Overview of the Constitution and Legal Framework

1. The Federal Constitution:

• The Federal Constitution of Malaysia, enacted in 1957, is the supreme law of the land. It outlines the structure of government, the rights of citizens, and the relationship between the federal and state governments.
• It consists of 15 parts, including provisions on fundamental liberties, the executive, the legislature, the judiciary, and the relationship between the Federation and the States.

2. Legal System:

• Malaysia follows a mixed legal system, which includes:
  • Common Law: Derived from English law, applicable in civil and criminal matters.
  • Syariah Law: Applicable to Muslims in personal matters such as marriage, divorce, and inheritance.
  • Statutory Law: Laws enacted by the Parliament and State Assemblies.

Key Regulations

1. Fundamental Liberties:

• The Constitution guarantees fundamental rights such as the right to life, liberty, equality, freedom of speech, assembly, and religion (Articles 5-13).

2. Laws Governing Immigration:

• The Immigration Act 1959/63 regulates the entry, stay, and exit of foreigners in Malaysia.
• The Passport Act 1966 governs the issuance and validity of passports.

3. Employment Laws:

• The Employment Act 1955 governs employment relationships, including wages, working hours, and termination.

4. Consumer Protection:

• The Consumer Protection Act 1999 provides rights to consumers and regulates unfair trade practices.

General Costs Associated with Legal Processes

1. Legal Fees:

• Legal fees can vary widely based on the complexity of the case and the lawyer's experience. Typical fees for consultations range from RM 100 to RM 500.
• For litigation, fees can range from RM 5,000 to RM 50,000 or more, depending on the case.

2. Court Fees:

• Filing fees for civil suits can range from RM 300 to RM 1,000, depending on the claim amount.
• Criminal court fees are generally lower, but additional costs may arise from bail and legal representation.

3. Immigration Fees:

• Visa application fees vary based on the type of visa (e.g., tourist, work, student) and can range from RM 100 to RM 1,000.

Standard Procedures for Common Legal Matters

1. Applying for a Visa:

• Determine the type of visa required (e.g., tourist, work, student).
• Gather necessary documents (passport, photographs, application form).
• Submit the application to the nearest Malaysian embassy or consulate or online via the Immigration Department's website.
• Pay the applicable visa fee.

2. Registering a Business:

• Choose a business structure (sole proprietorship, partnership, or company).
• Register with the Companies Commission of Malaysia (SSM) online or at their offices.
• Obtain necessary licenses and permits based on the business type.

3. Filing a Civil Suit:

• Consult a lawyer to assess the case.
• Prepare and file a statement of claim at the relevant court.
• Serve the documents to the defendant.
• Attend court hearings as scheduled.

4. Seeking Legal Aid:

• The Legal Aid Department provides assistance to those who cannot afford legal representation.
• Eligibility is based on income and the nature of the case.

Country-Specific Considerations

1. Cultural Sensitivity:

• Malaysia is a multicultural society with diverse ethnic groups (Malay, Chinese, Indian, and indigenous peoples). Understanding and respecting cultural norms is crucial.
• Syariah law applies to Muslims, and non-Muslims are generally governed by civil law.

2. Language:

• The official language is Malay (Bahasa Malaysia), but English is widely spoken, especially in urban areas and in legal contexts.

3. Legal Representation:

• It is advisable to engage a local lawyer for legal matters, especially for immigration and business-related issues.

4. Dispute Resolution:

• Mediation and arbitration are common methods for resolving disputes outside of court, and these processes are encouraged by the Malaysian legal system.

Conclusion

Understanding the Constitution and legal framework in Malaysia is essential for visitors and immigrants. Familiarizing yourself with the laws, regulations, and procedures will help navigate legal matters effectively. Always consider seeking professional legal advice for specific issues to ensure compliance with local laws and regulations.