The State Legislative Assembly or the Dewan Undangan
Negeri (DUN) is the highest law making body in the state (Jawan, 2003).
All DUNs are unicameral and each comprises the one chamber and His Excellency,
the Head of the respective state. Although part of the legislature, the Head of
the State do not participate in the proceeding of the state assembly. His
function here is to officially declare the opening of the proceeding by
addressing the house.
Speaker may be a member of the House or a non-member
who is qualified for election into the House. Functions of the Speaker include
to be responsible for maintaining order in the House. Speaker also must ensure
that relevancy is observed during debates and to interpret the Standing Orders
in case of disputes.
The main three functions of State Assembly is to
protect the sovereignty of the state constitution and the constitutional right
as had been described in the constitution. State Assembly is to serve the
executive government and the focus to examine and criticize the policies and
implementation of government plans. The members of the council are collectively
responsible to the State Assembly. This can be seen in the proceedings of the
chamber during the debate on the motion of the royal, and the debate of
no-confidence motion against the government’s general policies.
Another function of State Assembly is to approve
supplies. No taxes or expenses that can be charged against the Consolidated
Fund unless authorized by law passed by the State Assembly. State Assembly is
also to representing the people. State Assembly provides a forum for
representatives of the people to express their opinions and discuss openly
through parliamentary privilege under the provisions of the ordinance of the
town council. The matters raised by covering issues of concerns, complaints or
peoples problem. This can be done through regular debates, appeals and raise
matter of public matter and others. During this assembly, the Head of State is
Tuan Yang Terutama Pehin Sri Haji Abdul Taib Mahmud, He was the Chief Minister
of Sarawak, before he is appointed as the Head of State.
This assembly was held from 5th of May
until 15th of May, 2014. A member of a state legislative assembly
consists of elected representatives from single-member constituencies during
state elections. To attend such events, there is a lot of protocol that
applies, especially to those who are uninvited to the hall. For audiences such
as students and public, is it crucial to provide application letter to join the
conference and assembly. All visitors must abide with the dress code while in
State Legislative Assembly Building. For men and ladies, they must wear a
formal dress. For school students, they must wear school uniform. Visitors are
not allowed to bring children (six year old and below). They also do not
allowed to take pictures when in State Legislative Assembly Building and carry
dangerous items deemed as threat to security. They cannot bring hand phone,
camera and other types of communication device into the Gallery State
Legislative Assembly.
They consist of members elected in state election.
The amount of members in State Assembly are different between the state and the
other state. Members in state assembly must be a Malaysian and live in the
state. There are some characteristic that must have in members of State
Legislative Assembly. First is 21 years old and above. Second is healthy. Third
is not bankrupt. Forth is not holding a salary. Fifth is never been in prisoned
more than a year. The last is never been fined more than RM2000 without
forgiveness. Members of state assembly hold the office for five years if state
assembly not dissolved before this. Someone can be members in State Legislative
Assembly for a state only and they have speciality same with members in
parliament.
Subject to the provisions of the State Constitution,
the Legislative Assembly must carry out their own procedures and drafting
Regulations Council. Council Regulation approved by resolution of the
Legislative Assembly provides the rules of conduct, privileges and
parliamentary procedure governing the proceedings at conferences and meetings
of the Select Committee of the Legislative Assembly.
Total quorum for the state assembly is at least
one-third of the total Ahli. ADUN is a member of the Legislative Assembly
elected through elections. Any member can inform about the lack of a quorum at
any time conferences. If the quorum is still not enough, the conference may be
postponed to the next day.
Members of the House may speak on any matter of
public interest under the principles of freedom of speech as provided by
Ordinance of the Legislative Assembly (Privileges, Immunities and Powers) Act,
Sedition Act and Regulations Permanent Assembly.
There are some principles that all ADUN must follow
during the States Assembly. It is a general rule that no member should be
present in the assembly when any matter relating to him or herself is under
consideration.
This event is considered as political because politics
involves the making of a common decision for a group of people, that is, a
uniform decision applying in the same way to all members of the group (Shivley, 2006). All actions that
contribute to the making of a common policy for a group of people constitute
politics, and questions about those policies and the making of those policies
are political questions.
