CUSTOMARY LAND RIGHTS OF ORANG ASLI: A CASE STUDY IN KAMPUNG PARIT GONG, NEGERI SEMBILAN, MALAYSIA

The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly depends on their land and the surrounding area. Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. This poses a challenge to some Orang Asli communities and State Governments. Based on focus group discussion, profiling survey, and library research methods, this paper analyses the land rights of Orang Asli in Peninsular Malaysia, by placing focus on Orang Asli in Kampung Parit Gong, Jelebu, Negeri Sembilan. The findings indicate that the Kampung Parit Gong Orang Asli community has been strictly adhering to the customs of ‘adat perpatih’ since yesteryears, and that they highly value the land, both through usage of land and by inheritance. Several important concerns were raised by the Orang Asli in Kampung Parit Gong, particularly on the security over their rights on the said customary land and the guarantee of their future generations’ socio-economic wellbeing. Having said that, this paper proposes several legal and administrative measures to not only address the uprising issues, but also to ascertain that the rights of Orang Asli residing in Peninsular Malaysia are secured.

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Ethnic Tourism: A Case Study of Language and Culture Preservation of the Bateq Indigenous Group of Orang Asli in Peninsular Malaysia

SHS Web of Conferences ◽

10.1051/shsconf/20141201071 ◽

2014 ◽

Vol 12 ◽

pp. 01071

Author(s):

Salasiah Che Lah

Keyword(s):

Peninsular Malaysia ◽

Orang Asli ◽

Language And Culture ◽

Ethnic Tourism ◽

Indigenous Group

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Fractured Governance and Local Frictions: The Exclusionary Nature of a Clandestine Land Market in Southern Zambia

Africa ◽

10.3366/e0001972009001259 ◽

2010 ◽

Vol 80 (1) ◽

pp. 36-55 ◽

Cited By ~ 13

Author(s):

Nicholas J. Sitko

Keyword(s):

Land Tenure ◽

Land Rights ◽

Land Market ◽

Land Markets ◽

Private Land ◽

Land Administration ◽

The Social ◽

Customary Land ◽

Rural Zambia

This article explores the ways in which efforts to expand private land tenure, coupled with the continued centrality of customary land administration in Zambia, produce a fractured system of land governance in which localized markets for land emerge but are forced to operate in a clandestine manner. Using ethnographic and archival data sources, I argue that despite the historical and contemporary relationship between land rights and economic ‘development’, the clandestine nature of land markets in rural Zambia tends to (re)produce many of the social ills that ‘development’ seeks to resolve. Using a case study of a clandestine market for land in a Tonga-speaking region of southern Zambia, this article shows how these markets undermine women's rights to land, while allowing for the consolidation of wealth and power in the hands of a few.

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PERLINDUNGAN HUKUM BAGI TANAH ULAYAT MASYARAKAT ADAT KESULTANAN DELI AKIBAT NASIONALISASI NV DELI MAATSCHAPPIJ [Legal Protection of the Communal Land Rights of the Deli Sultanate due to the Nationalization of NV Deli Maatschaapij]

Law Review ◽

10.19166/lr.v20i1.2401 ◽

2020 ◽

Vol 20 (1) ◽

pp. 46

Author(s):

Jeremy Aidianto Naibaho ◽

Bambang Daru Nugroho ◽

Yusuf Saepul Zamil

Keyword(s):

Indigenous Peoples ◽

Legal Protection ◽

Land Rights ◽

Library Research ◽

National Economic ◽

Communal Land ◽

The Government ◽

Plantation Company ◽

Customary Land ◽

The Impact

Abstract Nationalization of a Dutch-owned plantation company, NV Deli Maatschappij, was an attempt by the government to improve national economic situation. However, during the process, communal land which was concessioned to the plantation, was also nationalized and not given compensation by the government which resulted the indigenous people of Deli Sultanate losing their customary land. The former plantation land was converted to Cultivation Rights and handed over to the State Plantation Company This problem led to a prolonged conflict over ownership of the former estate. The purpose of this study is to determine the validity of the nationalization process carried out by Indonesian government on the existence of indigenous peoples’ customary land rights and obtain settlement of customary land rights of indigenous peoples as the impact on nationalization. Furthermore, this research is normative legal research (library research) with a statutory approach (statue approach). Keywords: Nationalization, Communal Land, Compensation Abstrak Proses nasionalisasi Perusahaan Perkebunan milik Belanda, yaitu NV Deli Maatschappij adalah upaya pemerintah untuk memperbaiki perekonomian Negara. Namun dalam pelaksanaannya tanah ulayat yang dikonsesikan kepada perkebunan juga ikut ternasionalisasi dan tidak diberikan ganti kerugian oleh pemerintah yang berakibat Masyarakat Adat Kesultanan Deli kehilangan tanah ulayatnya. Tanah bekas perkebunan diubah menjadi Hak Guna Usaha dan diserahkan kepada Perusahaan Perkebunan Negara. Hal ini menimbulkan konflik berkepanjangan tentang kepemilikan tanah bekas perkebunan tersebut. Penelitian ini merupakan penelitian hukum normatif (library research) dengan pendekatan undang-undang (statue approach). Tujuan penelitian ini adalah untuk menilai keabsahan proses nasionalisasi yang dilakukan oleh pemerintah Indonesia terhadap eksistensi hak ulayat Masyarakat Adat dan memperoleh penyelesaian sengketa tanah ulayat Masyarakat Adat sebagai dampak atas nasionalisasi. Kata Kunci: Nasionalisasi, Tanah Ulayat, Ganti Rugi

