KUCHING: Sarawak’s move to challenge the validity of three federal petroleum laws in the Federal Court is a strategic step that anchors the state’s fight for resource rights firmly within the Federal Constitution, says analyst Samirul Ariff Othman.
Samirul, an adjunct lecturer at Universiti Teknologi Petronas, described the legal action as a deliberate and consequential escalation, noting that what was once viewed as a regulatory disagreement with Petronas had evolved into a fundamental question of constitutional law.
“The question is no longer how a national oil company operates within Sarawak, but whether, and on what constitutional basis, federal petroleum laws extend to resources off Sarawak’s shores,” he was quoted as saying in an FMT report.
Yesterday (Feb 23), the Sarawak government filed a petition to challenge the Petroleum Development Act 1974 (PDA), the Continental Shelf Act 1966, and the Petroleum Mining Act 1966. This follows an earlier application by Petronas in January seeking judicial clarity on its own operations in the state.
Samirul explained that Sarawak is acting as a “constitutional actor” rather than just a respondent. He emphasized that the state’s posture is “calibrated rather than confrontational,” as it seeks to resolve legal ambiguities through the highest court rather than through public disputes.
“Sarawak is not rejecting the federation or questioning national unity,” he clarified. “Instead, it is asserting that unresolved constitutional questions are best settled through judicial determination.”
For investors, Samirul believes this shift to a rules-based legal process is a “stabilizing development” because it replaces informal bargaining with institutional clarity. He noted that the court’s ruling could either reaffirm the current federal framework or lead to a major recalibration of state and federal powers.
Ultimately, Samirul views this as a test of Malaysia’s maturity as a federation, suggesting that a clear court decision will provide the legal certainty needed for the long-term stability of the country’s oil and gas industry.
