Publication: Orang Asli Customary Land And Adat Perpatih: A Case Study On Temuan Land In Negeri Sembilan
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Date
2020
Journal Title
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Publisher
Faculty Of Law Universiti Malaya
Abstract
Not much is written about custom and customary law of Orang Asli communities, particularly on land matters, which the ownership remains contentious. Land is an essential foundation for the vulnerable indigenous peoples to maintain their livelihoods and identities. By providing a case analysis on the custom, practice, use and traditions relating to land of the Orang Asli Temuan in Negeri Sembilan, drawn on the framework of common law jurisprudence on indigenous peoples’ customary land, this paper illustrates the significance of land and its security for the communities. In particular, it investigates the concept, meaning and perspectives of customary land among Orang Asli in selected villages, i.e. Langkap, Kuala Pilah; Parit Gong, Jelebu; and Bukit Kepong, Pasir Panjang. It takes a qualitative approach through interviews and focus group discussion with the headmen, other leaders of the communities, and relevant stakeholders, including an expert in the Adat Perpatih (customary laws) which are practiced by the Temuan Orang Asli. The research found that the Temuan regard the land in which they live as a territory belonging to the community in which the members have different types of rights. Within that territory, families have ownership right over certain areas meant for different uses including for settlement and economic activities with boundaries known to the community members. The ownership of these areas of land is passed to the next generation according to their customary rules. This also includes the land regarded as ancestral land passed from their ancestors. Beside this part of land, areas surrounding the settlement and agricultural areas within the territory are regarded as common access meant for foraging to find food or other resources to add to their source of income. These common areas serve as buffer zone to members who are in need. This topic is under-researched yet vital for policy makers, decision makers and the public in paving the way for greater protection of indigenous peoples’ lands.
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Keywords
indigenous peoples; Orang Asli; Temuan; customary land; adat perpatih; land security; Sustainable Development Goals.