Central and Provinsional Authorities’ Tussles In Cross Border Palm Oil Plantation Ventures in Indonesia: Experiences of Malaysian Multinational Enterprises (MNEs)

Conflict between the Central and Provincial Governments in Indonesia is one of the main hindrances for Malaysian MNEs implementing palm oil investment in Indonesia. This issue if not resolved can lead to the failure of the MNEs investment and affect FDI flows. The objective of this paper is to discuss the issues arising from conflict between the Central and Provincial Governments in Indonesia faced by the Malaysian MNEs in Indonesia. This paper provides the approaches that have been taken to address the problems. Qualitative and legal research methodologies were used in this paper. From this writing, certain data can be generated to show the severity and gravity of the problems arising from land conflict in palm oil plantation ventures in Indonesia and the approaches that have been taken to deal with the problems. The findings of the research will benefit the Malaysian MNEs in its internationalization of palm oil plantation ventures

Land Conflict in Palm Oil Land Procurement in Indonesia: Features, Issues and Approaches

Malaysia currently accounts for 39% of world palm oil production and 44% of world exports. Being one of the biggest producers of palm oil, Malaysia has an important role to play in fulfilling the global demand for palm oil. With the growing global demand for palm oil, Malaysian Multinational Enterprises (MNEs) have embarked on the expansion of palm oil plantations by venturing into cross border palm oil plantation ventures including Indonesia. Nonetheless the cross border venture may not an easy project, as the MNEs have encountered unprecedented challenges. Currently, land conflict in palm oil land procurement in Indonesia is one of the main hindrances for Malaysian MNEs implementing investment in Indonesia. This issue if not resolved can lead to the failure of the MNEs’ investment and may affect the FDI flows into Indonesia. The main objective of this paper is to explain the issue of land conflicts in palm oil land procurement faced by the Malaysian MNEs in Indonesia. This paper will reveal the approaches that have been taken to address the problems. Qualitative social and legal research methodologies were used in this research. From this, certain information can be generated to show the severity of the problems arising from land conflict in palm oil land procurement in Indonesia and the approaches that have been taken by the stakeholders to deal with the problems. The findings of the research will significantly enhance the performance of the Malaysian MNEs in its internationalization of palm oil plantation ventures

Central and Provinsional Authorities’ Tussles In Cross Border Palm Oil Plantation Ventures in Indonesia: Experiences of Malaysian Multinational Enterprises (MNEs)

Conflict between the Central and Provincial Governments in Indonesia is one of the main hindrances for Malaysian MNEs implementing palm oil investment in Indonesia. This issue if not resolved can lead to the failure of the MNEs investment and affect FDI flows. The objective of this paper is to discuss the issues arising from conflict between the Central and Provincial Governments in Indonesia faced by the Malaysian MNEs in Indonesia. This paper provides the approaches that have been taken to address the problems. Qualitative and legal research methodologies were used in this paper. From this writing, certain data can be generated to show the severity and gravity of the problems arising from land conflict in palm oil plantation ventures in Indonesia and the approaches that have been taken to deal with the problems. The findings of the research will benefit the Malaysian MNEs in its internationalization of palm oil plantation ventures

Palm oil land litigations in Indonesia: cases involving Malaysian MNE Sime Darby Plantation Berhad

Malaysia currently accounts for 39% of world palm oil production and 44% of world exports. Being one of the biggest producers of palm oil, Malaysia has an important role to play in fulfilling the global demand for palm oil. With the growing global demand for palm oil, Malaysian Multinational Enterprises (MNEs) have embarked on the expansion of palm oil plantations by venturing into cross border palm oil plantation ventures including Indonesia. Nonetheless, the cross border venture may not an easy project, as the MNEs have encountered unprecedented challenges. Currently, land conflict in palm oil plantation ventures in Indonesia is one of the main impediments for Malaysian MNEs implementing investment in Indonesia. This issue if not resolved can lead to the failure of the MNEs’ investment and may affect FDI flows into Indonesia. The main objective of this paper is to examine the case law litigation and related information elicited from qualitative sources and interviews with relevant persons involving land issues in carrying out palm oil plantation ventures in Indonesia by Sime Darby Plantation Berhad (‘SDPB’)(being a subsidiary of Sime Darby Berhad). Qualitative social and legal research methodologies were used in this writing. From this writing, certain information can be generated to illustrate the problems and their causes arising from land conflict in palm oil plantation ventures in Indonesia and the approaches that have been undertaken by the investors to deal with the problems. The findings of the writing will add knowledge to relevant persons in understanding the dynamic challenges that are faced by Malaysian MNEs in its internationalization of palm oil plantation ventures

