Part IXA of the Strata Titles Act 1965 ("STA") provides for the establishment of the Strata Titles Board ("STB"). STB is given the mandate to exercise quasi-judicial functions with regards to matters relating to multi storey buildings. The rationale for establishing the STB is to protect the interest of the parcel owners. However, the STB shall be abolished with the proposed enactment of the Strata Management Act 2013 ("SMA"). In line with Section 102 of the new Strata Management Act, the STB will be replaced with the Strata Management Tribunal ("SMT") in accordance with Part XI of the SMA. In theory, it is anticipated that the establishment of the SMT will address the strata titles management disputes particularly with regards to the failure on the part of the parcel owners to pay maintenance fees and issues on the election of their committee members. The aimed of this paper is to discuss the SMT in accordance with Part XI of the SMA with comparison to the STB, Singapore and the three (3) tiered dispute resolution processes in New South Wales, Australia. The objective of this paper is to see whether the provisions in SMA with regards to the establishment of the SMT is comparatively sufficient as provisions in the legislations of Singapore and New South Wales, Australia to address the strata titles management disputes. The research method used in writing up this paper is the qualitative research in which it will rely on the analysis of the relevant statutes, rules, regulations, books, journals, articles, thesis, seminar papers, electronic materials and various newspaper reports. The finding of this paper is that the provisions of the SMA regarding the establishment of the SMT together with the regulations to regulate the SMT may be sufficient to resolve the strata titles management disputes in a more expedient manner. It is hoped that any disputes shall be resolved more timely and efficiently with minimal costs since the parties in dispute can submit a case or claim before the SMT since not all matters may necessarily be taken to court in order for it to get resolved.

Every country has its land policy system. Indonesia employs deeds registration which refers to the Basic Agrarian Law (BAL) and Malaysia uses a title registration system called the National Land Code (NLC). Indonesia has yet to complete its land registration mandate throughout the country since the mandate was officially introduced in the BAL 1960. While Malaysia has adopted a Torrens system concerning land matters, recognising that land registration is everything. The first part of the paper focuses on beneficial ownership, confidential land ownership data, identifying land registration constraints and strengthening land administration abilities, while the second part focuses on land registration as a legal instrument and land rights ownership affirmation. The main question in this research is to analyse whether the quantity, quality and legal certainty guarantees of land registration are strongly influenced by a well-organised land registration system. Indonesia and Malaysia are still addressing weaknesses in their respective land registration systems based on issues. There is a need for improvement of roles from two main stakeholders, namely the government’s role in streamlining administration and the role of community participation in supporting successful land registration. This paper will also provide recommendations for academicians, government/institutional leaders, and legislators to assess and continuously strengthen the BAL as the fundamental principle of land law in Indonesia, especially in its land registration system and legal certainty over land registration.

Contribution/Originality: This study contributes in the existing literature in focusing on some of the views on management from the Islamic perspective which can be adapted in the management of multi storey development in Malaysia. However, there has been no direct principle that demonstrates management of stratified properties from the Islamic perspective. 1. INTRODUCTION In Malaysia, various activities are involved in stratified property management. Among these activities are obtaining and maintaining of the strata titles, negotiating tenancies and their terms and conditions, establishing a proper tenant mix through tenant selection, optimising the income from the property, maximising the capital value in the process, exploring the merger of interests with adjacent properties where possible, recognising opportunities for development potential where possible, maximising the occupancy rate of the complex, determining the rents, outgoings, service charges, implementing letting strategies, implementing advertising, promotional and publicity

The ratio between the increased demand and limited land makes affordable housing in urban areas more difficult to accommodate. Indonesia and Malaysia, as populous countries, face problems related to housing access, especially for low-income earners in urban areas. The research was undertaken for two reasons. First, problems related to housing access for low-income earners in urban areas should be solved as soon as possible. Second, it is necessary to conduct a study in order to analyze and compare these two countries in measuring low-income earners on housing access in urban areas. To this end, the normative legal approach was applied. The materials used in this study were relevant statutes, rules, regulations, journals, articles, thesis, seminar papers, and electronic materials. The result showed that the fulfillment of housing access highly depends on the state’s developmental goals. It is also associated with principles of development that each country adheres to. The government is expected to provide accurate data in measuring low-income earners on housing access. Identification of beneficiaries by combining income classification and ability to housing access may facilitate policymakers with ease when taking affirmative measures. It is necessary to suggest initiative collaboration involving academicians, business sectors, community, and government (ABCG) in Indonesia and Malaysia to provide adequate housing in urban areas.

ABSTRACT