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The Struggle of Orang Asli in Education: Quality of Education

Malaysian Journal of Social Sciences and Humanities (MJSSH) ◽

10.47405/mjssh.v5i1.346 ◽

2020 ◽

Vol 5 (1) ◽

pp. 46-51

Author(s):

Aidil Fitri Sawalludin ◽

Charmaine Lim Jia Min ◽

Mohamad Izzuan Mohd Ishar

Keyword(s):

Secondary School ◽

Education Institution ◽

Peninsular Malaysia ◽

Education Quality ◽

Quality Of Education ◽

Minority Communities ◽

Orang Asli ◽

The Government

This article is a case study on the education of Orang Asli in Malaysia. Indigenous people or “orang asli” are the oldest inhabitants of Peninsular Malaysia but they are the minority among the total population in Malaysia. A study showed that around 50 percent of the students from the Orang Asli community do not further their study in secondary school after finishing their primary school and only 30 percent of students of Orang Asli finish their secondary school, which is less than half of the national average. The statistics of the education progress of Orang Asli are quite worrisome for a lot of parties especially the government and there are a lot of factors that contribute to those, not good-looking results. In order to improve the quality of education, studies on the challenges faced by the Orang Asli are a must. There are a lot of factors causing that specific problem. One of the factors is would be the awareness amongst the Orang Asli community towards education and another factor is would be the Orang Asli accessibility to their nearest education institution. In a nutshell, the Orang Asli are the minority communities that had been marginalized for decades and to achieve the aim to reduce poverty and uplift quality of life them, education is the main key to success.

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Lifestyle Related Diseases amongst Orang Asli in Peninsular Malaysia-Case Study

Procedia - Social and Behavioral Sciences ◽

10.1016/j.sbspro.2012.03.042 ◽

2012 ◽

Vol 36 ◽

pp. 383-392 ◽

Cited By ~ 2

Author(s):

Che Noriah Othman ◽

Roz Azinur Che Lamin ◽

Maryam Farooqui ◽

Norsabrina Sihab ◽

Sa’adiah Mohd Said

Keyword(s):

Peninsular Malaysia ◽

Orang Asli ◽

Lifestyle Related Diseases

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Urban Labour Productivity and Regional Development Strategies

Environment and Planning A Economy and Space ◽

10.1068/a120449 ◽

1980 ◽

Vol 12 (4) ◽

pp. 449-461

Author(s):

L H Wang ◽

S L Wong

Keyword(s):

Regional Development ◽

Manufacturing Industry ◽

Developing Economies ◽

Labour Productivity ◽

Peninsular Malaysia ◽

Development Strategies ◽

Development Theory ◽

The Common ◽

Regional Development Strategies

This paper, using the manufacturing industry of Peninsular Malaysia as a case study, reveals that the common assertion of a positive relationship between labour productivity and urban size may have exceptions, particularly in developing economies. Attempts are made to explain such a discrepancy and to examine the problem of regional development strategies and spatial underdevelopment in a Third World context. It is argued that a more careful approach to the conceptualization of spatial structure and processes is needed if it is to contribute to the formation of a regional development theory from which appropriate regional development strategies can be derived.

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ACKNOWLEDGING LAND RIGHTS OF THE ORANG ASLI: A HISTORICAL PERSPECTIVE OF LAWS IN PENINSULAR MALAYSIA

IIUM Law Journal ◽

10.31436/iiumlj.v25i1.309 ◽

2017 ◽

Vol 25 (1) ◽

Author(s):

Izawati Wook

Keyword(s):

