Melayu dan tanah: kajian kes terhadap enakmen no.63 (tanah simpanan bagi orang melayu) di Kedah, 1930-1941
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Date
2014
Authors
Ismail, Nadiah
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Abstract
This thesis discusses the issue of Malay Reserve Land (MRL) in Kedah from a historical perspective based on an analysis of the implementation of the Malay Reservation Enactment in Kedah from 1931 until 1940. The transfer of land ownership to non-Malays, whether through mortgage or sale, was a common phenomenon in the Malay States. Historical research shows that 9 out of 10 pieces of Malay-owned lands were lost or sold to non-Malays. The basic aim of the Malay Reservation Enactment was the perpetuation of the ownership of lands under Malay settlement and cultivation in the hands of the Malays and hence the preservation of the social, economic and physical integrity of the Malay peasantry. Malay Reservation land has always been and continues to be an important aspect of Malaysian land development. Some parties regard the endorsement of “Malay Reserve” as an obstacle to the agenda of general development. Others understand the endorsement as a privilege and a safeguard of Malay interests. The objectives of this thesis are to stop lands belonging to the Malays from being transferred to the hands of non-Malays and to prevent Malay reserve land from being used as a business transaction. The enactment ensures that Malay land can be handed over to the Malays only. This thesis also analyse the legal provisions and policies with regards to the preservation of Malay Reservation Land. This thesis uses history method, based on qualitative and quantitative approach. As a result, this thesis finds that is Malay land is not a sacred title where the owner’s title is absolutely secured. There
are many factors which can lead to a title be legally released from the owner with or without owners’ consent. Perhaps many who were involved were not truly aware that Malay Reservation land is a piece of entrusted land which is ought to be conserved. However, to set the Malay peasant on the right path to economic progress requires changes in their habits of thoughts and attitude as much as alterations in the land codes and enactments and economic policies.