Tindakan pihak berkuasa negeri dan pihak berkuasa tempatan terhadap kes pelanggaran syarat guna tanah

Abstract

Breach of land condition is an issue that often occurs and should be given attention. The breach of condition’s issue not only affects the authority, but indirect give negative impact on the local and the environment. Breach of conditions caused by various factors, one of the factors is the difference in law between the State Authority (SA) and the Local Authority (LA) as parties responsible for the land development. This research is conducted to help both authorities, the SA and LA in resolving cases involving conflict of laws. Therefore, this study will be conducted to identify the provisions of the legislation relating to the case breach of conditions, study the actions taken by SA and LA, and study the application of section 108, National Land Code (NLC) 1965 for cases breach of land condition that involving difference of laws. To achieve these three objectives, methods of collecting data obtained from primary sources and secondary sources. Primary data from interviews were analyzed to obtain the final result. Based on the findings, action taken by the SA and LA is different according to the circumstances of the case and the application of section 108 is applicable in an action taken by LA. The final results and the suggestions made hopefully can benefit all the parties involved in managing cases of breach of condition of land that involving two different agencies.