Historical Perspective ◽

Common Law ◽

Minority Group ◽

Land Rights ◽

Legal Positivism ◽

Legal Rights ◽

Research Approach ◽

Orang Asli ◽

The Law ◽

Customary Land

The perspective that the Orang Asli communities do not have legal rights to their customary land remains despite common law recognition by the courts in a series of cases since two decades ago. To the contrary, this article argues that such a perspective has no basis under the law. By using a historical research approach, it is shown that it has never been the case under the law, policy and practices that the customary land of the Orang Asli was denied their entitlement. In practice, the law and official policy and their development in history observe and acknowledge the existing rights to land and resources, which arose from custom of the local inhabitants including the Orang Asli. The law inherently recognises the Orang Asli as having their own distinct political and social identities. The article provides a historical perspective of law and official practices in the Malay Peninsula in relation to land rights of the Orang Asli and trace their origin to British conduct in North America and the Indian Empire which directly influenced their actions in the Malay states. The reality is that, rather than the denial of the land rights of the Orang Asli under the law, there were other factors that led to the continued loss of their land. Conflicting economic interests and cultural attitudes compounded by a change towards legal positivism that came to prevail both, in international law and national legal systems, hampered the recognition of law relating to the land rights of the Orang Asli, who are a minority group that lacks political power. Following this argument, the development of Malaysian common law, beginning from the case of Adong bin Kuwau v Kerajaan Negeri Johor in 1997 that addressed the concerns of the Orang Asli, as well as the natives in East Malaysia, is not novel; it is merely the application of a long standing legal principle in the jurisdiction.

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Formulation of Problem-Solving Design for Indonesian Informal Sector Migrant Workers Towards Post-Placement Independence: Case Study in Malaysia

Research in World Economy ◽

10.5430/rwe.v11n1p115 ◽

2020 ◽

Vol 11 (1) ◽

pp. 115

Author(s):

Waridin Waridin ◽

Bambang Munas Dwiyanto ◽

Retno Saraswati ◽

Izza Mafruhah

Keyword(s):

Migrant Workers ◽

Mixed Method ◽

Group Discussion ◽

Descriptive Statistics ◽

Common Thread ◽

Qualitative Variables ◽

The Common ◽

Hierarchy Process ◽

And Training

The large number of Indonesian migrant workers can cause many problems. This study has purposes to identify placement and migrant workers problems, to identify the placement path and the common thread of migrant workers’ problems, and to formulate a model of empowering post-placement migrant workers from Malaysia. The research method used in this study is mixed method, which is a combination of quantitative and qualitative variables. To answer the objectives use descriptive statistics are combined with Atlas, Analytical Hierarchy Process and qualitative analysis with indepth interview and Focus Group Discussion. The results show that the problems of migrant workers are divided into individuals and employers while the solution of the problem is prioritized by resolving the problems of migrant workers, completing during post-placement and training while in the shelter.

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Protecting Land Rights of Indigenous Peoples in Africa: The Land Rights of Abuja Peoples of Nigeria and Ogiek Peoples of Kenya in Comparative Perspective

African Journal of Legal Studies ◽

10.1163/17087384-12340077 ◽

2021 ◽

pp. 1-25

Author(s):

Sylvanus Gbendazhi Barnabas

Keyword(s):

Indigenous Peoples ◽

Land Rights ◽

Comparative Perspective ◽

State Law ◽

Legal Systems ◽

Legal Reforms ◽

Customary Land

Abstract This paper examines the treatment of customary land rights of indigenous peoples by State law in Nigeria and Kenya. Nigeria is chosen as a case study and Kenya has on-going legal reforms in relation to customary land rights. Both Kenya and Nigeria have plural legal systems. The objective is to demonstrate how Kenya has responded to the challenges of protecting customary land rights and how other African States, like Nigeria, should respond to similar challenges.

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THE ABORIGINAL PEOPLES ACT 1954 AND THE RECOGNITION OF ORANG ASLI LAND RIGHTS

UUM Journal of Legal Studies ◽

10.32890/uumjls.6.2015.4587 ◽

2015 ◽

Author(s):

Izawati Wook

Keyword(s):

Indigenous Peoples ◽

Legal History ◽

Land Rights ◽

Peninsular Malaysia ◽

The State ◽

Historical Background ◽

Aboriginal Peoples ◽

Orang Asli ◽

Prevailing View ◽

At Will

The prevailing view about the Orang Asli’s occupation of land and access to forest resources are that they are ‘privileges’ extended by the states or at the governments’ discretion. It is widely believed that the Orang Asli live on the State land as tenant-at-will. This paper proposes to examine the position of the Aboriginal Peoples Act 1954 (Act 153) (the APA) and trace its historical background. It takes both historical and doctrinal approaches in the legal research methodology. Situated within this historical background, the principle that developed from it and the position of the laws, the paper argues that under the principle of respect to the rights of the existing inhabitants, the law recognizes the rights of the Orang Asli to their land and resources that arose from their custom and practice. The APA establishes a framework to recognize and protect these rights. There is no legal basis for the perception that the Orang Asli live on the State land on the benevolence of the State. Keywords: Legal history; Aboriginal Peoples Act 1954; Indigenous peoples; Orang Asli; Peninsular Malaysia.

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