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2021 ◽  
Vol 19 ◽  
Author(s):  
Amirul Haffiz Ariff ◽  
Suhailizan Suliman ◽  
Mohd Shahrizan Sahid ◽  
Muhaymin Hakim Abdullah

Under Section 53 of National Land Code 1965, there were lands alienated before the commencement of NLC whereby the titles do not indicate any particular category of land use and express conditions, but instead are stated as ‘Nil’. Therefore, this paper aims to describe the procedure of Fastrack NIL implementation in Johor and its consideration of zoning compliance upon the imposition of land categories and express conditions for land stated as ‘Nil’. Using content analysis and interview with selected respondent using purposive sampling, it is confirmed that the imposition of conditions or land conversion does not need to be in accordance with the zoning compliance. However, this practice is becoming a norm due to the equitable interests held by landowners and taking into account the interest of the state government, thus zoning must be considered in the Fastrack NIL application.


2021 ◽  
Vol 5 (S4) ◽  
pp. 2112-2131
Author(s):  
Nur Sarah Tajul Urus ◽  
Mus’ab Yusoff ◽  
Maffuza Salleh ◽  
Rabi’ah Muhammad Serji ◽  
Naziree Mohd Yusof

The Federal Land Development Authority (FELDA) began its innovative concept when FELDA's New Model Strategy which went through the evolutionary process in its distinctive niche was first launched in 2020.  The New Model Strategy has a significant impact on the efforts to determine FELDA's vision and direction in changing the mentality of the settlers and rejuvenating FELDA thus driving the aspect of the integrated use of modern technology, mechanisation, automation and intelligent agriculture. Besides, the implementation of the diversity of crops on farms such as pineapple, young ginger, black turmeric and herbs. FELDA is a Malaysian government agency that addresses the relocation of poor rural people to newly developed areas to improve their economic status. FELDA's original main focus was the opening of smallholder farms for contemporary crops. FELDA settlers' husband works hand-in-hand in sustaining FELDA's aspiration to increase daily household income. Typically, conflicts appear when the death or divorce of FELDA settlers occurs and their wives or heirs made property claims. FELDA land issues were discussed based on the types of land titles in the National Land Code 1965 and legal restrictions in Section 14(2) of the Group Land Act 1960.


Author(s):  
Noor Azimah Ghazali ◽  
Ibrahim Sipan ◽  
Ahmad Che Yaacob

This paper highlights and discusses the various forms and procedures involved in the registration process of waqf land and suggest the Waqf New Form (WNF) as a solution to the issues that arise in the registration of waqf land in Malaysia. The study sought to answer the following two research questions: What issues arise in the method of waqf land registration in Malaysia? In what ways can such issues be resolved? Design/methodology/approach: This study employed a qualitative research approach and used content analysis to analyse data. Data were collected through semi-structured interviews with lawyers, academicians, and executive officers from the Department of Land and Mines (DLM) and the State Islamic Religious Council (SIRC), and reviewed documents were collected mainly from the Department of Waqf, Zakat and Hajj Malaysia (JAWHAR). The study found the WNF to be a solution to the issues that arise in waqf land registration. It was developed to address the current waqf issues such as problematic registration methods, lengthy and complicated procedures, interference in the civil court jurisdiction, and idle waqf land. The WNF resolved the flaws of the previous waqf land registration system in Malaysia. The WNF will provide solutions to the current registration system within the National Land Code, 1965 (NLC), which will secure property rights in the future


2021 ◽  
Vol 39 (10) ◽  
Author(s):  
Mohd Zahirin Adnan ◽  
Robiah Suratman ◽  
Salfarina Samsudin

Tax enforcement is needed in the forms of negative incentives such as sanctions, penalties and property forfeiture to deter non-compliance on the property tax payment conduct by the taxpayers. To implement such legal actions and proceedings effectively, it is crucial for tax authority to have a set of complete process flow of the enforcement as part of the enforcement framework to ensure the law is enforced with utmost fair manner. Thus, this article aims to establish a comprehensive enforcement workflow of land tax arrears in Malaysia based on the legislations provided in the National Land Code 1965. This is done by carrying out a content analysis of the legislation in force in National Land Codes 1965, which regulates the enforcement actions by the Land Administrators and State Authorities on the land tax arrears. The authors have performed the validation of the workflow by conducting semi structured interviews with land matter experts from at the federal level and Land Administrator (state level). This article will fill the gap in discussions on complete process flow of enforcement against land tax arrears outlined by National Land Code 1965. 


