encompasses customary laws, concepts, principles and practices, which also apply to the customary institutions that implement and regulate such laws, concepts, principles and practices. In turn, the adat is governed by traditional institutions which typically comprise knowledgeable and respectable elders. They are mainly responsible to promote the understanding and enforcement of the adat in their communities. They are also to guide their next generation with the knowledge so as to ensure the continued practice and respect of their customs. 24 However, the traditions that govern the Orang Asal’s way of life are slowly deteriorating in Malaysia. Besides the introduction of mainstream institutions by the Government that have forced the alteration of traditional institutions, the forced acquisition and encroachment of customary land, territories and resources by the Government and/or private proponents have also curtailed the ability of the Orang Asal to efficiently practise their spiritual and cultural rights, and therefore their identity. 25 2.3 THE CURRENT ADMINISTRATION OF THE ORANG ASAL IN MALAYSIA By virtue of Articles 73, 26 74(1), 27 and 74(2) 28 of the Federal Constitution of Malaysia, both the Federal and State legislatures have jurisdiction over the administration of the Orang Asal in Malaysia, whereby, depending on the subject matter, the administration of the Orang Asal could either fall under the Federal or State jurisdiction, or could form the Ibid. SUHAKAM (n. 9), 11, 12 26 Federal Constitution of Malaysia, (n. 11), Article 73. 73. Extent of federal and State laws: In exercising the legislative powers conferred on it by this Constitution – (a) Parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation; (b) The Legislature of a State may make laws for the whole or any part of the State. 24 25 27 Federal Constitution of Malaysia, (n. 11), Article 74: 74. Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule) 28 Federal Constitution of Malaysia, (n. 11), Article 74(2): 74(2). Without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List Set out in the Ninth Schedule) or the Concurrent List. 11