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Empirical Study of Land Acquisition in Peninsular Malaysia: Achieving Equilibrium on Competing Public and Private Interests
Get PDFThe right to own property is an intrinsic human right that grants ownership and enjoyment to owners. The property right, however, is not absolute because it is subject to the state’s authority to compulsorily acquire land that is in private hands, which is referred to as land acquisition. Land acquisition refers to the power granted to the state government to obtain privately owned land for a public purpose, in exchange for fair compensation (Keith et al., 2008). Land acquisition is an essential strategy for the state to address the limited availability of land when it is necessary to create railways, airports, or any other infrastructure for the benefit of the public (Jonathan, 2012). Nevertheless, the process of acquiring land is a lengthy procedure that has a significant influence on the local community. This is because it involves conflicting interests between the government that is seemingly acting on behalf of the general public, and the very public who are affected by the acquisition itself. Therefore, the land acquisition system is supposed to be designed as a method of reconciling these conflicting interests. Despite this ideal purpose, numerous countries, particularly in emerging nations like Malaysia, face challenges in achieving a harmonious equilibrium between the conflicting public and private interests. These challenges arise from inadequate legislative safeguards and a conventional hierarchical approach adopted by the government branches of the state (Ghimire et al., 2017). The public aspect is usually legally defined, but private perspectives may not always be apparent. In order to achieve the right balance between conflicting public and private interests, this study aims to examine the perspectives of the individuals, i.e., the landowners who are directly affected by the land acquisition. This study examines their perceptions and attitudes towards the whole process and procedures of the land acquisition to which they were subjected, as well as their corresponding responses and willingness to make sacrifices in pursuit of the higher objectives of the state. To achieve this goal, a questionnaire survey has been used as the methodology of collecting data from the landowners and the results are presented using descriptive analysis. The outcome demonstrated that whenever the state exercises the power of land acquisition, the balance tends to side with the interest of the public rather than the private interests of the affected individuals, both in law and in practice. In addition, Malaysia became a member of the United Nations on 17 September 1957. Hence, it is crucial to examine the principles of compulsory land acquisition as delineated by the United Nations study (Keith et al., 2008). The final section of this article provides an analysis of the findings and then make recommendations by referring to Australia’s best practices for adoption in Peninsular Malaysia. The methodologies employed in this study are the data collection method and comparative legal analysi
Reconciling Constitutional Rules and International Laws: A Doctrinal Study on the Innovative Role of Constitutional Reconciliation in Iraq and Egypt
Get PDFThis research employs a doctrinal study methodology to investigate the conflict between constitutional rules and international rules, emphasizing the emerging jurisdiction of constitutional reconciliation. Through case studies in Iraq and Egypt, the study seeks to identify crucial criteria for addressing conflicts within the legal framework. A systematic analysis of legal principles, precedents, and existing literature provides a comprehensive understanding of the intricate dynamics involved in resolving conflicts between constitutional provisions and international rules. The research delves into nuanced conflicts arising in the absence of specified applicable laws in constitutional provisions, particularly where international treaties intersect with or deviate from domestic legislation. It aims to elucidate the mechanisms employed by domestic judges, utilizing constitutional reconciliation, when confronted with conflicts between provisions in domestic law and those in treaties. The central inquiry focuses on determining the prevailing legal framework—domestic law or international treaty—with constitutional reconciliation emerging as a novel jurisdiction to rectify such conflicts. In addressing the conflict between constitutional rules and international rules, the study aims to develop an effective resolution mechanism, underscoring the importance of constitutional reconciliation to harmonize international law with domestic legal frameworks. Grounded in a comprehensiveunderstanding of international law regarding the authority of constitutional judges, the analytical method is complemented by the doctrinal study. By integrating the jurisdiction of constitutional reconciliation into the methodology and employing Iraq and Egypt as case studies, this research contributes to a nuanced comprehension of how constitutional judges can navigate and harmonize the interplay between domestic and international legal frameworks. This approach ensures the preservation of both sets of rules without compromising either, advancing our understanding of the complexities involved in addressing conflicts between constitutional and international rules through the innovative lens of constitutional reconciliatio
Participatory monitoring in farmer field school program through Whatsapp among indigenous farmers in rural Sarawak, Malaysia
No full textThis paper aims to assess the use of WhatsApp Group for participatory monitoring in a System of Rice Intensification – Farmer Field School (SRI-FFS) program involving the rice farming community in the rural Bidayuh village of Tebaro in Sarawak, Malaysia. Descriptive analysis was performed on a 182-day WhatsApp Group chat taking place from 17 September 2019 to 16 March 2020. The data were analyzed using two online softwares to generate data visualizations. The study revealed that the strengths of participatory monitoring using WhatsApp Group were found in the principles of flexibility and methodologically eclectic. For flexibility, four factors indicated were technical sharing, personal sharing, comments on current events, and the addition of new members. The methodologically eclectic elements were identified as messages in the forms of texts, media, emoji and links. Limitations for participatory monitoring were in the elements of participation and negotiation due to the role-based group structure. To effectively promote the use of digital platforms, agricultural policies must promote inclusiveness and prioritize equitable access to ICT devices and facilities. Current findings show that social media can enhance active multi-stakeholder participation but should be complemented with non-ICT means of communication for rural farming communitie
