Customary Land Rights of Orang Asli: A Case Study in Kampung Parit Gong, Negeri Sembilan, Malaysia

Khan, Intan Nadia Ghulam; Mohd, Kamilah Wati; Hassan, Fareed Mohd; Wook, Izawati

doi:10.32890/uumjls2021.12.1.9

Cited by 6 publications

(4 citation statements)

References 11 publications

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“…Section 18 of the Land Code confers individual Native title, while Section 6 confers communal land rights under Native communal reserve. Similar phenomena happens in Peninsular Malaysia, where despite the existence of the Aboriginal Peoples Act 1954 which provides for the protection of Indigenous peoples (Orang Asli) of Peninsular Malaysia, the Orang Asli communities are facing huge challenges in defending their customary land (Mohd et al, 2021). Liang et al: Native land governance practice and performance in Sarawak, Malaysia…”

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confidence: 75%

Towards "Good" Native Land Governance

Toh

Tan²,

Looi³

et al. 2023

iipj

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Sarawak is the largest state in Malaysia, where two-thirds of the population are Indigenous. This study aims to evaluate, through the lens of good governance principles, the current practice of the Sarawak State’s formal land governance of lands associated with Native Customary Rights (hereafter known as Native land governance). Being quantitative in nature, this study conceptualises an evaluation framework for good governance principles as applied to Native land governance. Next, this study empirically tests out the framework by adopting a multi-criteria decision-making tool known as The Technique for Order of Preference by Similarity to Ideal Solution (TOPSIS). TOPSIS analysis enables the integration of perceptions between State/private groups and Indigenous groups. The output of the TOPSIS analysis is summarised in a strength, weakness, opportunity, and threat (SWOT) format according to the TOPSIS closeness value. Unfortunately, results show that the weaknesses outnumber the strengths in Sarawak’s Native land governance. Among these issues, Indigenous respondents highlight major issues with the Sarawak land registry’s efficiency in delivering outcomes that are equitable for Indigenous land rights. This study ends with recommendations on how the state of Sarawak can move towards compliance with good governance principles in relation to lands associated with Native Customary Rights.

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confidence: 75%

Towards "Good" Native Land Governance

Toh

Tan²,

Looi³

et al. 2023

iipj

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“…As a result, these events had led to several repercussions towards the community which is exemplified by their substantially high poverty rate of 89.4% [20], high drop-out rates [23,30], high vulnerability to various diseases [31] as well as issues concerning their loss of customary lands [23]. Although the government had conducted various initiatives and programmes that were designed and catered to improve the livelihood of the Orang Asli, however, several scholars have consistently argued that the community continue to live in a marginalised and helpless state of living in contrast to the mainstream population [21,26,33,34,35]. In fact, even the Orang Asli themselves admit their impoverished state of living [36].…”

Section: The Orang Asli As the Indigenous Peoples Of The Countrymentioning

confidence: 99%

The Orang Asli in Malaysian Media: An Approach from Transitivity Perspective

Ka Chun,

Jamal

2023

JSSH

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The Orang Asli are recognised as the country’s indigenous peoples that are often perceived as a marginalised community in the country. The present study aims to conduct a comparative study by comparing the ways the Orang Asli are being represented by the mainstream (The Star) and alternative media (Malaysiakini) from a CDA perspective. In this study, a total of six news reports were selected from The Star and Malaysiakini respectively and were analysed under Fairclough’s Three-Dimensional Framework (1995) serving as the foundational framework. The framework demonstrates the integration of Halliday and Matthiessen’s (2014) transitivity analysis and van Dijk’s (1998) Theory of Ideology in analysing the transitivity structures as well as the ideological construction of the Orang Asli in the news reports. The findings revealed that Malaysiakini represented the Orang Asli more frequently than The Star. However, the overall findings indicate that the Orang Asli are still portrayed in a stereotypical and pejorative manner. In essence, the study reveals the ideological representation of the Orang Asli by both mainstream and alternative media as illustrated by the transitivity patterns that surfaced from the analysis.

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“…In Kampung Parit Gong, the Orang Asli community has maintained its commitment to the 'adat perpatih' tradition over an extended period. Noteworthy concerns have been articulated by the Orang Asli residing in Kampung Parit Gong, primarily centered around ensuring their rights to ulayat land and safeguarding these entitlements for generations (Kamilah Wati Mohd et al, 2021).…”

Section: Introductionmentioning

confidence: 99%

The Violence in Conflict of Natural Resources Tenure Rights- Companies vs Traditional Communities in Indonesia

Sufriadi,

Ratna,

Syarifudin

2024

UUMJLS

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Over the past 12 years, the escalation of violence in conflicts arising from disputes over natural resource management rights between corporations and indigenous communities has become a growing concern across all regions of Indonesia. This abstract introduction highlights the urgent need to address the rising tensions and clashes associated with the competing claims to and utilization of natural resources in the country. Therefore, this study aimed to analyse the causes of violence and conflict resolution over natural resources using an empirical legal study with a socio-legal approach adopted through a case study in Bengkulu Province, Indonesia. Informants for the study were selected using a snowball sampling technique, ensuring a diverse and representative range of perspectives. Secondary data was obtained through a literature study by tracing information from journals, books, and the internet, and data analysis was carried out qualitatively. Furthermore, an analysis was performed on the findings of other studies concerning instances of violence in conflicts related to forest and mining resources. This research found that (1). The violence occurred because the company did not respect the customary community’s natural resource control rights. (2). However, violence can be stopped through violence or mediation (3). Resolution of violence in conflict can only be done through mediation. The authors recommend that: (1). The practice of resolving violence in conflicts of rights over natural resources through mediation needs to be strengthened by the government to realize justice for all. (2). In indigenous communities, apart from state law, the legal landscape is still heavily influenced by customary law and religious law.

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Customary Land Rights of Orang Asli: A Case Study in Kampung Parit Gong, Negeri Sembilan, Malaysia

Cited by 6 publications

References 11 publications

Towards "Good" Native Land Governance

Towards "Good" Native Land Governance

The Orang Asli in Malaysian Media: An Approach from Transitivity Perspective

The Violence in Conflict of Natural Resources Tenure Rights- Companies vs Traditional Communities in Indonesia

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