Pemakaian Seksyen 116(1)(A) Kanun Tanah Negara 1965 bagi isu tanah berimilik terbiar

Abstract

The issue of abandoned land is causing other problems to occur particularly when the land is turned into an illegal dumping site and left unattended. Aedes mosquito breeding, poisonous animal?s threat and the increase of stray dog populations are among the most common problems. This land abandonment issue especially of “building” category can be controlled and resolved through the application of section 116(1)(a) of the National Land Code 1965. However, the issue persists as the State Authority refuses to enforce the application of the said section. Hence, this study focuses on factors affecting the State Authority not to enforce the application of the said section as well as the factors that cause landowners not to develop their land. In order to achieve the objectives of the study, the data collection method was obtained from primary sources and secondary sources. The primary data from interview sessions were analyzed to produce final findings. Respondent for this study consisted of civil servants in government departments involved with land administration, private lawyer and idle land owners. The study found that political consideration is the most important factor affecting the decision of the State Authority not to enforce this section. While the property speculation is the main factor that causes landowners not to develop their land within the stipulated period. It is hoped that this study will add scientific value to the assessment of the violation of land conditions that have so far focused on express conditions and land use categories. From the practical aspect, the results of this study are expected to assist the State Authority to re-evaluate its stance in dealing with the idle land issues and the enforcement of the time restrictions element of the implied conditions.