Tindakan penguatkuasaan terhadap pelanggaran syarat tanah di daerah Kuala Selangor

Isu berhubung kes pelanggaran syarat tanah di Malaysia merupakan satu isu yang semakin menjadi-jadi dan perlu diberikan perhatian serius. Isu pelanggaran syarat tanah yang berlaku bukan sahaja akan mengganggu penduduk di sekitar tetapi ianya juga secara keseluruhannya akan mendatangkan impak yang negatif kepada sosial, ekonomi dan alam sekitar. Di daerah Kuala Selangor, kes-kes pelanggaran syarat tanah yang telah berlaku masih belum dapat diselesaikan sehingga kini. Selain itu, kes baru berkaitan pelanggaran syarat tanah tetap juga timbul dan ini telah menyebabkan pertambahan bilangan kes pelanggaran syarat tanah yang belum di selesaikan di daerah Kuala Selangor meningkat. Walaupun undang-undang berhubung pelanggaran syarat tanah telah lama diwujudkan dan tindakan penguatkuasaan juga telah diambil oleh Pejabat Daerah dan Tanah Kuala Selangor, namun bilangan kes pelanggaran syarat tanah di daerah Kuala Selangor tetap bertambah dari tahun ke tahun. Oleh sebab itu, kajian ini diperlukan bagi mengkaji cabaran yang dihadapi oleh Pejabat Daerah dan Tanah Kuala Selangor dalam melaksanakan tindakan penguatkuasaan terhadap kes pelanggaran syarat tanah dan mencari jalan penyelesaian bagi cabaran yang dihadapi untuk mempertingkatkan lagi kecekapan dalam melaksanakan penguatkuasaan terhadap pelanggaran syarat tanah di daerah Kuala Selangor. Bagi mencapai matlamat dan objektif kajian, kaedah pengumpulan data yang diperoleh daripada sumber data primer dan data sekunder akan dianalisa menggunakan kaedah kualitatif. Data primer diperoleh daripada sesi temubual dan pemerhatian di lapangan manakala data sekunder diperoleh daripada kajian literatur. Secara kesimpulannya, ketiga-tiga objektif dalam kajian ini telah tercapai. Terdapat empat (4) cabaran yang dihadapi oleh Pejabat Daerah dan Tanah Kuala Selangor dalam melaksanakan tindakan penguatkuasaan terhadap pelanggaran syarat tanah iaitu peraturan sedia ada tidak saling melengkapi, percanggahan peraturan diantara Majlis Daerah Kuala Selangor dan Pejabat Daerah dan Tanah Kuala Selangor, tekanan daripada ahli politik serta kekurangan kakitangan penguatkuasaan. Untuk mengatasi cabaran ini, terdapat empat (4) cadangan penyelesaian yang dikenalpasti iaitu mengadakan satu program penyelarasan tindakan penguatkuasaan, pengezonan semula oleh Majlis Daerah Kuala Selangor, mengadakan program perkongsian ilmu bersama ahli politik di daerah Kuala Selangor dan menambah bilangan kakitangan penguatkuasaan di Pejabat Daerah dan Tanah Kuala Selangor. Oleh itu, bagi memastikan tindakan penguatkuasaan ini dapat dilaksanakan dengan lebih efektif dan efisien, kerjasama semua pihak terlibat adalah amat diperlukan. Dengan adanya kerjsama semua pihak nescaya kesan positif akan dapat diperolehi demi untuk pembangunan ekonomi, sosial dan persekitaran yang lebih baik

From Mabo to Yorta Yorta: Native Title Law in Australia

In more than a decade since Mabo v. Queensland II’s recognition of Indigenous peoples’ rights to their traditional lands, the jurisprudence of native title has undergone significant development. The High Court of Australia decisions in Ward and Yorta Yorta in 2002 sought to clarify the nature of native title and its place within Australian property law, and within the legal system more generally. Since these decisions, lower courts have had time to apply them to native title issues across the country. This Essay briefly examines the history of the doctrine of discovery in Australia as a background to the delayed recognition of Indigenous rights in lands and resources. It further examines the way the Mabo decision sought to reconcile the recognition of rights with the protection of the interests of the state. In doing so, the Essay examines two strands of developing native title jurisprudence that have significantly limited the potential of native title for Indigenous peoples—the doctrine of extinguishment and the role of law and custom in the proof of native title

