Public University Student Autonomy in the Malaysian Legal Framework: An Overview

Suharmi Ismail, Nurulhuda Adabiah Mustafa, Efferul Mifzal Abdul Razak and Jady Zaidi Hassim
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Suharmi Ismail: Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Selangor, Malaysia
Nurulhuda Adabiah Mustafa: Centre of Foundation Studies, Universiti Teknologi MARA, Dengkil, Selangor, Malaysia
Efferul Mifzal Abdul Razak: Faculty of Law, Universiti Malaya, Wilayah Persekutuan Kuala Lumpur, Malaysia
Jady Zaidi Hassim: N/A

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 3s, 5401-5409

Abstract: The government often regulates university activities and causes the erosion of academic freedom. Students’ rights are curtailed in participating in political parties. Students at universities are also limited by a variety of other factors, such as their inability to express opinions about subjects unrelated to their field of study. Additionally, it is also forbidden for students to raise money for extracurricular activities like associations unless the vice chancellor gives prior consent. Section 15 and section 15A which were respectively introduced in 1971 and 1975 to restrict student mobility. Such policy setting causes students’ rights to speech and mobility be systematically controlled. However, the 2024 amendment of Section 15A has given more freedom to students in collecting and receiving money. This paper adopts the qualitative doctrinal approach where the analysis of the provisions in Universities and University Colleges Act 1971 (Act 30). This paper suggests for the amendments to Act 30 to include a provision stating that universities incorporated under the Act have autonomy and academic freedom. In addition, it is necessary to include a provision stating that Statutory Bodies (Discipline and Surcharge) Act 2000 (Act 605) does not apply to universities established under Act 30.

Date: 2024
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