Pelaksanaan prinsip keadilan asasi dalam pengurusan tatatertib kakitangan di universiti awam Malaysia

The principle of natural justice has become highly significant in Malaysia's legal system particularly in administrative adjudication. This principle ensures a fair trial and decision-making process for the accused. Judges and legal practitioners are well aware of this principle, but administrators without a legal background often ignore it when deciding a case. Although proper procedures can produce fair and just decisions, the process itself must adhere to the principles of natural justice. Non-compliance with this principle can lead to administrative decisions being nullified through judicial review. Therefore, this study analyses whether the law governing the disciplinary procedures of public university staff as a Statutory Body contains provisions related to the principles of natural justice or not. Furthermore, the practices of those involved in the disciplinary hearing process, especially administrators, are also studied to ensure that it is carried out according to procedures and complies with the principles of natural justice. Using a qualitative approach, several legal documents, particularly the Statutory Bodies (Discipline and Surcharge) Act 2000 (Act 605), were analysed and interviews were conducted with officers involved in disciplinary management at public universities. The findings show that several elements of the principle of natural justice are incorporated into university disciplinary laws, however, their implementation is not comprehensive and even faces several constraints such as the absence of oral trials which indirectly have a negative impact on the accused. This study specifically recommends updating and improving existing regulations and systems, such as inserting verbal representation in Act 605 as an option besides written representation. In addition, changes to the membership and quorum of the Disciplinary Committee need to be made to avoid biased decisions. Meanwhile, the general recommendation to improve administrative adjudication in Malaysia is to establish an Administrative Tribunal and enact a law that compiles all administrative procedures as a reference for all existing tribunals in Malaysia as practised in certain countries. This recommendation is important to ensure compliance with the principles of natural justice and effective implementation to guarantee fair decisions for all parties.