(PEKERJAAN / KERJAYA) SELEPAS BELAJAR (LAW / UNDANG-UNDANG) - SYARAT-SYARAT

 

Written by: Averroes

Introduction

After completing our studies for a rigorous 8 or 9 months in Law Foundation, we then embark on another journey for another excruciating 4 years in degree of our own choice. There are the UiTM law intake and the KPTM intake. Regardless of which branches and paths that we endure and choose in life, it all boils down to one realization. What are we to do, once we have graduated?

We would have to start thinking about making money, paying our bills and getting a car, our own house and if you are able to afford it and ready, having your own family and the cycle of life continues on until the day we depart the world. Life can be mundane where everyone does the same loop, you born and die, but it centralizes on what we could actually do to spice it up a notch and add some memorable value in between. 

As teenagers from SPM, transitioning into early adulthood and finally stepping our feet into the actual adult realm of life can be quite suppressing and difficult. In some cases for particular people, but I guess we all do share the same sentiments, we are told to enjoy and have fun in tertiary education and life is less restricted in such sense.  

Some told us to focus and study hard, getting numb and dull in the skull. There are many opinions and advices from every corners. In the end, we have to remind ourselves that it is our own judgement and discretion to decide whether to follow the opinions of others, or lead by our own intuition. Surely, the decision that we make in our life has their consequences and there is no harm in accepting the opinion of others, or deciding on our own. 

However, it is important to think before we decide, because one single decision would alter our future and it is irreversible. 

You can watch the Youtube version of this article here;

That's not all

To be honest, there is no actual standard or conclusive careers or professions that you could take in the future. The future is wide and full of mysteries, it's only us who can plan and determine how it would turn out as our decisions and actions today will set the outcome. Think of life as percentages, the higher the probability and chances that you do for a particular motion, the closer you will reach there. 

Still perplexing? Well imagine if you mingled most of your time with political geeks at your university, the higher the chances for you to be have more probabilities and percentages of you, to enter into the political climate. That's just a simple analogy, though it may not be the case. Even if you have a 90% chance of becoming a politician, there is always that 10% that will change the outcome. 

Let's have a larger and clearer view. You join law degree and everyone has expectations of you to become a lawyer. That percentage to become a lawyer differs from individuals and depends on what they dream and aspire to be. Ultimately, it is the choice and decisions that they make in life. Some may even have a 99% chance, but the rare 1% could change their life forever. 

Take a look at Yuna, an alumni from UiTM Law School, even when she entered into that course, there were percentages for her to be a lawyer, perhaps 99.9%, but everyone has their own volition and destiny in life, that clairvoyance hypothesis is visible here. Instead, the 0.01% of her to become a multi-famous and renowned artiste in Malaysia and abroad was what actually transpired. 


Some even have started their own food restaurant franchise and made movies, even when the could have applied to be a lawyer. See how one fate and future is molded by their decisions, not because being a lawyer is their only decision, but they have other percentages or choices that they could make in their life. 

If you ever still wonder, try playing video games, entitled as the following as it could clearly evince the pristine interpretation of what constitutes these clairvoyance effect. Among them, personally my favorite were to be;

1) Detroit: Become Human

2) Man of Medan

3) Little Hope

4) Simulacra

5) Death Come True (Japanese Game)

6) Late Shift

Why pursue law?

We could have been driven by the motivation of mainstream media platforms, induced by movies, music, books or dramas. We may have been influenced by the community, our friends and families as it is a zealous, prestigious and noble task of dispensing justice and fairness. Everyone has their own interpretation of the law, as long as it falls within the boundaries of what constitutes to be law, based off authorities. Here are some of my perspectives of the importance of pursuing law

1) Protecting the interests of the people in our country in all aspects of their human rights, guaranteed under the Federal Constitution between article 5-13. The governing or administering body may abuse their power and a judicial review could be applied to challenge such decisions or laws fabricated. 

