Pembatalan dokumen hakmilik di peringkat pendaftar dan pentadbir tanah

Abstract

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,