An Innovative Operational Framework for an Independent Intangible Cultural Heritage Commission in Malaysia

Abstract

The governance of intangible cultural heritage (ICH) in Malaysia remains structurally constrained by fragmented federal–state jurisdiction, legal pluralism, and the limited authority of existing heritage institutions under the National Heritage Act 2005 (Act 645). Although Malaysia possesses a rich and diverse cultural heritage, current governance mechanisms remain largely advisory in nature and lack the institutional autonomy and enforceable authority necessary to address complex disputes involving federal agencies, state religious authorities, indigenous customary systems, and local communities. This study proposes an innovative operational framework for establishing an Independent Intangible Cultural Heritage Commission (IICHC) in Malaysia, a legally empowered, participatory governance institution capable of addressing these longstanding structural deficiencies. Employing a hybrid qualitative methodology integrating doctrinal legal analysis, legal pluralism theory, comparative institutional evaluation, and case-based analysis, the study examines constitutional, statutory, and governance challenges within Malaysia’s existing heritage framework. Comparative insights are drawn from Indonesia, the Philippines, and Japan to identify institutional practices relevant to plural legal environments and decentralised governance systems. The findings reveal that effective safeguarding of ICH requires more than administrative preservation measures; it necessitates an autonomous institutional mechanism capable of mediating competing normative systems, harmonising federal and state policies, and empowering heritage communities through participatory governance. The proposed Commission is therefore conceptualised as a statutory body or quasi-judicial tribunal anchored upon three interrelated mandates: dispute resolution and mediation, policy harmonisation and coordination, and community empowerment and participation. The framework contributes to contemporary scholarship on heritage governance, legal pluralism, and institutional reform by demonstrating how inclusive and legally coordinated governance mechanisms may strengthen cultural safeguarding within plural constitutional systems. Furthermore, the proposed model advances Sustainable Development Goal (SDG) 16 concerning peace, justice, and strong institutions, while supporting SDG 8 through sustainable cultural tourism, creative industries, and community-based economic development.