Soil problems in housing development projects: a legal analysis

Soil problems in housing projects are potentially hazardous to house purchasers,neighborhood residents as well as the public safety with consequential economic loss. Although there are guidelines and policies supporting the housing industry in Malaysia, the occurrence of problematic soils in housing projects still persists as little regulatory control on housing project being carried out. In addition, there is no currently specific regulation exists in Malaysia to govern soil fitness in housing development projects.Soil problems are natural hazards that include land slide, soil erosion, unsuitable site conditions, or instability land location that triggering building collapses and failures to the detriment of house purchaser and stakeholders. In essence, this writing provides description on the study of legal issues pertaining to soil problems in housing projects that occur right from the outset of the development till the completion of the housing projects. These problems are diverse and the lack of enforcement in the legal framework is the primary factor. This paper aims to review the laws governing problematic soils whether the provisions had been incorporated in Street Drainage Building Act 1974, Town Country Planning Act 1976, Uniform Building By-Law 1984, and National Land Code 1965.Similarly, other related acts that govern the soil problem will be examined too. By using legal research method, the study adopts case law where judicial decision being the primary source to highlight the legal problems in relation to problematic soils. The study also includes interview that forms as part of the research validity. It is timely that these legislation's need to clearly define the responsibility and liability of stakeholders and the local authority which this stand as loopholes in the law. This issue of soil problems is not resolved, and the public complaints are mounting which if not well addressed, it is anticipated that the housing industry will experience future catastrophic losses. It is always the house purchasers who become victims and residents living in the neighborhood might be affected too

Overview on laws in housing estate flood disaster: Historical perspectives on land use planning

Developmental projects are mushrooming in Malaysia.This has contributed to the cases of flood disaster in Malaysia environment which affect various parties especially the communities. The recent flood disasters in Malaysia have caused substantial losses of lives and properties. Efforts have been taken to control this issue. These efforts include legal mechanism in the management of flood control to protect the rights of all victims.The aim of the government is to provide adequate quality and sustainable housing accommodation to citizens.It is evident that flood disasters have affected the well-being of residents in housing estates.Thus, it is necessary that flood disaster should be adequately controlled through concerted efforts including legal means.This paper intends to provide an overview on laws related to early stage of development housing estate; focusing on land and planning authority.Thus, this paper will discuss issues on land and planning authority as this is essential part in providing safety to the public against floods issues in an era of increased complexity and uncertainty

Developing refined laws against flood disasters in housing estate in Malaysia: an anthropological approach in land use planning

The recent flood disasters in Malaysia have caused substantial losses of lives and properties.Efforfs have been taken to control flood disasters.These efforts also include legal mechanism in the management of flood control to protect the rights of all victims.It is a trite fact that housing development projects are mushrooming in Malaysia.The aim of the government is to provide adequate quality and sustainable housing accommodation to citizens.It is evident that flood disasters have affected the well-being of residents in housing estates.Thus, it is necessary that flood disaster should be adequately controlled through concerted efforts including legal means.This paper intends to map in the early stage in developing refined law against flood disaster in housing estate; focusing on land and planning authority.Thus, discuss land and planning authority as this is essential part in providing safety to the public against floods issues in an era of increased complexity and uncertainty

Reference to Mazhab in fatwa deliberation: analysis on the administration of Islamic law in Malaysia

The four major sects recognized in Islam in understanding the Syariah law are the Hanafi, Maliki, Syafie and Hanbali. In Malaysia, Article 3 of the Federal Constitution stipulates that Islam is the Religion of the Federation without elaborating further on sectarian aspect that needs to be followed by Muslims in the country. For the majority of Muslims in Malaysia, Shafie sect is a reference and guidance in their daily practice. The question arises, what is the legal position regarding reference to the sect in the fatwa deliberation in the states of Malaysia. By using content analysis method, this article examines the provisions of laws in the states of Malaysia in regulating the fatwa affairs. This study found that, the majority of laws regulating fatwa affairs in the states of Malaysia have stipulated that the reference to the accepted view (qaul muktamad) of the Syafie sect is a priority in the Syariah deliberation. However, if that accepted view (qaul muktamad) is contrary to the public interest, then the reference to the accepted view (qaul muktamad) of the Hanafi, Maliki or Hanbali sects can be used as a reference. The study also found that only the state of Perlis, which provides a reference to the al-Quran and al-Sunnah in the fatwa deliberation by the State Fatwa Committee

Forbidding the tragedy of commons; conserving indigenous knowledge through indigenous peoples and local communities entitlement for future generations from the perspectives of intergeneration justice

Conserving indigenous knowledge (IK) has long been discussed in international fore for more than five decade.The core issues is there is unanimity among scholars, governments, indigenous peoples and local communities on whether and how issue of IK could be harmonise within intellectual property rights law framework particularly copyrights. This paper aims to highlight the issues of conserving indigenous knowledge since indigenous knowledge does not belong to one generation but all generations. Discussion will embark on from the perspective of intellectual property jurisprudence through the works of Henry Reynolds, James Tully and Will Kymlicka.The outcome of this paper demonstrates promising thought into the role of intergeneration justice in protecting indigenous peoples in Malaysia.It is the contention of this paper that perhaps such conditions could apply to traditional knowledge too in addressing the plight of indigenous peoples