Perlaksanaan customary tenure enactment (CTE) zaman kolonial dan kesannya ke atas pentadbiran tanah adat di Negeri Sembilan (1921–1940)

Translated title of the contribution: The implementation of customary tenure enactment (CTE) in colonial time and effects on the administration of customary land in Negeri Sembilan (1921–1940)

Azwan Syah Idris, Nordin Hussin, Ishak Yussof

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

This study attempts to unravel the implementation of Customary Tenure Enactment (CTE) in Negeri Sembilan which is still practicing the Adat Perpatih. The colonisation of Negeri Sembilan by the British has resulted in changes to the practices, in line with the economic situation at the time and their focus on land management affairs. Customary land was an important asset for the adat of the community as a continuation of their economic strength. Realising this, the year of 1909 was the beginning of the establishment of CTE especially for those customary lands that had been enacted by the British based on the land law of Adat Perpatih. CTE was enacted to ensure customary lands were not transferrable to other individuals particularly the foreigners. In this respect, each customary land would be marked as customary land in the land grant to indicate that the land has been permanently held and cannot be sold. Notwithstanding this however, if the customary land tag was to be annulled, that piece of land would then be transferrable. This has raised concerns on the effectiveness of the law to protect the customary lands as well as on the understanding of the adat community of the CTE. The objective of this study is to examine changes and effect of CTE on adat community. The findings of the study showed that there have been changes that had impacted the sustainability of customary lands. Under the British administration from the early 1930's until the early 1940's, changes had been seen to occur in the mindset of the adat community with the occurrences of a number of customary lands annulments to enable the selling of customary lands. This has definitely run contrary to the original intention of CTE. The establishment of CTE to protect customary lands has now become a "facility" for the adat community to sell their land. The weaknesses of CTE have not been able to protect land and adat and the economic changes have also impacted the community's mindsets.

Original languageMalay
Pages (from-to)67-92
Number of pages26
JournalKajian Malaysia
Volume33
Issue number1
Publication statusPublished - 2015

Fingerprint

community
time
Tenure
Enactment
Colonies
land law
economic situation
economic change
colonization
selling
assets
sustainability
Law
management
economics
Economics
Economic Change
Continuation
Foreigners
Colonization

ASJC Scopus subject areas

  • Cultural Studies
  • History
  • Sociology and Political Science

Cite this

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title = "Perlaksanaan customary tenure enactment (CTE) zaman kolonial dan kesannya ke atas pentadbiran tanah adat di Negeri Sembilan (1921–1940)",
abstract = "This study attempts to unravel the implementation of Customary Tenure Enactment (CTE) in Negeri Sembilan which is still practicing the Adat Perpatih. The colonisation of Negeri Sembilan by the British has resulted in changes to the practices, in line with the economic situation at the time and their focus on land management affairs. Customary land was an important asset for the adat of the community as a continuation of their economic strength. Realising this, the year of 1909 was the beginning of the establishment of CTE especially for those customary lands that had been enacted by the British based on the land law of Adat Perpatih. CTE was enacted to ensure customary lands were not transferrable to other individuals particularly the foreigners. In this respect, each customary land would be marked as customary land in the land grant to indicate that the land has been permanently held and cannot be sold. Notwithstanding this however, if the customary land tag was to be annulled, that piece of land would then be transferrable. This has raised concerns on the effectiveness of the law to protect the customary lands as well as on the understanding of the adat community of the CTE. The objective of this study is to examine changes and effect of CTE on adat community. The findings of the study showed that there have been changes that had impacted the sustainability of customary lands. Under the British administration from the early 1930's until the early 1940's, changes had been seen to occur in the mindset of the adat community with the occurrences of a number of customary lands annulments to enable the selling of customary lands. This has definitely run contrary to the original intention of CTE. The establishment of CTE to protect customary lands has now become a {"}facility{"} for the adat community to sell their land. The weaknesses of CTE have not been able to protect land and adat and the economic changes have also impacted the community's mindsets.",
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AB - This study attempts to unravel the implementation of Customary Tenure Enactment (CTE) in Negeri Sembilan which is still practicing the Adat Perpatih. The colonisation of Negeri Sembilan by the British has resulted in changes to the practices, in line with the economic situation at the time and their focus on land management affairs. Customary land was an important asset for the adat of the community as a continuation of their economic strength. Realising this, the year of 1909 was the beginning of the establishment of CTE especially for those customary lands that had been enacted by the British based on the land law of Adat Perpatih. CTE was enacted to ensure customary lands were not transferrable to other individuals particularly the foreigners. In this respect, each customary land would be marked as customary land in the land grant to indicate that the land has been permanently held and cannot be sold. Notwithstanding this however, if the customary land tag was to be annulled, that piece of land would then be transferrable. This has raised concerns on the effectiveness of the law to protect the customary lands as well as on the understanding of the adat community of the CTE. The objective of this study is to examine changes and effect of CTE on adat community. The findings of the study showed that there have been changes that had impacted the sustainability of customary lands. Under the British administration from the early 1930's until the early 1940's, changes had been seen to occur in the mindset of the adat community with the occurrences of a number of customary lands annulments to enable the selling of customary lands. This has definitely run contrary to the original intention of CTE. The establishment of CTE to protect customary lands has now become a "facility" for the adat community to sell their land. The weaknesses of CTE have not been able to protect land and adat and the economic changes have also impacted the community's mindsets.

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