Pejabat Penasihat Undang-Undang Negeri Kedah
About Pejabat Penasihat Undang-Undang Negeri Kedah
Pejabat Penasihat Undang-Undang Negeri Kedah appears in 76 reported Malaysia judgments (2024–2026). These were heard before MYHC (70) and MYCOA (6).
On the court record
The Pejabat Penasihat Undang-Undang Negeri Kedah (the Kedah State Legal Adviser's Office) appears in the reported judgments principally as prosecuting and state counsel, and its work in the corpus is concentrated in the High Court (Mahkamah Tinggi) of the northern circuit, with occasional appeals in the Court of Appeal (Mahkamah Rayuan). The largest share of its matters are drug prosecutions and appeals under the Akta Dadah Berbahaya 1952 (Dangerous Drugs Act 1952, Act 234) — charges of memiliki dan mengedar dadah berbahaya (possession and trafficking of dangerous drugs) under seksyen 39B(1)(a) and the reduced possession charges under section 12(2). Recurring issues include the reliability of an Alcontara notice, whether a defence of borrowing a vehicle or of a third party's drugs is an afterthought (rekaan semata-mata), the weight of public interest in sentencing even for a pesalah kali pertama (first-time offender) who pleads guilty to an alternative charge, and the mandatory nature of whipping subject to the accused's age and medical fitness under section 289 of the Criminal Procedure Code. It also prosecutes kesalahan seksual terhadap kanak-kanak (sexual offences against children) under the Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017 (Sexual Offences Against Children Act 2017, Act 792), murder under seksyen 302 Kanun Keseksaan (section 302 of the Penal Code), and abduction under the Akta Culik 1961 (Kidnapping Act 1961). On the civil side the office has defended the State in a substantial constitutional dispute over the Pool Betting Act 1967 and the division of legislative power under Articles 74, 75, 80 and 81 and the Ninth Schedule of the Federal Constitution, in judicial review of decisions by the labour office under the Employment Act, and in an order-for-sale foreclosure under the National Land Code, where the questions were whether a fresh inquiry was required before fixing the auction date and whether reliance on a Certificate of Indebtedness without a fresh 16D notice vitiated the sale. The mix reflects a state legal office whose docket is weighted toward criminal enforcement but which also carries the constitutional and land-law litigation of the state government.
How many cases has Pejabat Penasihat Undang-Undang Negeri Kedah been involved in?
Pejabat Penasihat Undang-Undang Negeri Kedah appears in 76 reported Malaysia judgments (2024–2026).
Which courts does Pejabat Penasihat Undang-Undang Negeri Kedah appear in?
Pejabat Penasihat Undang-Undang Negeri Kedah appears before MYHC (70) and MYCOA (6).
What is the core of this office's caseload in the corpus?
Criminal prosecution and appeals, especially drug matters under the Akta Dadah Berbahaya 1952 (Dangerous Drugs Act 1952) — possession and trafficking charges under seksyen 39B(1)(a) and section 12(2) — alongside sexual-offences-against-children prosecutions under Act 792 and murder under section 302 of the Penal Code.
Does the office also handle civil and constitutional work?
Yes. It has defended the State in a constitutional dispute over the Pool Betting Act 1967 and the federal-state division of powers under the Ninth Schedule of the Federal Constitution, in judicial review of labour-office decisions, and in a National Land Code order-for-sale foreclosure.