Pembatalan dokumen hakmilik di peringkat pendaftar dan pentadbir tanah

In practice, the process of cancellation of titles documents is under the Court’s jurisdiction as set out in Section 417 up to Section 419 National Land Code (NLC) 1965. This source of power is seen to be very good to guarantee the ownership of an individual’s land. However, there are some circumstances where the title document exists due to internal issues that may be considered to be resolve at the level of Registrar and Land Administratior in shortern period of time without complex processes. A study aimed at establishing a source of cancellation of title documents at the Registrar and Land Administrator level is seen as necessary to address the urgency of the public so that the process does not take a long time to await the decision in Court. Therefore, the objectives of this study is to identify the procedures and methods of cancellation of title documents in accordance with the existing legal jurisdiction and to determine the procedures and methods of cancellation of title documents that may be executed under the jurisdiction of the Registrar and Land Administrator. This study was conducted in four Districts in Selangor namely District of Petaling, District of Sepang, District of Kuala Selangor and District of Sabak Bernam. Interviews were conducted in a focus group of District Officer, Chief Assistant District Officer, Assistant District Officers, Registrars and Public Legal Practitioners. The findings shown that there is a need for the creation of a power source cancellation of title documents at the Registrar and Land Adminstrator level together with the procedures and methods to be made apart from jurisdiction by the Court. Therefore, this study is expected to be a proper guideline of the cancellation process could be done so that governance in land administration can be enhanced

Protections for vulnerable accused in Malaysian criminal trials: Are they sufficient? Proposal for reform

This dissertation argues that the protections for vulnerable accused in Malaysian criminal trials are not sufficient. It is crucial to ensure that vulnerable accused receive proper treatment when dealing with the court. After thoroughly scrutinising the law and practice in several other jurisdictions, this dissertation proposes several amendments to the Criminal Procedure Code and the Evidence Act 1950 to provide clear guidelines as to how to deal with vulnerable accused in a criminal trial. It is ultimately recommended that the right to give an unsworn statement be modified so that it is more effective and fair in its operation. This dissertation further recommends the introduction of an adverse inference clause for the right to remain silent at trial so accused person can better understand the effect of their choice. Recommendations are also made to introduce an intermediary service for those vulnerable accused who choose to give sworn evidence in court, and to allow a support person to accompany a vulnerable accused during trial. These amendments aim to assist vulnerable accused persons physically and emotionally, and to protect their fair trial rights

THE CONTEMPT POWER: A SWORD OR A SHIELD? – A STUDY OF THE LAW AND PRACTICE OF CONTEMPT OF COURT IN MALAYSIA.

The issue relating to contempt of court has caught the attention of people from all walks of life in Malaysia, particularly, after the controversial incidents of the removal of Tun Salleh Abbas, the then Lord President, in 1988 and the dismissal of the former Deputy Prime Minister, Dato’ Seri Anwar Ibrahim, in 1998. The judiciary is attacked and its independence is questioned. The lawyers are placed under the threat of contempt proceedings when they tried to exercise their right to freedom of speech and expression and to exercise their duty to act for their clients without fear or favour. The Bar feels that the right to freedom of speech and expression is infringed. The Bar perceives that the contempt power was being misused by the judges. The Malaysian law of contempt of court is derived from the English common law tradition and is characterised by substantial flexibility. This flexibility results in variable approaches and perceptions by judges that leave uncertainties in this area of law. Consequently, a draft of Contempt of Court Act 1999 has been proposed to the Malaysian government with the main intention of overcoming uncertainties in the law. Placing the comprehensive rules in a statute will allow easier access to and greater clarity of the law because all the rules and procedures would be found in one piece of legislation. This thesis aims to state and explain the law and the practice of contempt of court in Malaysia. This study will examine the anomalies that derived from the substantial flexibility approaches by the judges in this area of law. Thorough examination and analysis would help identifying the problems and dilemma and the way that the draft Contempt of Court Act 1999 could provide remedies for the predicaments. To illuminate the understanding of the actual practical problem, this study incorporates in-depth interviews together with questionnaire surveys. A total of 15 in-depth interviews have been conducted among the Malaysian judicial officers, advocates and prosecutors. This is further complemented by postal questionnaires sent to these selected legal actors chosen at random in accordance with their seniority, aiming at eliciting their knowledge and opinion on the subject matter at hand. The combinations of theoretical discussion on contempt of court, together with the empirical study, have proved to yield a valuable insight into the re-evaluation of the Malaysian law and practice of contempt of court. This research reveals that the uncertainties in the law of contempt of court in Malaysia were ‘caused’ by the inconsistencies in the application and approaches by the judges. The judges have unfettered discretion in determining contempt cases. The majority of the Malaysian legal actors support the idea of placing the law of contempt in a piece of legislation in order to overcome these arbitrariness and uncertainties. They hold that to have credence, the law of contempt would have to be well-defined, as in the absence of any clear guidelines it would be unmerited to imprison anyone for contempt

