ADMINISTRATIVE TRIBUNAL IN MALAYSIA

INTRODUCTION
Tribunal plays a very important part in modern government and they deal with a wide diversity of
matters (Peter Cane, 1986). Outside the ordinary courts of law there is a host of special statutory
tribunals with jurisdiction to decide legal disputes. They are one of the by-products of an age of
intensive government, and in particular they multiply under the welfare state (H.W.R.W., 1971).
Nowadays, public administration deals with many public complaints and claim such as dissatisfaction on
the administration of public services. Because of public complaints and claim, government established
an institution or agency to refer and resolve these complaint and claims. That is because the Tribunal
Administrative has been established for adjudication of these disputes.
In addition, court is a place where the any conflicts were been resolve. These conflicts include the
conflicts between any individuals, conflicts between individual and government, and the case or
problem that people who commit the big or small crime. Administrative tribunals actually were created
to increase access to justice for citizens in their dealings with the public administration. The
development of administrative tribunal of this country actually already has gained many critics.
Administrative tribunals are bound by fewer rules of evidence and procedure than other tribunals. Also,
the rules that do exist are much more flexible. In the majority of cases, administrative tribunals
determine their own rules and the regulations. Many administrative tribunals are connected to a
governmental body. However, by law, every administrative tribunal has to be autonomous and
independent from any influence, including any that might be exerted by the government. The main of
this assignment are explain the functions of administrative tribunal and its advantages, and explain the
process in administration tribunal.

DEFINITION OF ADMINISTRATIVE TRIBUNAL
Administrative Tribunal is defined as a person or body of persons having to hear and decide disputes so
as to bind the parties. According to Oxford English Dictionary (2010), tribunal defined as a type of court
with authority to deal with a particular problem or disagreement. In other hand, the term
administrative before tribunals may indicate that tribunals are associated with, or are part of, the
administration, or they decide only such disputes as arise between the administration and the citizen
(Professor M.P. Jain, 1989). In pursuance of administrative law, there can arise disputes. These disputes
require adjudication. There are administrative agencies other than the courts to adjudicate such issues
arising in the course of day to day administration. Administrative adjudication is the resolution of quasi-
judicial matters by administrative agencies or commissions established for the purpose. A number of
technical issues and disputes emerge in the day-to-day administration. The ordinary courts do
not have the technical expertise and it becomes quite dilatory and costly to dispense with cases of
administrative nature. It is only the administrative agencies, which are capable of looking
into the matters of administrative exigencies. These administrative agencies with the
power to adjudicate the disputes arising out of administrative action or inaction are called
administrative
tribunal.
THE FUNCTIONS OF ADMINISTRATIVE
TRIBUNAL
The administrative tribunal is an institution is established under power of government and not under
the judiciary body. Unlike ordinary court, administrative tribunal is informal and this institution has no
permanent rules about how a case must be handled. It is established to solve specific cases with
straightforward, faster and cheaper method so that the cases will not be too long to be handled.
The administrative tribunal is independent same as court and it is not combine with the legislative and
executive branches of the government which mean the tribunal is separated with the two branches of
government (Peter Cane, 1986). Just like the judiciary branch, this is to ensure that any decision made
by the tribunal will not be influenced by the executive and legislative branch of the government. So,
there will be no unwise or unfair decision made by the tribunal.
The establishment of tribunal is to resolve the disputes between a private citizen and a central
government department. For example, the private citizen claims for a better social security for the
government so that they will feel more comfortable and safer from any threats and disturbances. But
the government refuses their wants. Thus, the tribunal is established to solve this complicated case.
Besides that, the function of tribunal is to settle the disputes which require the application of specialized
knowledge or expertise such as the assessment of compensation following the compulsory purchase of
land(H.W.R.W.1971). For example, in Malaysia, the ordinary court does not have the expertise in this
specific case. So, the tribunal will be established to solve this case using the right application of
specialization and knowledge so that the case can be solved in a period of time.
They will interpret and apply the laws when acts or decisions made by the public administration is
challenged and questioned by the people or citizens in formal complaints (Jayum 2011). For example, in
Malaysia, when the people start questioning their money that they gave to the government through
taxation, they will make a formal complaint on this situation. Thus, the tribunal must be established to
settle down this problem because it is not an easy case to solve.
It will adopt a procedure similar to, and it is more flexible and simpler than the regular court(Moten,
2011). For example, one might expect to find a willingness to depart from the strict rules of evidence.
However, the procedure is usually to give advisory rather than inquisitorial. It is the responsibility to the
parties to present the evidence and argument to the tribunals.
Besides that, tribunal is to solve the disputes that related with nature and quantity are considered
unsuitable for the regular courts such as fixing a fair rent for premises or immigration appeals. This is
because regular courts do not have the specific law to solve this problem. If the court is still want to
solve the case, it will take a long time and the cost to solve this case will be more expensive. In order to
have less consuming of time and cost, the tribunal will be established to solve the case.
Lastly, it will have a permanent existence, the tribunal having been established specifically to deal with a
particular type of case, or with a number of closely related types of case. By contrast, courts of law,
though also permanent bodies, generally have jurisdictions covering a much wider range of different
subject-matters (J.F. Garner & B.L. Jones, 1985).

