KUASA RAJA-RAJA MELAYU DULU DAN KINI: ANALISIS BANDINGAN DARI SUDUT SEJARAH DAN PERUNDANGAN

Abstract

This paper cited historical facts and legal documents to assess the truth of this articulation and the true nature of the power position of the Malay kings in the past and in contemporary times. The sources of reference from a historical point of view consist of historical texts of the homeland, including Sulalatus Salatin (History of the Malays), Hikayat Raja-raja Pasai, Hikayat Aceh, Hikayat Melayu Siak, Tuhfat al-Nafis, Undang Undang 99 Perak, Bustanul-Salatin, and Thamarat al-Muhimmah (just to name a few). While the sources of reference from a legal point of view include the documents of the Pangkor Agreement 1874, the Federation Agreement of Malaya 1948, the Federal Constitution of Malaysia 1957, the Constitution of the Kingdom of Johor and the Constitution of the Kingdom of Terengganu (just to name a few). Based on the sources referred to, this paper argues that in fact in no time have Malay kings ever ruled. At any time the position and function of the Malay kings in the following five matters: granting pardons, declaring war, imposing the death penalty, determining external (international) relations and the owner of sovereignty. On the other hand, the real parties who run the government are the officials. In the old days they consisted of the Four Chiefs, namely the Treasurer, the Chief Treasurer, the Chief of Staff and the Admiral. While in contemporary times, at the State Government level they consist of the Menteri Besar together with the DUN (Chairmen of Committees), and at the Central Government (Federal) level they consist of the Prime Minister together with the Council of Ministers. Copying these primary (or main) facts is important because it can provide an explanation of the true position of the Malay kings today. The facts quoted explain that despite the various events that happened, including during the British occupation, the Malay kings did not experience a loss of power. This at the same time can remove the ambiguity about the position of the institution of the Malay king which is the basis of the stability and security of the country.