Kembalikan Kekebalan Raja (Call to restore royal immunity)

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akay

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Karen Arukesamy


KUALA LUMPUR (Nov 26, 2008) : Negri Sembilan Regent Tunku Naquiyuddin Tuanku Jaafar today called on the government to restore the royal immunity that had been "lost" for 15 years and return the monarchy's independence so that it can play a more effective role as guardian of the Federal Constitution.

In his luncheon address on 'The Role of the Constitutional Monarchy in 21st Century Malaysia' at a roundtable on strategic issues organised by Asian Strategy and Leadership Institute (Asli) at a hotel here, Tunku Naquiyuddin argued that immunity is essential, and is symbiotic with sovereignty.

"It really becomes nonsensical that a sovereign ruler can be taken to court for trying to protect the best interest of the nation. He must also be protected at all costs from pecuniary embarrassment so that his sovereignty is not tarnished or undermined.

"To put it another way, can we afford to have a ruler incarcerated or even made a bankrupt?"
He said that ironically, "we now have a situation where judges are immune in the exercise of their judicial functions, but rulers are not.

Tunku Naquiyuddin cited an example.

"Take the situation where we have a 'hung' Parliament and the ruler decides on a prime minister from one side. Can you imagine a situation where the other side is very unhappy and decides to take the ruler to court," he said.

"The ruler is only doing his duty under the constitution that he be given the right to appoint the PM. But without the immunity, he (ruler) can be taken to court by whoever the opposition member is. Or vice-versa if the ruler appoints a member of the current opposition to be PM, then the Umno members will be disgruntled and take him to court."

Article 40 (2)(a) in the Federal Constitution provides for the procedures and appointment of PM by the Agong using his own discretion.

However, he said, this "immunity" can be debated, modified and can, for instance, not apply to incidences where a ruler "harms" a person.

He said the immunity given should be on par with other constitutional monarchies.

Tunku Naquiyuddin referred to the situations in 1983 and 1993 when Barisan Nasional was strong and the rulers' voices were "in the minority".

He said there was a confrontation with the rulers in respect of former premier Tun Dr Mahathir Mohammad’s proposal to curb the royal assent on legislation in Parliament in 1983 and the Indemnity of Rulers in 1993. In both instances, Mahathir's will prevailed.

Tunku Naquiyuddin said: "As we proceed towards a more contentious and polemical political world, there will have to be increasingly more royal interferences,"

He said the rulers are like referees or arbitrators who issue appropriate judicious statements at crucial times.

"If political parties see themselves as representatives of the people, the rulers see themselves as guardians of the Constitution."

He also touched on other issues like the social contract, institution of the Malay Royalty as a pillar in the Constitution and the recent fatwa on yoga and tomboys.

To a question on whether the rulers are playing a more active role now in regards to national unity, he said: "The Malay rulers' role has always been, in many aspects, very superficial. In the past, more ceremonial."

However, he said of late, there is a ruler coming out to voice his opinion almost every other week.

"It's because our politics is becoming bi-polar. It the past, the BN had two-thirds majority, everything seemed plain sailing but obviously there was tremendous dissatisfaction which was reflected in the March general election," he said, adding that the rulers felt it too because they meet the rakyat often.

"The rulers are like the ears and the eyes of the government," he said.

"It is not so much that the rulers now want to challenge the powers that be, but it is just that they feel there is a need for change." he said.

He said today people are thankful that the royal institution can intervene when politicians are throwing chairs at each other, so that the country does not get messed up.

"Politics are politics. Politicians supposedly work for their party but there is also a lot of self-interest, self-motivation, greed and corruption," he added.


any comment?
 
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nippon_hokage

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i agree with that



since bro nuar kita pn baru2 ni ada cakap akan mengekalkan tang2 perkara ni2...den rasa baik BN ataupnn pR akan lbih berhati2 dimasa dpn


bagus jugak le separation of power n subs-division tu dikekalkan...law maker dgn badan2 diorg....parlimen dgn geng2 diorg...instistusi raja2 melayu ie ketua agama dsb jugak diperkasakan



p/s: den berdoa utk anak2 raja skg dan masa dpn...moga diorg sekolah pandai2....x kan kerana setitik dua nila itam....habis keturunan dichop....



long live sultan....amin
 

eboss

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kembalikan KEKEBALAN atau KABEL
 

aidiryatim

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agak2 fungsi penasihat agama istana pe ek:-?:-?
bkn pe.. byk sgt dgr cite2 yg:-?#:-S
-kuasa menguasai diri--
 
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