ADVANTAGES OF ADMINISTRATIVE TRIBUNAL
Administrative adjudication is a dynamic system of administration, which serves, more adequately than
any other method, the varied and complex needs of the modern society. The main advantages of the
administrative tribunals are:
Flexibility which is Administrative Tribunal has brought about flexibility and adaptability in the judicial as
well as administrative tribunals. For example, the court of law exhibit a good deal of conservation and
inelasticity of outlook and approach. The justice they administer may become out of harmony with the
rapidly changing social conditions. Administrative adjudication, not restrained by rigid rules of producer
and canons of evidence, can remain in tune with the varying phases of social and economic life.
(Moten,2011)
Adequate Justice which is in the fast changing world of today, administrative tribunals are not only the
most appropriated means of administrative action, but also the most effective means of giving fair
justice to the individuals. Lawyers, who are more concerned about aspects of law, find it difficult to
adequately assess the needs of the modern welfare society and to locate the individuals place in it.
(Jayum,2011)
Less Expensive which is administrative justice ensures cheap and quick justice. As against this, procedure
in the law courts is long and cumbersome and litigation is costly. It involves payment of huge court fees,
engagement of lawyers and meeting of other incidental charges. Administrative adjudication in most
case, requires no stamp fees. Its procedures are simple and can be easily understood by a layman.
(Moten,2011)

Experimentation which is possible in this field and not in the real of judicial trials. The practical
experience gained in the working of any particular authority can be more easily utilized by amendments
of law, rules and regulation. Amendment of law relating to court is quite arduous. In sum, flexibility,
accessibility and low cost are the important advantages of administrative tribunal. (Bernama,2012)
According to W. A. Robson, the advantages of administrative tribunals are cheapness and speed with
which they usually work, the technical knowledge and experience which they make available for the
discharge of judicial functions in special fields, the assistance which they lend to the efficient conduct of
public administration, and the ability they possess to lay down new standards and to promote a policy of
social improvement.

PROCESS OF ADMINISTRATIVE TRIBUNAL
The first process of Administrative Tribunal is filing and registration. According to Act 392, Article 36, the
request shall contain information concerning the issues in dispute,
the identity of the parties and their consent to arbitration in accordance with the rules of
procedure for the institution of conciliation and arbitration proceedings (The Commissioner Of Law
Revision, Malaysia Under The Authority Of The Revision Of Laws Act, 1968). In other words, the
Administrative Tribunal received any complaint or claims lodge by interested person for any lost
suffered.
The second process of Administrative Tribunal is notice of hearing which is tribunal will issue a notice of
hearing by stating the date, place and time of hearing to both claimant and responded. According to Act
392, Article 37, the Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted
as soon as possible after registration of a request pursuant to Article 36. The Tribunal shall
consist of a sole arbitrator or any uneven number
of arbitrators appointed as the parties shall agree. Where the parties do not agree upon the
number of arbitrators and the method of their appointment, the Tribunal shall consist of three
arbitrators, one arbitrator appointed by each party and the third, who shall be the president of
the Tribunal, appointed by agreement of the parties. Arbitrator means to find the best solution
between two groups of people in a type of case that happen (The Commissioner Of Law Revision,
Malaysia Under The Authority Of The Revision Of Laws Act, 1968).
The third process of Administrative Tribunal is adjudication process which is conducting the hearing to
assist the parties. According to Act 392, Article 41,
the Tribunal shall be the judge of its own competence.
Any objection by a party to the dispute that dispute is not within the jurisdiction of the
Centre, or for other reasons is not within the competence of the Tribunal, shall be considered by the
Tribunal which shall determine whether to deal with it as a preliminary question or to join it to the
merits of the dispute. Other than that, according to Article 44, any arbitration proceeding shall be
conducted in accordance with the provisions of this Section and, except as the parties otherwise agree,
in accordance with
the Arbitration Rules in effect on the date on which the parties consented to
arbitration. If any question of procedure arises which is not covered by this Section or the
Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question (The
Commissioner Of Law Revision, Malaysia Under The Authority Of The Revision Of Laws Act, 1968).
The last process of Administrative Tribunal is decision and award which is make its award within 60 days
from the first day of hearing. According to Act 392, Article 48, the Tribunal shall decide questions by a
majority of the votes of all its members. The award of the Tribunal shall be in writing and shall be signed
by the members of the Tribunal who voted for it. The award shall deal with every question
submitted to the Tribunal, and shall state the reasons upon which it is based.
Any member of the Tribunal may attach his individual opinion to the
award, whether he dissents from the majority or not, or a statement of his dissent. The
Centre shall not publish the award without the consent of the parties (The Commissioner Of Law
Revision, Malaysia Under The Authority Of The Revision Of Laws Act, 1968).