According to Robert’s Rules, motion is to introduce
a new piece of business or propose a decision or action; a motion must be made
by a group member. First motion will be sound (“I move that...”) A second
motion must then also be made by raise your hand and say “I second it.”) After
having limited discussion, the group then votes on the motion. A majority vote
is required for the motion to pass or by gathering of the minimal number of
members as specified in your by laws. In debating or discussing the motion, the
member who made the motion is entitled to speak first. Every member has the
right to speak in debate. When voting on a motion, the Chair will ask the
floor. Some motion requires a two over three votes. A two over three votes is
obtained by standing. If a member is in doubt about the vote, the person may
call out “division”. A division is a demand for a standing vote. A tie vote is
a lost vote, since it is not a majority.
According to California State University, there are
several types of motions. Privileged motions is a motion which do not relate to
the pending question but have to do with matters of such urgency or importance
that, without debate, they are allowed to interrupt the consideration of
anything else. The second type of motion is subsidiary motion where motion
which assist the assembly in treating or disposing of a main motion. They have
the effect of hastening action upon, delaying action upon or modifying the main
motion. The third type of motion is main motion where a motion which bring
business before the assembly and which can be only made while no other motion
is pending. The fourth motion is the motion that brings a question again before
the assembly. Motions which bring up previously considered as question. The
fifth type of motion is incidential motions, motion which deal with questions
of procedure and arise out of another pending motion or item of business. With
the exception of the motion appeal from the ruling of the chair, there are not
debatable.
Several motion that has been discussed in State
Assembly in Sarawak are to demolished and minimized poverty in Sarawak by the
Minister of welfare, women and family development- Y.B Datuk Hajah Fatimah Abdullah. Minister of
Industrial Development talk about performance of the state manufacturing factor
The Sarawak Legislative Assembly has unanimously
voted in favors of a resolution to request the Federal Government for an
increase in the oil royalty from 5% to 20%. . Royalty according to:
Wikipedia “royalty is a usage-based payment made by
one party (the "licensee") to another (the "licensor") for
the right to ongoing use of an asset, sometimes an intellectual property .
Royalties are typically agreed upon as a percentage of gross or net revenues
derived from the use of an asset or a fixed price per unit sold of an item of
such, but there are also other modes and metrics of compensation”.
But from the resources from the daya dictionary
pages 1393 royalty are mean:
“Bayaran oleh
syarikat lombong kepada tuan punya tanah. Bayaran tertentu yang di buat oleh
penerbit kepada pengarang, pencipta, dan lain-lain”.
For the
Sarawak Legislative assembly this is very significant event and term because there are. According to the star
online new policies are decided by Sarawak state legislative assembly 6 May
2014 ideas of Increase the royalty are from “Originally tabled by Chong Chieng
Jen (DAP-Kota Sentosa) but an amended motion, which included seeking more
development grants from the Federal Government aside from the royalty, was
subsequently tabled by Abdullah Saidol (Barisan Nasional-Semop) and approved by
Yang Di Pertua”. In this situation are very accurately to the concept of
political science we learn in the class this concept are tell about authority
and power. Definition of authority is the formal or legal as distinguish from
personal power. The concept of authority in this assembly was “yang Di Pertua”
or president.
Rationally Yang Di Pertua reasonably president is a
person who has authority because of the existence of the source of authority,
introduced by Karl Marx describes Legal Concepts ratio. This because according
to constitution item 71 A president or “Yang Dipertua Negeri” has a function
such as responsible for watching the conference to run smoothly, organize
debates order to sketch does not detract from the issues debated, decide on the
Order of Business in the event of a dispute check whether the petition, draft
laws and amendments can be accepted. He also determine when a session begins
and ends, and can be adjourned while if necessary. The Speaker is also
responsible for ensuring that the Constitution be respected, to discipline
members of the board, determine who may speak, vote and check quorum call each
session. He only vote if there is a vote that ended in a draw. When, the
President is unable to attend Parliament, duties and functions undertaken by
one of his deputies. Thus, in this part will discuss about the impact, factor,
and critics with the Sarawak Legislative Assembly request to federal Government
for an increase the oil royalty from 5% to 20%.
Factor to Sarawak legislative assembly request to
federal government for an increases the oil royalty from 5% to 20% are because
economic factor. The revenue 5% oil royalty given by federal government are not
enough to build facilities and increase development in Sarawak. According to
Tan Sri Adenan Satem in the news Berita Harian Metro 8 May 2014:
“Sarawak
Merupakan sebuah negeri yang besar yang memerlukan dana atau modal yang besar
dalam pembangunannya di sebabkan negerinya yang luas. Di samping itu, kadar
bahan mentah yang tinggi menyebabkan kesukaran kerajaan negeri dalam membuat
pembangunan dalam negeri Sarawak ini. Pembangunan yang di maksudkan adalah
seperti Jalan raya, kemudahan awam dan sebagainya. Jadi, wajarlah untuk
kerajaan negeri Sarawak dalam memohon agar kerajaan pusat dapat menaikkan
royalti minyak daripada 5peratus kepada 20 peratus kepada negeri Sarawak ini.
