Land Registration of Titles at Stake: West and East Malaysia Compared

Abdullah, Nuraisyah Chua; Ramly, Ramzyzan; Ikhsan, Muhammad Izwan

doi:10.21834/e-bpj.v2i6.988

Cited by 6 publications

(8 citation statements)

References 14 publications

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“…Among the most common occurrences is the falsification of: original court order, identification card, issue document of title (IDT), power of attorney, signature, and transfer form (Form 14A), besides impersonating as an estate agent or as an occupant. Abdullah (2017) in her article has concluded that the number of cases concerning fraud involving title registration in Malaysia is not showing any decline. She surmises that it sufficiently proves that the title registration system in Malaysia is susceptible to fraud.…”

Section: )mentioning

confidence: 99%

“…It can even be followed by certificate duplication and/or certificate forgery, or other combinations of actions known as fraud. Fraud in the title register often creates concern for house owners as it is a breach of property rights (Abdullah et al, 2017). Among the most common occurrences is the falsification of: original court order, identification card, issue document of title (IDT), power of attorney, signature, and transfer form (Form 14A), besides impersonating as an estate agent or as an occupant.…”

Section: )mentioning

confidence: 99%

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Land Registration Acceleration in Indonesia: A Lesson-Learned Guideline From Land Registration Issues in Malaysia

Yubaidi

Mohamad

Aziz

2022

UUM Journal of Legal Studies

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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.

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Section: )mentioning

confidence: 99%

Section: )mentioning

confidence: 99%

Land Registration Acceleration in Indonesia: A Lesson-Learned Guideline From Land Registration Issues in Malaysia

Yubaidi

Mohamad

Aziz

2022

UUM Journal of Legal Studies

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“…The main cause of increasing fraud cases is vulnerabilities in the current registration system at the Land Office, which can be exploited by attackers. Therefore, there is a need to ensure that the registration system is secure, safe, reliable, and fraud-proof [15].…”

Section: What Are the Challenges And Defects In The Land Registry System In Malaysia?mentioning

confidence: 99%

“…This proves the injustice of the current system judgment on the innocent purchaser. Abdullah et al [15] conducted a study on indefeasibility and the concept of federalism in Malaysia's land administration system. From their study, they found an increasing number of cases regarding title registration fraud in Malaysia.…”

Section: Introductionmentioning

confidence: 99%

Blockchain-based adoption framework for authentic land registry system in Malaysia

2021

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Land registration systems are very essential for property ownership management. The exited land registry systems are less efficient and timeconsuming and expose to human errors. By using blockchain technology, most of the principles of good governance in land administration such as transparency and efficiency can be fulfilled. However, there is a lack of experience in developing blockchain-based land registry systems. This paper proposes a blockchain-based adoption framework for land registry management in Malaysia. It elaborates more on developing a prototype that fulfills the main functions of current land registration by using smart contract functionalities. Also, this paper illustrates the main challenges of adopting this technology such as expertise shortage of software developers, implementation difficulties due to scalability of the land transactions, data sharing with different types of blockchain and lack of security attacks resistance. Therefore, there is a need to form an agreed-upon blockchain development platform that meet such constraints.

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“…On the other hand, many citizens tend to suffer from fraud. Because of the rising number of fraud and the poorness of the registration system in the country, the current research has the objective of providing a solution to the mentioned issue [3].…”

Section: Introductionmentioning

confidence: 99%

Web-Based Land Registration Management System: Iraq/Duhok Case Study

Mohammed

Zeebaree

Tiryaki

et al. 2021

JASTT

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In this era, technology is playing a central role in many areas of human life, but the classical hardcopy-based approaches are still being used for land registration. The Internet-based methods provide excellent facilities for overcoming the drawbacks of handwritten-based style and communication among different government sectors. Nowadays, Information and Communication Technology (ICT) is used to build professional electronic systems as big steps towards the electronic government (E-government) system. One of the most critical sections of the E-government is the E-Land-Registration (ELR). Duhok Land Directorate, together with its sub-directorates, works on a considerable amount of data to process. These directorates suffer from the classical hardcopy-based approaches, so building an ELR system will reduce time consumption and paper waste. The improvement of the land registration system will also allow integration with the E-government system. The progress of the land registration will enable communication between the land registration staff on one side and the administration and financial directorates on the other. In this thesis, an efficient ELR system for Duhok land registration is proposed. The services of the database management system cover Employee Registration Module, Estates Registration Module, Operation Type Module, Estate Owners Module, Estate Status Module, View Information Module, and Login Employee Module. HTML, CSS, PHP, MySQL, JavaScript, jQuery, Ajax, and Bootstrap tools were used for the design and implementation stages of the proposed ELR.

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Land Registration of Titles at Stake: West and East Malaysia Compared

Cited by 6 publications

References 14 publications

Land Registration Acceleration in Indonesia: A Lesson-Learned Guideline From Land Registration Issues in Malaysia

Land Registration Acceleration in Indonesia: A Lesson-Learned Guideline From Land Registration Issues in Malaysia

Blockchain-based adoption framework for authentic land registry system in Malaysia

Web-Based Land Registration Management System: Iraq/Duhok Case Study

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