EXAMPLE CASES OF ADMINISTRATIVE TRIBUNAL
Example cases from Tribunal For Consumer Claims Malaysia (TTPM) in services category, travel agency;
Mr. Kamal booked for a holiday cruise for his family holiday from Barcelona to Turkey through a well
known travel agent in Kuala Lumpur. After making a payment of RM 6,000.00 (RM 2,000.00 per person),
he was given the location of the holiday cruise and in-depth information on the cruise. A week before
the date of departure, Mr. Kamal was informed that the cruise was cancelled.
In exchange, Mr. Kamal was offered a cruise package to a different country. Finally, Mr. Kamal and his
family went on a holiday cruise to neighboring countries of Malaysia. However the cost of this package is
much cheaper than the amount that Mr. Kamal had paid. Mr. Kamal therefore made a request in writing
for the balance to the travel agent and was promised a refund of the money. However, after a lapsed of
six months the money was still not returned.
Mr. Kamal filed his claim in the Tribunal Consumer Claims. The award is the travel agent agreed to pay
RM 3,000.00 (the balance owed) and cost of RM 100.00 to Mr. Kamal. (Portal Tribunal Tuntutan
Pengguna Malaysia (TPPM), Kementerian Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan)

Example cases from Tribunal For Consumer Claims Malaysia (TTPM) in products category, mobile phone;
Arif proudly presented a mobile phone to his wife as an anniversary gift. Five days after using the phone,
Rina discovered it was faulty, They both went to the authorized agent for that particular phone where
they were told that the phone is a clone. Feeling very angry they returned to the shop where Arif bought
the phone and demanded a refund of his money.
They were further frustrated when the shopkeeper refused to entertain their request but instead
scolded and challenged them to report the matter to the authorities.
Disgruntled, Arif and Rina filed a claim at the Tribunal for Consumer Claims. The reward is the shop was
ordered to refund Arif the sum of RM 1,240.00 which was paid for the phone. Arif was ordered to return
the phone to the shop. (Portal Tribunal Tuntutan Pengguna Malaysia (TPPM), Kementerian Perdagangan
Dalam Negeri, Koperasi dan Kepenggunaan)

CONCLUSION
The conclusion is Tribunal Administrative is established because for reduce the burden and money from
citizen to complain for their own right. Tribunal Administrative is more easy than process in courts
because with Administrative Tribunal the process is more straight forward, quicker, cheaper and
tribunals often specialize in resolving disputes in a particular area. Meanwhile, the courts process is
more formal, more elaborate rules, incurred many cost and courts generally have the power to hear a
much broader range of cases. Overall, Administrative Tribunal is designed to ease the public to make
complain about product or service that make their dissatisfied. The cases that can be handled by
Administrative Tribunal is the product or service that claimed does not exceed RM 25,000 only.

REFERENCES
Peter Cane (1986), An Introduction to Administrative Law, United States, Oxford University Press.
H. W. R. WADE, Q.C., LL.D., D. C. L. (1971), Administrative Law, 3
rd
Edition, London, Oxford University
Press.
Professor M.P. Jain (1989), Administrative Law of Malaysia and Singapore, Malaysia, Malayan Law
Journal Pte. Ltd.
J.F. Garner and B.L.Jones (1985), Garners Administrative Law, 6
th
Edition, London, Butterworth & Co
(Publisher) Ltd.
A S Hornby(2010), Oxford Advanced Leaners Dictionary, 8
th
Edition, Oxford University Press.
http://www.egyankosh.ac.in/bitstream/123456789/25915/1/Unit-23.pdf
The Commissioner Of Law Revision, Malaysia Under The Authority Of The Revision Of Laws Act
(1968), http://www.agc.gov.my/Akta/
Portal Tribunal Tuntutan Pengguna Malaysia (TPPM), Kementerian Perdagangan Dalam Negeri, Koperasi
dan
Kepenggunaan,http://ttpm.kpdnkk.gov.my/portal/index.php?option=com_content&task=category&sect
ionid=9&id=21&Itemid=40 ,http://ttpm.kpdnkk.gov.my/portal/index.php?option=com_content&task=ca
tegory&sectionid=9&id=26&Itemid=41

Retrieved from : http://zulamirulaiman.blogspot.com/2013/06/administrative-tribunal-in-malaysia.html