2) To spread awareness and educate the public on certain key issues and tribulations that is ravaging our country. As future candidates, students and practitioners, it is our sole responsibility to disseminate knowledge and correct any assumptions or misleading information online or elsewhere. Possessing the ability and prowess in law, we are able to question and debate on certain laws and actions that harm our country. An argumentative society, is one that excels forward, finding weaknesses and improving on it. Forums, discussions and approaching keyboard warriors are among the mediums to express such intent. 

3) Lastly, studying law propels us to emphasize on larger undertakings for the future and beyond. We may not necessarily be in court to defend the interests of individual clients, but alternatively without entering into court, we are protecting the safety and harmony of the people. That could be done in any method or ways, because as long as we have the knowledge and understanding of the law, surely the safety of our nation is guaranteed. Though this may sound ambiguous, the writer would explain on this further as below, particularly on members of public services. 

Careers in law

The writer would reiterate that becoming a lawyer and the following below that are most related to a law graduate is final, yet again, you have the decision and choice to make in life. 

1) Lawyer: Once we have graduated, it does not automatically make us eligible to be a lawyer. What we are required to continue onwards is that for students studying law overseas would have to sit for the CLP examinations, while local universities are only based on their final year exams. We are considered as qualified persons when we sat for our final exams and completed our degree, unless there are contrary reasons as provided below. The law regulating this is under the Legal Profession Act 1976 which provides for the provisions;

Section 11: Qualifications for admission

(1) Eighteen Years Old

(2) Good Character, not convicted in Malaysia or elsewhere

(3) Not bankrupt

(4) Not liable, disbarred, disqualified or suspended in other countries as a practitioner

(5) Federal citizen or a permanent resident of Malaysia

(6) Served the prescribed period of pupillage for qualified persons

Section 10: Admission of advocates and solicitors;

The High Court may at its discretion and subject to this Act admit as an advocate and solicitor of the High Court— 

(a) any qualified person; and (section 3 states from University of Malaya or any other universities gazetted by the board)

(b) any articled clerk who has complied with section 25 

Provided that no person who is a qualified person by reason of his having passed the final examination for the degree or other qualification which makes him a qualified person under paragraph (a), (b) or (c) of the definition of “qualified person” in section 3 shall be admitted as an advocate and solicitor before the degree or other qualification has been conferred upon him. 

Section 12: Period of pupillage of qualified person (summarily speaking)

(1) This section states that we as the law graduate will be called as the pupil and we would go to our desired law firms while we will be trained by a lawyer of that firm whom shall be called as the master

(2) We are are required to be in the pupillage for 9 months

To summarize, we have to complete our degree, apply for 9 months pupillage, do some procedural matters such as filing our affidavit and petition and then we are called to the Bar at the Kuala Lumpur High Court. However, there is a difference for Sabah and Sarawak.

2) Deputy Public Prosecutor: You could also apply to be a prosecutor if you are interested in criminal cases. Though, the writer only found these relevant provisions if one were to apply that is to say;

However, article 145 of the Federal Constitution is for the appointment of the Attorney-General, they are politically appointed by the Yang Di-Pertuan Agong on advice of the Prime Minister, so you would have to be active in politics to get that position. 

Section 376(1) of the Criminal Procedure Code: The Attorney-General is also a Public Prosecutor at the same time and has the control and direction of all criminal prosecutions and proceedings under the Malaysian Criminal Procedure Code. 

Keep in mind, sub-section (3) states that the Public Prosecutor may appoint fit and proper persons to be Deputy Public Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers expressed to be exercisable by the Public Prosecutor personally. 

Therefore, it would be advisable to go the Attorney-General's Chambers and write an email or personally meet the Registrar there if you would like to apply. 

3) Judges in Court: There are two tier of hierarchy in Malaysia that is the superior and subordinate courts. Both tiers, you are able to apply to be judges. 

