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Many developed countries recognise the importance of heritage conservation and the destruction of heritage sites as a human right infringement. Uncontrolled development has led to the demolition of heritage sites. This article explores the extent of the right to heritage through the spectrum of international instruments in identifying practical approaches in the designation and conservation process. This article is essential to highlight the best practice of heritage management in Malaysia. This study applied the qualitative method using librarybased doctrinal research. Reference to Malaysian legislation in relation to heritage conservation, such as the Federal Constitution, the National Heritage Act 2005, and the Town and Country Planning Act 1976 was made. Besides, international legal instruments, such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights were also analysed. For case reports, full courts' judgements were obtained from CLJ Law and Lexis Nexis. Secondary sources such as journal articles, conference papers, and websites were accessed online. This study found that while human rights features are present in the local legislation, their application is scarce and very limited. In the decisionmaking for the designation and management of heritage sites, there is a lack of recognition of human rights. The involvement of members of the public in the process is also limited. This article concludes that a human-rights-based approach should be emphasised to foster greater public participation in heritage designation and management. This article recommends that future research focus on reviewing the current legislation to embed human-right elements explicitly in their provisions.

Makyung is one of the many traditional performances from the Malaysian region that has shaped the Malay national cultural identity. It has been recognized as one of the Masterpieces of the Oral and Intangibles of Humanity in 2001 as well as part of intangible cultural heritage having significant cultural values propounded by the UNESCO International Convention for the Safeguarding of Intangible Cultural Heritage of 2003 (ICH Convention). However, the State of Kelantan had enacted the Entertainment Control and Places of Entertainment Enactment (1998) (KECE 1998) that clearly prohibits any entertainment containing prohibited elements according to Islamic principles. Currently, the performance of makyung was allowed with certain modifications but recently, there is an intention by the state government of Kelantan to prohibit Makyung totally. It is to be noted that there are overlapping powers between the Federal and the State jurisdictions with regard to the safeguarding of makyung. At federal level, the National Heritage Act 2005 (the NHA) is the existing law in Malaysia for the safeguarding of intangible cultural heritage inspired by the establishment of the ICH Convention. However, the NHA is a general law that is inadequate at giving comprehensive protection to makyung since heritage matter falls under the Concurrent List of the Ninth Schedule of the Federal Constitution where the State also has the legislative power to make law with regard to the same. In order to address this conflict, there is a need to examine the provisions in the Federal Constitutions, the NHA, KECE 1998 and evaluate to what extent these laws safeguard the performance of makyung. This study examines the conflicts in powers between both Federal and the State Legislations which powers are guaranteed by the Constitution. This study uses the qualitative research method, where a doctrinal research is conducted. This paper contends that, both powers must come to a compromise and meet halfway for the preservation of the heritage.

Contrary to many short-term accommodation operators (STAs), short-term accommodations in Malaysia are subjected to laws relating to land and town planning. In the light of the ignorance of the STA operators about the legal aspects of STAs and complaints received by both the industry players (registered hoteliers) and the general community at large, this paper addresses the elements of an express condition of the land, usage of the property and licensing of the STAs in Malaysia. This paper uses the library-based approach, where the analysis of relevant legislation, newspaper report, decided cases, and journal articles are made. A comparative study with selected states in the U.S.A is made concerning the legal status of the short-term rentals.

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