August 17, 2024
The Center to Combat Corruption and Cronyism (C4) is calling on the government to create a dedicated Ministry of Law, arguing that the current legal affairs under the Prime Minister’s Department are insufficient to drive meaningful legal reforms.
In a statement released today (16th), C4 pointed out that the Legal Affairs and Institutional Reform Division (BHEUU), which operates within the Prime Minister’s Department, is responsible for a wide range of tasks, including key legal reforms. However, its limited budget and resources have hampered its ability to make substantial progress.The statement also highlighted that, despite efforts by the government to review and update the legal framework—including the revision of over 3,000 outdated laws—important anti-corruption reforms have stalled.“These stalled reforms include separating the roles of the strengthening oversight bodies, and introducing several crucial bills,” the statement noted.C4 emphasized that while the BHEUU handles most of the nation’s critical legal reform efforts, its budget and resources fall short of what is needed to manage such significant responsibilities.With the government’s ambitious reform agenda in mind, C4 questioned whether it is time to establish a formal Ministry of Law.
Big Responsibilities, Small Budget: Can Reform Happen?
C4 noted that the BHEUU, despite its broad mandate, has been allocated just RM176 million in the 2024 budget, whereas other full-fledged ministries have budgets in the billions.“Setting up a dedicated Ministry of Law with a larger budget could help clear the administrative and technical hurdles to implementing comprehensive legal reforms,” C4 suggested.The organization also pointed out that most ASEAN countries already have a dedicated legal ministry, and that Malaysia once had one as well, until it was dissolved in 1995.C4 expressed concern over whether the urgent legal and institutional reforms that the government repeatedly acknowledges can be realized under the current structure of the BHEUU.According to its website, the BHEUU oversees a wide range of agencies, including the Insolvency Department, Legal Aid Department, Human Rights Commission of Malaysia (Suhakam), National Legal Aid Foundation, and the Asian International Arbitration Centre.In addition to these duties, the BHEUU is also tasked with leading policy and legal management initiatives that don’t fall under any specific ministry or department, and it plays a key role in domestic human rights issues, national legal policy, and handling international reviews and feedback.
Relevant Info
The Legal Affairs Division of the Prime Minister’s Department (BHEUU) was established on May 8, 1995, following the dissolution of the Ministry of Law. Initially, it included the Chief Registrar’s Office of the Federal Court, the Legal Aid Bureau, the Official Assignee’s Department, and the Public Trustee and Official Administrator Department. On August 1, 1995, the Public Trustee and Official Administrator Department was incorporated as Amanah Raya Berhad, separating it from BHEUU except for court-related matters.
Over the years, BHEUU's responsibilities have evolved. The Chief Registrar’s Office was separated in July 1996 but returned under BHEUU's administration in April 2003. The Official Assignee’s Department was renamed the Malaysia Department of Insolvency (MdI) in 2009, and the Legal Aid Bureau became the Legal Aid Department (JBG) in 2010.BHEUU also serves as the secretariat for the Pardon Board and the Human Rights Commission of Malaysia (SUHAKAM) since 2004. Additionally, in 2021, BHEUU’s functions expanded to include being the Lead Agency for legal administration policies not covered by other ministries, as well as handling domestic and international human rights issues.In supporting the judiciary, BHEUU focuses on developing and upgrading courthouse infrastructure, ensuring the provision of modern facilities, and monitoring the progress of courthouse projects to enhance the judicial administration in Malaysia.
Center to Combat Corruption and Cronyism(C4) is a leading policy advocacy center in Malaysia focused on combating corruption and promoting good governance at all levels of government. Their mission includes promoting transparency, monitoring compliance with international anti-corruption agreements like the UNCAC, and empowering citizens to fight corruption. C4 prioritizes areas such as political financing, freedom of information, corruption in public sectors, and environmental rights. As a board member of the UNCAC Coalition, they actively engage in policy advocacy, capacity building, and international collaboration to strengthen anti-corruption efforts.
The Public Prosecutor in Malaysia is the principal authority responsible for prosecuting criminal cases independently. This role is crucial in ensuring that justice is upheld, allowing for the prosecution of individuals regardless of their status or position. However, because the Public Prosecutor's role is currently combined with that of the Attorney General, who serves as the government's legal advisor, conflicts of interest can arise, particularly when prosecuting powerful government figures. The paper argues for the separation of these two roles to strengthen the rule of law and ensure impartial justice.