Superior Courts

In the Federal Court, Court of Appeal and High Court, judges are only appointed by the Yang Di-Pertuan Agong on the advice of the Prime Minister as according to article 122B of the Federal Constitution, so again you have to be very vocal and interested in politics. 

Subordinate Courts

For the Sessions court, we would have to refer to section 60 of the Subordinate Courts Act 1948 where it provides that; No person shall be appointed to be a Sessions Court Judge unless he is a member of the Judicial and Legal Service of the Federation: Provided that this section shall not prevent the appointment of a person to act temporarily as a Sessions Court Judge.

Though, it is politically appointed if we refer to section 59(3) of the Subordinate Courts Act 1948 where the Yang Di-Pertuan Agong may appoint as many Sessions Court judges, on the recommendation of the Chief Judge. 

For a First Class Magistrate, it is also political if we refer to section 78 of the Subordinate Courts Act 1948 that is it he State Authority, upon recommendation of the Chief Judge appoint any fit and proper person for that State. Section 79 of the Subordinate Courts Act 1948 also applies similarly for a Second Class Magistrate. 

Moreover, under section 78A of the Subordinate Courts Act 1948 adds the additional requirement that only if he is a member of the Judicial and Legal Service of the Federation

Overall, what is meant by Judicial and Legal Service of the Federation is provided under article 144(1) of the Federal Constitution that is, to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the service or services to which its jurisdiction extends, namely Legal Officers. 

You may be wondering why certain positions are politically appointed, as this was already provided under article 132 of the Federal Constitution, especially for top positions and ranks. 

4) Police Personnel: Where you could apply to be an inspector, sergeant, constable and other positions, though most of the requirements would look at theses matters;

(a) Ages between 18-28

(b) Degree Graduate (including law) and PhD

(c) Height that is 163 for men and 157 for men at least

(d) Weight of 50 kg for men, 48 for women

(e) BMI between 19 to 26

(f) Pass the eye vision test

(g) Non-colour blind and no hearing impediments

(h) Checked healthy by a medical practitioner. 

5) SPRM, Immigration, customs and JPJ personnel: You may refer to this website here as they generally allow law student graduates to apply, since the law is applied in various statutes, including Malaysian Anti-Corruption Commission Act 2009, Road Transport Act 1987, Customs Act 1976 and the Immigration Act 1959/1963. 

Many more to come, including the Elections Commissions, the Armed Forces, respective ministries, Government agencies and departments and etc. 

6) Legal Advisors: You may become advisors to companies and banks, such as Maybank, Bank Rakyat, or any other statutory bodies formed by Parliament, or any organizations, GLCs as surely they would enter into contracts, form agreements and it is without doubt that there will always be legal implications and liabilities. You may however, have to check on their own respective websites for further reading. 

Conclusion

It's still a bumpy road up ahead, but we all have the gist and feeling of where we should be going. Life is full of percentages and possibilities, though to tweak any anomalies or form new equations would is inherently dependent, again on our own personal choices and decisions. 

References;

https://semakanonline.com/jawatan-kosong-polis/

http://www.spkp.gov.my/portal/eng/index.php

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Courts%20of%20Judicature%20Act%201964%20%5BAct%2091%5D.pdf

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%2092%20-%20Subordinate%20Courts%20Act%201948.pdf

http://www.kehakiman.gov.my/en/about-us/court/lower-court/jurisdiction-session-court-and-magistrate-court

http://www.catholiclawyersmalaysia.org/sites/default/files/act_593-criminal_procedure_code.pdf

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20166-(3%20Ogos%202018).pdf

188-Article%20Text-768-1-10-20151229.pdf

http://www.agc.gov.my/agcportal/index.php?r=portal2/left&menu_id=MHIvOHJPcVhTeURUK1VPWFZnKzV2UT09

https://www.unafei.or.jp/publications/pdf/RS_No53/No53_25PA_Hassan.pdf

https://www.jobcari.com/2018/03/cara-memohon-jawatan-di-suruhanjaya.html

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