文章基本信息

标题：Malaysian Land Tribunal: Necessity or Sheer Hospitality
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作者：Mimi Sofiah Ahmad Mustafa ; Yuhanza Othman ; Marziana Abd Malib 等
期刊名称：International Journal of Academic Research in Business and Social Sciences
电子版ISSN：2222-6990
出版年度：2020
卷号：10
期号：7
页码：761-775
DOI：10.6007/IJARBSS/v10-i7/7605
语种：English
出版社：Human Resource Management Academic Research Society
摘要：Tribunal plays as an alternative channel for the public to bring a claim against another party due to its informality, low in cost and speedy process. Since 1999, the Malaysian government has formed several tribunals including the Tribunal for Consumer Claim (TCC) to hear and determine all consumer claims relating to consumerism under the Consumer Protection Act 1999 (CPA). Then in 2002, the government established a Tribunal for Homebuyer Claims under the Housing Development (Control & Licensing) Act 1966 to deal with all disputes involving house buyers and housing developers. Despite of wide jurisdictions governing both tribunals, there is still lacking in jurisdiction with regards to land issues such as disposal of land, lease of land, rent, recovery of land, interest in land and trespassing on land. Due to that, the claimant needs to bring the case to civil courts which are costly with strict procedures to comply to. This paper analyzed the existing law regarding land dealings and studied the possibility of having a new tribunal which specifically hears cases involving land dealings. It also looked at the possibility of having the concept of sulh in the tribunal proceeding. This doctrinal research, using a qualitative method, had most of its data collected through library research and internet resources. Other than that, to achieve the objectives of this research, several experienced lawyers, people linked to tribunals such as those working at TCC and bank legal advisors and experts from the Islamic Department were also interviewed. All respondents interviewed and the library research showed that there is a necessity to establish a body outside the court system to handle land cases so as to reach speedier decisions.