Author(s):  
M.B. Uage

The article reveals the main problematic aspects of legal regulation of public relations arising from the conclusion of a land purchase and sale agreement. It is noted that in most cases the difficulties that arise with respect to these agreements are associated with a sufficient amount of documents required to conclude an agreement, as well as the procedure for use, which is established for each category of land separately. In addition, the parties are in no way insured against the risks of providing false information about the object of the transaction, and unscrupulous sellers take advantage of this, practicing fraud in the purchase and sale of land, which is by no means uncommon. In connection with these aspects, an acute question arises about improving the legislation in the field of regulation of the transactions in question. It is noted that the legal institution for the purchase and sale of land is not fully formed. The norms of paragraph 7 of Chapter 30 of the Civil Code of the Russian Federation ensure that only certain features of the land as a real estate object are taken into account. The provisions of Article 37 of the Land Code of the Russian Federation do not regulate all issues, moreover its provisions duplicate civil legislation, which in turn complicates the process of law enforcement in this area.


2021 ◽  
pp. 52-58
Author(s):  
M. Vysochanska ◽  
K. Dorozhkina

The article considers the definition of an institution proposed by various scientists as a basic concept in institutionalism, offers its own definition of this category, explains the content of the term institutional environment, builds a scheme of the institutional environment of organic production, which is divided into formal and informal frameworks. Formal ones include the Constitution, laws, procedures, orders and resolutions; the Labor Code; The Land Code; administrative responsibility; state support; tax obligations; requirements for the production of organic products; state control (supervision); certification; labeling of organic products. Informal ones include customs, traditions, culture; education and science; public opinion; moral values and ethical principles; Corporate Social Responsibility; Environmental Responsibility. Attention is focused on the interpretation of each element, as well as the influence of the institutional environment on the development of each economic entity is proved.


2021 ◽  
Vol 28 (2021) ◽  
pp. 35-45
Author(s):  
Shahrul Natasha Halid ◽  
Jady @ Zaidi Hassim

As a country with Torrens land registration system, the Registrar of Titles plays a key role in managing and maintaining the land registration in Malaysia. The powers and duties conferred upon the Registrar of Titles under the National Land Code 1965 are manifold, ranging from the power to conduct enquiries, the power to enter the Registrar’s caveat, the power to issue an arrest, the power to issue title and others. The nature of the power of the Registrar of Titles is often under judicial scrutiny due to the direct effect of the Registrar of Titles’ actions towards registration of instruments. The issue which seems to be fuddled is whether such power is considered as quasi-judicial or merely administrative? This paper undertakes to provide an answer to such a question. Content analysis will be used in this paper by evaluating the laws and case precedents in Malaysia and Australia. This paper concludes that due to the differences in the structure of the land administration organisation and also the provisions of the Malaysian National Land Code 1965 compared to those in Australia, there is a tendency for the courts in Malaysia to limit the nature of the power of the Registrar of Titles. Despite the myriad of powers and duties afforded to the Registrar of Titles in Malaysia, in reality, the powers are legally restricted and the position is merely considered as an automaton in the land registration system.


2021 ◽  
pp. 30-35
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina

The definition of the concept of turnover is absent in the provisions of the civil code and other normativelegal acts. The scientific discussion is based on the content of the concepts of turnover, civil turnover and legalregime, and their relationship. In civil turnover, most of the objects of civil rights are freely used, which ispredetermined by their inherent legal property of turnover. The civil code defines turnover as the ability ofan object of civil rights to be freely alienated and transferred from one person to another. Turnover is oftenidentified with the ability of an object to be an object of civil rights in General. The doctrine also does nothave a single point of view regarding the understanding of turnover and its relationship to the legal regime.Land plots are objects of civil turnover, participate in land legal relations as objects of civil turnover.The turnover of land plots is carried out to the extent that it is allowed by the legislation. The question ofthe correlation between land and civil legislation in regulating the turnover of land plots is relevant. Thecivil code refers the determination of the degree of turnover of land plots to the subject of regulation of landlegislation. In accordance with the land code, the turnover of land plots is carried out in accordance withcivil legislation and the code, while the content of restrictions on the turnover of land plots is establishedby the land code and Federal laws.


2021 ◽  
Vol 6 (2) ◽  
pp. 50-57
Author(s):  
Guzal Uzakova ◽  

The article provides information on the stages ofdevelopment of legislation on the use and protection of natural resources in settlements during the years of independence. There are also a number of basic theoretical rules for the use and protection of natural resources in settlements. The author substantiates the need to adopt a new version of the Land Code of the Republic of Uzbekistan.The article provides a systematic analysis of the legislation in the field of privatization of land, acceleration of urbanization, the formation of urban agglomerations, the integrated development of the urban population


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