SHAH ALAM – Institutional reform remains crucial to ensuring Malaysia’s legal system is equipped to meet evolving challenges while maintaining public confidence, with the proposed separation of the Attorney General (AG) and Public Prosecutor (PP) roles emerging as one of the country’s most significant legal reforms.
Attorney General Tan Sri Mohd Dusuki Mokhtar said the move to split the two functions was aimed at establishing a fully independent Public Prosecutor, distinct from the Attorney General’s responsibility as the Government’s legal adviser.
“Perhaps the most significant reform currently being pursued is the separation of the roles of the Attorney General and the Public Prosecutor.
“This initiative is intended to create a fully independent Public Prosecutor function, separate from the Attorney General’s role as a legal adviser to the Government,” he said during his Premier CEO@Faculty Lecture at Universiti Utara Malaysia (UUM), titled Strengthening the Rule of Law Through Institutional Reform: Malaysia’s Roadmap for a Modern Justice System.
Dusuki described the proposed separation as an important milestone in reinforcing prosecutorial independence and strengthening public trust in the justice system.
He said the reform would also reinforce the principle of separation of powers by ensuring prosecutorial decisions are made independently and in accordance with the law.
The Constitution (Amendment) (No. 2) Bill 2026, which seeks to facilitate the reform, underwent its first reading in Parliament on Feb 23 and is currently being examined by an ad hoc Parliamentary Special Select Committee.
According to Dusuki, the parliamentary review reflects the Government’s commitment to pursuing institutional reform through proper constitutional processes and democratic accountability.
He stressed that the rule of law should not be viewed as a static concept but as a framework that must continue to evolve alongside society.
“Institutional reform is essential to ensure that Malaysia’s legal system remains relevant, resilient and worthy of public trust in an increasingly complex and fast-changing environment,” he said.
Beyond the proposed separation of the AG and PP roles, Dusuki said the Attorney General’s Chambers (AGC) continues to support broader legal reforms, including efforts to modernise outdated legislation, improve access to justice and strengthen governance frameworks.
He added that the AGC is also reviewing pre-1969 laws to determine whether they should be amended or repealed to better reflect current needs, while supporting initiatives such as the proposed Freedom of Information Bill and the establishment of Ombudsman Malaysia as part of wider institutional reforms.