Punca ketidakpatuhan kepada seksyen 116 (1)(a) Kanun Tanah Negara 1965 oleh syarikat pemaju perumahan

Abstract

Land in the category of "building" belongs to a housing developer company that was not developed after the land development application was approved and new title was registered is a serious problem in Perak. Section 116 (1)(a) of the National Land Code (Act 56 of 1965) stipulates that land in the "building" category shall be developed within two years after the title is registered. However, the time restrictions under these implied conditions were found to be not complied by the housing developer company. Based on the review of records at the Larut Matang District and Land Office and Taiping Municipal Council, it was found that many housing schemes were not developed in Larut Matang District. Enforcement on compliance with Section 116 (1)(a) of the National Land Code (Act 56 of 1965) was also found to have never been implemented by the State Authority. Accordingly, the objective of this study is to identify land in the category of "building" belongs to a housing developer company that are not developed in Larut Matang District, to examine the causes of the land not being developed by housing developer company and to propose improvement measures for compliance of Section 116 (1)(a) National Land Code (Act 56 of 1965) by housing developer company. To achieve the objectives of this study, primary data were obtained from interviews with representatives of companies and housing developer associations, representatives of departments involved in the land development and housing industry approval process as well as legal representatives. The findings of this study were analyzed using domain and thematic analysis methods. Secondary data were obtained from reading previous studies, circulars, books and other publications that aim to further strengthen the findings of primary data. The study found that there are many lands owned by housing developer company that have not been developed in Larut Matang District. Factors that cause the land in the "building" category belongs to a housing developer company are not developed are such as the characteristics of the housing scheme site, the land development application approval process, internal factors of the housing developer company and barriers / factors beyond the control of the housing developer company. The study also found that the State Authority needs to start taking enforcement action on the provisions of this law to overcome this problem of undeveloped land ownership. It is hoped that this study will provide space for more detailed research on the enforcement of Section 116 (1)(a) of the National Land Code (Act 56 of 1965) in an effort to ensure land is developed according to the time restriction period as prescribed.