There are four divisions in Advisory Sector comprising of Advisory Division, International Affairs Division, Syariah and Harmonisation of Law Division and Research Division.

Article 145 Clause (2) of the Federal Constitution provides the source of power of Attorney General to advise the Government of Malaysia as follows:

“Attorney General

145. (1) …

(2) It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.”.

Advisory Division

The Structure of Advisory Division

  • The Advisory Division is headed by the Head of the Advisory Division and assisted by two Deputy Heads of the Advisory Division, namely the Deputy Head of the Advisory Division I and the Deputy Head of the Advisory Division II. The Advisory Division has six (6) units namely Special Project, Special Committee/ Special Council Unit, Privatization and Contract Management Unit, Information Technology and Finance Unit, Land, Local Authority and National Special Committee Unit, Services Unit and Miscellaneous Unit.

Functions of the Advisory Division

  • Provide legal advice on all areas of law, other than international law and Islamic law, in respect of matters referred to it by the Government.
  • Assist in the interpretation of laws as and when required by the Government.
  • Draft or vet legal documents such as legal notices, agreements and memorandum of understanding to which the Government is a party to ensure that the interest of the Government is protected.
  • Conduct research or studies on legal matters as and when required by the Government.
  • Provide advice on matters which the Government intends to regulate as to reflect the policy decisions made by the Government.
  • Participate in contract negotiations in respect of Government projects in particular privatization, ICT and finance projects.
  • Attend meetings upon the invitation of Government agencies, and to provide legal advice on matters discussed to ensure that any policy decision made by the Government is in accordance with the law.
  • Participate in knowledge sharing or training sessions in legal matters by providing legal expertise, to both the Government and non-government agencies.

International Affairs Division

Structure of International Affairs Division

  • The International Affairs Division is headed by the Head of the International Affairs Division and assisted by two Deputy Heads of the International Affairs Division and Head of Section of the International Affairs Division. The International Affairs Division has six (6) units namely the Border, Territorial and Maritime Matters Unit, Human Rights and International Organisation Unit, International Criminal Matters Unit, Bilateral and ASEAN Trade and International Finance Unit, Multilateral Trade, International Arbitration And Disputes Unit and Environment, Space, Civil Aviation and Private International Law Unit.

Functions of International Affairs Division

  • Providing legal advice on international matters to the Government of Malaysia.
  • Drafting, vetting and/or provide comments on international instruments and documents such as Treaty, Memorandum of Understanding, Declaration, Special Rapporteur and Joint Communique.
  • Providing AGC’s comments and input to the Cabinet Memorandum forwarded by Ministries.
  • Drafting, vetting and/or provide comments on draft Bill or subsidiary legislation for the implementation of Malaysia’s obligations under a treaty/international instrument.

Syariah and Harmonisation of Law Division

Structure of the Syariah and Harmonisation of Law Division

  • The Syariah and Harmonisation of Law Division is headed by the Head of the Syariah and Harmonisation of Law Division, and assisted by the Deputy Head of the Syariah and Harmonisation of Law Division.  The Syariah and Harmonisation of Law Division has four (4) units, namely Unit I (Constitutional, Administration of Islamic Affairs and Litigation), Unit II (Syariah Judiciary and Islamic Family Law), Unit III  (Harmonisation and Coordination of Law), dan Unit IV (Muamalat dan Inspectorate).

Functions of the Syariah and Harmonisation of Law Division

  • Prepare and provide legal advice, legal opinions, second legal opinions, feedbacks, comments and inputs in relation to Syariah-related issues.
  • Vet legal documents such as agreements and memorandum of understanding in relation to Syariah-related issues.
  • Provide comments on policy papers, including Cabinet Papers in relation to Syariah-related issues.
  • Vet and study any issues relating to hukum Syarak and Syariah laws in relation to bills of Parliament and subsidiary legislation.
  • Conduct legal research and make appropriate proposals for the purposes of standardisation and coordination of Syariah laws between States.
  • Conduct legal research and make proposals for the purposes of harmonisation of laws i.e. between civil laws and Syariah laws in order to resolve issues with regard to conflict of jurisdiction between the civil court and the Syariah court.
  • Represent Ministries, Departments and agencies in civil cases before the Syariah courts.
  • Assist the Civil Division in the handling of cases in relation to Syariah-related issues in civil courts.
  • Prepare inputs for bodies, institutions and committees of which the Attorney General or the Attorney General’s Chambers is a member.
  • Undertake supervision and inspectorate activities towards legal officers posted to the Islamic Religious Development of Malaysia (JAKIM) as well as Assistant State Legal Advisors (Syariah) attached to the State Legal Advisors’ office.
  • Conduct Syariah Community Conferences and Syariah Community Meetings to obtain views, feedbacks and inputs in relation to Syariah-related issues.

Research Division

Structure of Research Division

  • The Research Division is headed by the Head of the Research Division and assisted by two Deputy Heads of the Research Division, namely Deputy Head of the Research Division I and Deputy Head of the Research Division II. The Research Division has four (4) units namely Unit 1 (Constitutional Research Unit), Unit 2, Unit 3 and Unit 4 (Special Research Unit). Essentially, Unit 1 provides legal opinions on all matters relating to the Federal and State Constitutions, whilst Unit 2 and 3 provide legal opinions and research services on all other matters referred to the Division. Meanwhile, Unit 4 provides comprehensive historical and archival research service.

Functions of  Research Division

  • Provide comprehensive and accurate legal opinions on matters relating to provisions of the Federal and State Constitutions.
  • Provide comprehensive and sound legal opinions on all legal matters handled by the Attorney General’s Chambers, including those pending at the superior courts.
  • Provide research services to the other Divisions within the Attorney General’s Chambers on complex and novel issues of law.
  • Provide advice and opinions on matters relating to elections.
  • Managing the Election’s Operations Room at the Attorney General’s Chambers during general and by-elections, which primarily functions to provide advice and legal opinions on issues arising during the elections.
  • Providing the Attorney General’s Chambers comments and input to Cabinet Memorandums/Cabinet Notes on matters relating to the Federal and State Constitutions.
  • Providing the Attorney General’s Chambers comments and input on Parliamentary questions relating to the Federal Constitution and other legal issues.
  • Provide comprehensive historical and archival research service in legal matters involving issues relating to delimitation of land/maritime borders, territorial sovereignty disputes and legislative history of the Federal Constitution.