When the
oil royalty increases there will increasing of profit in Sarawak. When the
profit increases according to the circular flow diagram or business cycle in
the principle of economic, the government gain much profit there will decreases
unemployment and inflation in Sarawak. When the inflation and unemployment
decreases there will increases standard living of the Sarawak people and state.
When standard living of Sarawak people increases there will decreases issues
such as “Brain drain” in Sarawak. This issue occurs because many young people
wants living out from Sarawak. Issue of
brain drain means:
“Migration of
people having high skill or intelektual migrate to another placed with one
mission such to get economic or to grab the work opportunity” (Rapoport, 2011).
This issue are supported by news such as Borneo post
because according to news Borneo post “there are estimated 60% young people
from Sarawak are interested to go another state such as Johor, Pulau Pinang,
and other state to get job opportunity. Thus, the economy are the factor
Sarawak legislative assembly request to the federal government for increases
the oil royalty from 5 percent to 20 percent are because economic are having
correlated other factor.
Oil and gas sector required a huge amount of capital
expenditure. Increasing royalties to 20 percent, not only affect the profit,
but Petronas' ability to invest and reinvest, in exploring for oil in deeper
waters, to look for new (oil) reserves, while maintaining existing ones will be
in very serious jeopardy. According to
President and Chief Executive Officer of Petronas Tan Sri Shamsul Azhar Abbas
on bernama he always emphasized
“Please ensure that Petronas has enough resources to
reinvest," he told PETRONAS staff at a Town hall Meeting here,
today”. He added Petronas would not be
the same successful organization today if not for its strong reserves and
ability to invest. Najib also said if
the proposed reduction in the price of petrol, diesel and gas as touted by the
opposition were to be implemented, the annual subsidy for fuel may rise to RM30
billion from the current RM22 billion annually.
If this happens, Petronas' resources for productive investment will
instead be channeled to private consumption.
"And that is a recipe for economic disaster," he added. The
Prime Minister said Petronas had grown from an initial seed capital of RM10
million in 1974, to a cumulative contribution totaling a staggering
RM733billion as of Dec 31, 2012.
"This is tantamount to a return on investment of 80,000 times. I
don't think there is any other investment that can provide this," he
added. – BERNAMA
From the statement we know impact of 20 percent
royalty will effect for business of PETRONAS profit. When the PETRONAS profit
decrease, it will effect of our economic because according Jabatan Statistik
Negara, “Petronas contribute 40-60 percent of income in our country”. In my
opinion, rationally, when Petronas profit decreases, it will impact the
unemployment and influence the weakness of economy in our country because
according to news Berita harian metro
Jika PETRONAS
bagi royalti 20 peratus kepada negeri terbabit, syarikat ini tidak lagi dapat
membuat pelaburan bagi pengembangan kapasiti pengeluarannya. Ia sekali gus
mengurangkan sumbangan PETRONAS dalam minyak dan gas iaitu industri penting
kepada ekonomi negara, sekali gus melembapkan pertumbuhan negara termasuk
mengurangkan peluang pekerjaan kepada orang ramai, katanya ketika dihubungi BH,
semalam. Kenyataan itu menyokong pendapat Timbalan Menteri Kewangan, Datuk Dr
Awang Adek Hussin, bahawa tuntutan pembangkang itu tidak munasabah dan boleh
melumpuhkan operasi PETRONAS di luar negara. Awang Adek berkata, PETRONAS perlu
mempunyai simpanan modal untuk mencari sumber dan pendapatan baru di negara
baru yang memerlukan jumlah modal yang besar, bagi menyumbang dividen tinggi
kepada negara yang kini berjumlah RM30 bilion setahun. PETRONAS ketika ini, tersenarai dalam Fortune
500 dan menduduki kelompok 20 teratas paling untung di dunia. Sejak ditubuhkan
pada 1974, PETRONAS secara berterusan menyumbang hasil kepada negara menerusi
dividen dan cukai.
Therefore, decreases of profit PETRONAS are the
negatif impact for the Malaysian economic when federal government changing
policy 5 percent to 20 percent oil royalty for Sarawak state.