Mandatory detention and treatment of drug users in Malaysia : The implications for the principles of human rights

The research framework is founded upon a critical analysis of the extent to which the legal process involved in the mandatory treatment and rehabilitation of drug users in Malaysia is consistent with the principles of human rights according to the national and international human rights instruments; the Malaysian Constitution and the UDHR respectively. The mandatory treatment is based upon the principles of punishment rather than rehabilitation. The arrest and detention of these drug users, which are salient features of the legal process raises the issue of serious violations of the human rights principles. To fulfill the true objective of the government's Drug Intervention Programme (DIP) through treatment and rehabilitation at Puspen centres, by reducing drug dependency and preventing relapse, treatment must be consistent with the principles of human rights for it to be effective. Data and information were gathered from empirical research through the application of various qualitative methods: these include a case study, direct observation, semistructured and unstructured interviews with key stakeholders, focus group with former drug users and an analysis of case files. Findings revealed that the legal process of funneling 'suspected drug dependants' into treatment involved a series of breaches of the fundamental human rights principles that could not be justified. The scope of police powers with regard to the arrest and detention of 'suspected drug dependants' has been widely abused and such exercise of power has been without proper statutory safeguards to protect the rights of these individuals from such arbitrary arrest. Unnecessary prolonged period of detention have led to grave infringement of individual liberty whilst conditions of confinement and failure to provide medical assistance and medication-assisted treatment particularly during withdrawal symptoms have amounted to inhuman, cruel and degrading treatment. Lack of due process including denying the right to legal representation has caused severe legal implications upon the drug users. As a consequence, the flaw in the legal system has deprived them of their constitutional rights and in contravention of the international human rights principles. Recommendations are proposed for an immediate reform to the drug policies and procedures with paramount consideration towards a more humane and effective treatment

Judicial accountability : a study of Malaysia

This study aims to look into the practice of judicial accountability in Malaysia and at the same time contributes to the current debate calling for judicial accountability in political trials. The thesis investigates the nature of accountability on the part of the judiciary via court structure and jurisdiction, manner of appointment of judges, removal and discipline and decision-making which is named ‘adjudicative accountability’. Evaluation of adjudicative accountability is conducted in cases tried under preventive detention and security law, and criminal prosecution to eliminate political opposition involving Anwar Ibrahim, the former Deputy Prime Minister of Malaysia. The study has six chapters. The first chapter deals with the concept of judicial accountability, both theoretically and conceptually. The second chapter discusses the evolution of the concept of judicial independence in the judiciary and the position of judicial power under the constitution. It also evaluates the process of appointment and removal of Malaysian judges. The discussion of judicial accountability begins in this chapter. Chapter Three and Chapter Four look into adjudicative accountability, beginning with Chapter Three, which discusses the development of preventive detention and security law in Malaysia and the judicial approach in dealing with such cases. Chapter Four focuses on the trial of Anwar Ibrahim and comprehensive examination is conducted of the dilemma of the judiciary when having to try a case arising out of a political vendetta. Chapter Five looks at the mechanisms of supervising judicial conduct that comprise the code of ethics, parliamentary discussion and public intervention. The final chapter identifies the judiciary as accountable to the executive, compared with other forms of accountability, and offers suggestions on how to minimise executive domination and make judges accountable to the law as well as to the public

Counter-global cases for place: Contesting displacement in globalising Kuala Lumpur Metropolitan Area

10.1080/00420980412331297627Urban Studies41122447-246