Conflict of Law in the Safeguarding of Malaysian Intangible Cultural Heritage: A Way Forward

Abstract

This paper examines the complex legal and policy landscape governing intangible cultural heritage (ICH) in Malaysia, focusing on the inherent conflicts arising from its unique federal-state constitutional structure. It argues that the current framework, primarily governed by the National Heritage Act 2005 (Act 645), is insufficient to address jurisdictional disputes, particularly when state religious authorities or local governments exercise power over cultural practices. Through a comparative analysis of Indonesia, Japan, and the Philippines, this study identifies alternative models for effective ICH safeguarding. The paper proposes a series of legal and policy reforms, including statutory amendments to Act 645, a rights-based approach to indigenous cultural rights, and institutional restructuring to create a more coherent and pragmatic framework. The analysis highlights that a way forward for Malaysia requires not just legal amendments, but a fundamental shift towards a decentralized, participatory, and rights-based approach to heritage governance that is sensitive to constitutional realities and political constraints.