Negative impact for Sarawak legislative
assembly requests to federal government for an increase the oil royalty from 5%
to 20% according to political impact. It happen because when Sarawak
legislative request to federal government for increases oil royalty 5 percent
to 20 percent, Influenced all the state such as Kelantan, Terengganu, Sabah and
other state producer oil and gas there will wants to follow this policy.
Because according to Harakah news
“Naib Presiden PAS Datuk Husam Musa menggesa negeri
pengeluar petroleum mengikut jejak langkah Sarawak yang meluluskan usul
menuntut bayaran royalti petroleum dinaikkan kepada kadar 20 peratus.Selain
itu, bekas anggota Exco Kelantan itu juga menuntut agar negeri berkenaan
menuntut pemilikan saham dalam syarikat petroleum negara, Petronas untuk
membolehkan negeri tersebut menikmati agihan lebih adil.(harakah news)
After
that, from the Sabah people or party politic Sabah from news Malaysia kini also
want to Malaysia government or federal government increases of royalty in Sabah
because from the
“Kerajaan Tempatan Datuk Abdul Rahman Dahlan. Beliau
berkata sebagai pemimpin tempatan dari Sabah, beliau secara prinsipnya
bersetuju dengan cadangan menaikkan royalti minyak namun berpendapat pelbagai
aspek perlu di bincang dan diperhalusi sewajarnya. Saya bersetuju dengan
pandangan pemuda Barisan Nasional (Parti Bersatu Sabah, Parti Bersatu Rakyat
Sabah dan Pertubuhan Pasokmomogun Kadazandusun Murut Bersatu (UPKO). Cuma
mekanismenya perlu diperhalusi. Yang lebih penting bagi saya ialah jumlah
peruntukan yang diberikan Kerajaan Persekutuan kepada negeri Sabah itu. Apakah
(peruntukan pembangunan kepada Sabah) lebih banyak daripada negeri-negeri lain?
Royalti minyak bukan satu-satunya sumber pendapatan negeri tetapi ia juga dalam
bentuk peruntukan daripada Kerajaan Persekutuan," katanya kepada pemberita
selepas merasmikan mesyuarat agung tahunan Persatuan Nelayan Kawasan Kota Belud
di sini hari ini. Beliau mengulas kenyataan tiga sayap pemuda PBS, PBRS dan
UPKO yang mencadangkan supaya kerajaan persekutuan menaikkan royalti minyak
negeri Sabah kepada 20 peratus. Menurut Abdul Rahman parti pembangkang sengaja
memainkan isu royalti minyak di Sabah untuk menyedapkan hati dan demi
kepentingan politik mereka semata-mata namun mereka gagal mengemukakan
mekanisme pelaksanaan menaikkan royalti berkenaan walaupun sudah banyak kali
diminta”.
From all points of view political parties when the
government especially federal government is only accepted points of view of
Sarawak only our country will chaos. But when federal government not accepted
this situation will impact on Sarawak people because now’s days the Sarawak
people want to equality with their country.
Federal
government must do research and development (R&D) in this issues. Research
and development are do with Set up a special committee to review the issue. The
special committee should monitor the effects of which will occur when the
policy of 5 percent to 20 percent royalty. The special committee also needs
research in terms of quality and quantity. In term of quality possible aspect
of the policy is carried out. In terms of quantity the government needs to look
at this policy on the basis of two short term and long term basis. Moreover,
drastic measures need to be implemented for example the federal government must
to review the case to involve hands off Sabah and Sarawak as the agreement has
long been sealed, especially agreement 18 and 20. Thus, research and
development are the significant critical thinking to solve problem of 5 percent
royalty to 20 percent royalty.
In conclusion, we learned that the process of making
decision which involves people and policy is hard and needs a lot of
rationalization. We learned that from a simple problem, we could lead a change
to a place or a society.
We also learned that it is very important to abide
rule when we are in some places, such as Dewan Undangan Negeri. Protocol is one
major important thing to abide when you are in Dewan Undangan Negeri.
References
Jawan, J. A., 2003. Malaysian
Politics & Government. 1 ed. Shah Alam: Karisma Publications Sdn Bhd.
Shivley, W. P., 2006. Power and
Choice: An Introduction to Political Science. Boston: McGraw Hill.
Rapoport, H., 2011. Globalization,
Brain Drain and Development. 16 January, p. 3.
Alaska Fisheries Science Centre.
2014. Retrieved from http://www.afsc.noaa.gov
California State University. 2014. Retrieved
from http://www.csuchico.edu
Dewan Undangan Negeri. 2014.
Retrieved from http://www.dun.sarawak.gov.my
Appendices
