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Daniel Hayward (UK) worked around Europe for 15 years as a dancer, choreographer and dance writer. Following retraining in sustainable development, he now works as an international development researcher, focused on land relations, agricultural value chains, gender, and migration. As well as working for Land Portal, Daniel is the project coordinator of the Mekong Land Research Forum at Chiang Mai University, and consultant for a variety of local and international NGOs and research institutes.
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A Preliminary Study on The Formation of Land Legislation and Cadastre System in Sarawak, Malaysia
Recent decades have witnessed a perceptible impact of land policy and cadastre on the urbanisation around the globe. Land legislation and cadastre system are the tools and mechanisms in order to achieve the objectives of land policy in delivering sustainable development. According to the Federal Constitution of Malaysia, article 74 empowers the State Legislative Assemblies to enact laws for the matters under the state list while land matters are one of the subjects under the list.
THE FOREST IS OUR HEARTBEAT
Defenders of Indigenous land in Malaysia are targeted, singled out and face opposition from state authorities and private individuals when they speak up. These abuses have further disenfranchised Indigenous communities in Malaysia, marginalising them socially and harming them economically. The report examines the struggles human rights defenders of Indigenous peoples have endured as they have sought to claim their right to Indigenous lands, and the steps that should be taken by the government to ensure that they are given the protection they deserve.
Indigenous Land Rights and the Marginalization of the Orang Asli in Malaysia
Although the Orang Asli are the original, indigenous peoples of Peninsular Malaysia, they have been largely excluded from the country’s economic growth of recent decades. Rather than protect this marginalized community, state officials and private agencies regularly exploit the Orang Asli and their ancestral lands. Given that many of the Orang Asli’s prevailing challenges stem from their lack of customary land ownership, systemic change must come from the legislative level.
The Orang Asli Customary Land
This paper briefly explains the unique relationships of Orang Asli with the customary land. It further demonstrates the common views that there is a collision between the Orang Asli notion of land ownership and that of the state. In particular the discussion highlights the interpretation of customary tenure under section 4 (2) (a) of the National Land Code, 1965 and it significance with the Orang Asli customary land.
Land Registration of Titles at Stake
Registration of land title evidences an indefeasible ownership. However, many people have become victims of fraud. Due to the increase in fraud and the weaknesses of the registration system in the country, this study aims to provide solution to the problem. The paper highlights the controversy surrounding indefeasibility and the concept of federalism in the land administration systems in Malaysia. The electronic land systems and fraud prevention measures in the country are also analysed. While other jurisdictions have title assurance fund, it is not available in Malaysia.
Zoning Regulation as Land Use Control Instrument
One of local government authorities is the implementation of land use planning. Due to implementation land use planning, controlling is needed as effort for the implementation is appropriate with the planning. According to Spatial Planning Act No.26/2007, land use control instruments are zoning regulation, permit, incentive and disincentive, and sanction. In Indonesia, zoning regulation is new instrument and only a few of city that have made and uses zoning regulation as land use control instrument.
Compulsory Acquisition of Land in Singapore
This article outlines the legislative history of the Land Acquisition Act (Cap 152, 1985 Rev Ed) and the philosophy behind the legislation. The main thrust of the article is its analysis of the circumstances leading to the amendments to the Land Acquisition Act. In so doing, it also examines the development of the compensation framework and its implications for landowners. A number of landmark cases on interesting issues have also been referred to and these serve to illustrate the changing paradigms of the State and the landowners with the passage of the laws on compulsory acquisition.
Disputes And Issues Relating To Sale And Purchase Of Land In Malaysia
This chapter deals with the sale of land or building or parcel in a sub-divided building or land parcel in Malaysia. Realising that it is quite impossible to give a complete treatment of such sale and purchase transaction in just a few pages of this chapter, it is proposed that the approach taken in this writing will be to introduce such transaction to the general reader and to only elaborate the salient features, issues and disputes of a general sale and purchase of land in Malaysia.
Whither Torrens Title in Singapore?
The Torrens system was designed to deal with problems of 19th century conveyancing practice and it is questionable whether it meets the needs of the 21st century. The doctrine of immediate indefeasibility of title exacerbates the growing problem of identity fraud and is capable of causing much injustice, which in itself leads to a high volume of litigation. This article considers the possibility of reform, in particular the introduction of a comprehensive insurance scheme and a move away from immediate indefeasibility.
Development Assessment of the Singapore Land
Urban indicators plays an important role in the planning and sustainable development of the cities. This paper presents a methodology to determine the favorability index for development of Singapore based on land cover. The ‘City Index’ of Singapore was calculated using five indicators – Social, Environmental, Industrialization, Economic, and Naturality. Two indices ‘Environmental Capacity of Development’ and ‘Land Restriction’ were used as correction factors in the Singapore favorability index for development determination.