Proses Kemerdekaan Sabah dan Sarawak (1961-1963): Tinjauan Kembali Aplikasi Perundangan dalam Penubuhan Malaysia (The Process of Independence of Sabah and Sarawak (1961-1963): Revisiting The Legal Application On The Formation of Malaysia)

Abstract

This article discusses the legal issues pertaining to the debate on the status-quo of Sabah and Sarawak in the formation of the Federation of Malaysia in the historical perspective during the period of 1961-1963. The legal Issues associated with the position of Sabah and Sarawak still dominate the political contention in Malaysia. This contention comes from the issues derived from the 20 points memorandum, the agreement on the formation of Malaysia and the 1963 constitution of the Federation of Malaysia. At the same time, this view also questions the legitimacy of the Cobbold Commission Report which confirmed the support from the majority of the inhabitants of those two provinces for joining the Federation of Malaysia. This report also became the initial basis which brought to the formulation process of the Constitution of Malaysia through the Inter-Governmental Committee Report. Eventually, the formation of Malaysia was ratified by the signing of the Agreement of the Formation of Malaysia on 9th of July 1963. This Malaysia Agreement had paved the way for the amendment on the Malayan Constitution of 1957 which had defined the position of those two provinces in the Federation of Malaysia. This situation also involved legal application for the declaration of the independent day of Sabah and Singapore (31st August 1963) and the formation of the Federation of Malaysia (1963) which were associated with the Malaysia Agreement per se which was then stipulated in the Federal Constitution of Malaysia of 1963. This issue ini is also brought into disrepute by the myth of the declaration of the independent day of Sarawak on the 22nd July of 1963 which is purely subjected to current political sentiment and it is not based on historical ground.