificate and obtain a special printout form in lieu of a passport.
Each state has a unicameral legislature called Dewan Undangan Negeri (DUN, State Assembly). Members of DUN are elected from single-member constituencies drawn based on population. The state leader of the majority party in DUN is usually appointed Chief Minister by the Ruler or Governor. The term of DUN members is five years unless the assembly is dissolved earlier by the Ruler or Governor on the advice of the Chief Minister. Usually, DUN of the states in Peninsular Malaysia are dissolved in conjunction with the dissolution of the federal parliament, to have state elections running concurrently with the parliamentary election. However, Rulers and Governors hold discretionary powers in withholding consent to dissolve the DUN. Each state sends two senators elected by the DUN to the Dewan Negara (Senate), the upper house of the federal parliament.
The Parliament of Malaysia is permitted to legislate on issues of land, Islamic religion and local government to provide for a uniform law between different states, or on the request of the state assembly concerned. The law in question must also be passed by the state assembly as well, except in the case of certain land law-related subjects. Non-Islamic issues that fall under the purview of the state may also be legislated on at the federal level for the purpose of conforming with Malaysian treaty obligations. Each state is further divided into districts, which are then divided into mukim. In Sabah and Sarawak districts are grouped into “Divisions”.
The 3 federal territories were formed for different purposes: Kuala Lumpur is the national capital, Putrajaya is the administrative centre of the federal government, and Labuan serves as an offshore financial centre. Kuala Lumpur and Putrajaya were carved out of Selangor, while Labuan was ceded by Sabah. The territories fall under the purview of the Ministry of the Federal Territories, and the Parliament of Malaysia legislates on all matters concerning the territories. Each federal territory elects representatives from single-member constituencies drawn based on population to the Dewan Rakyat (House of Representatives) of the Parliament. The Yang di-Pertuan Agong appoints senators to represent the territories in the Dewan Negara; Kuala Lumpur has two senators, while Putrajaya and Labuan each has one.
The local governments for the territories varies: Kuala Lumpur is administered by the Kuala Lumpur City Hall (Dewan Bandaraya Kuala Lumpur), headed by an appointed mayor (Datuk Bandar), while Putrajaya is administered by the Putrajaya Corporation (Perbadanan Putrajaya) and Labuan by the Labuan Corporation (Perbadanan Labuan); each corporation is headed by a chairman.
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Peninsular Malaysia (Malay: Semenanjung Malaysia), also known as Malaya or Western Malaysia, is the part of Malaysia which occupies the southern half of the Malay Peninsula and the surrounding islands. Its area totals 132,265 km2 (51,068 sq mi), which is nearly 40% of the total area of the country; the other 60% is East Malaysia. For comparison, it is slightly larger than England (130,395 km²). It shares a land border with Thailand to the north.
Across the Strait of Malacca to the west lies the island of Sumatra (Indonesia) and across the South China Sea to the east lie the Natuna Islands of Indonesia. At the southern tip across the Strait of Johor lies the island country of Singapore. Peninsular Malaysia accounts for the majority (roughly 81.3%) of Malaysia’s population and economy; as of 2017, its population is roughly 26 million (92% of total population).
East Malaysia (Malaysia Timur), also known as Sabah, Sarawak and Labuan (Sabah, Sarawak dan Labuan) or Malaysian Borneo, is the part of Malaysia on and near the island of Borneo, the world’s third largest island. It consists of the Malaysian states of Sabah and Sarawak, and the Federal Territory of Labuan. Labuan is an island in a small archipelago of the coast of Sabah. East Malaysia lies to the east of Peninsular Malaysia (also known as West Malaysia), the part of the country on the Malay Peninsula. The two are separated by the South China Sea.
East Malaysia is less populated and has less developed settlements than West Malaysia. While West Malaysia contains the country’s major cities (Kuala Lumpur, Johor Bahru and Georgetown), East Malaysia is larger and much more abundant in natural resources, particularly oil and gas reserves. In the pan-regional style, city status is reserved for only a few settlements, including Kuching, Kota Kinabalu, and Miri. Various other significant settlements are classified as towns, including many with over 100,000 residents. East Malaysia includes a significant portion of the biodiverse Borneo lowland rain forests and Borneo montane rain forests.
Some parts of present-day East Malaysia, especially the coastal regions, were once part of the thalassocracy of the Sultanate of Brunei. However, most parts of the interior region consisted of independent tribal societies.
In 1658, the northern and eastern coasts of Sabah were ceded to the Sultanate of Sulu while the west coast of Sabah and most of Sarawak remained part of Brunei. In 1888, Sabah and Sarawak together with Brunei became British protectorates. In 1946, they became separate British colonies.
Sabah (formerly British North Borneo) and Sarawak were separate British colonies from Malaya, and did not become part of the Federation of Malaya in 1957. However, each voted to become part of the new Federation of Malaysia along with the Federation of Malaya and Singapore in 1963. Previously, there were efforts to unite Brunei, Sabah, and Sarawak under the North Borneo Federation but that failed after the Brunei Revolt occurred.
Sabah and Sarawak retained a higher degree of local government and legislative autonomy than other states in West Malaysia. For example, both states have their own immigration controls, requiring Malaysian citizens from West Malaysia to carry passports or identity cards when visiting East Malaysia.
The islands of Labuan were once part of North Borneo (later Sabah) in 1946 before becoming a Federal Territory in Malaysia on 1984. It was used to establish a centre for offshore finance in 1990.
Since 2010, there has been some speculation and discussion, at least on the ground level, about the possibility of secession from the Federation of Malaysia because of allegations of resource mishandling, illegal processing of immigrants, etc.
It has been a source of debate whether the states of Sabah and Sarawak joined the Federation of Malaysia as equal partners with Malaya and Singapore or whether they became merely equal partners of the states of Malaya (i.e. at par with Perak, Selangor etc.). The consensus seems to be that Sabah and Sarawak are merely states of the federation with a slightly higher degree of autonomy compared to states in Peninsular Malaysia. For example, the East Malaysian states have separate laws regulating the entry of citizens from other states in Malaysia (including the other East Malaysian state), whereas, in Peninsular Malaysia, there are no restrictions on interstate travel or migration, including visitors from East Malaysia. There are also separate land laws governing Sabah and Sarawak, as opposed to the National Land Code, which governs Peninsular Malaysia.
With regard to the administration of justice, the courts in East Malaysia are part of the federal court system in Malaysia. The Constitution of Malaysia provides that there shall be two High Courts of co-ordinate jurisdiction – The High Court in Malaya and the High Court in Sabah and Sarawak (formerly the High Court in Borneo). The current Chief Judge of Sabah and Sarawak is Abang Iskandar Abang Hashim from Sarawak. His office is the fourth highest in the Malaysian judicial system (behind the Chief Judge of Malaya, President of the Court of Appeal, and Chief Justice of Malaysia).
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