Pertikaian Polisi dan Perundangan Tanah dalam Cadangan Pembangunan Tanah

Abstract

The processes involved in development are strongly tied to the land development policy and regulation. The Town and Country Planning Act 1976 [Act 172] and the National Land Code [Act 828] are among the laws regulating these processes. Cases such as SubangJaya Municipal Council v. Visamaya Sdn. Bhd & Anor is one of the cases on the conflict of land conditions in the National Land Code (now revised in 2020 with the number [Act 828]) ("KTN") with the land use zone contained in the Local Plan issued by the Local Authority (PBT). Its decision offers a valuable lesson in legal matters and land planning. This study intends to take a firm stance on the interaction between land-related legislation, such as TCPA [Act 172] and KTN. Studies are carried out using the most recent court rulings and legislative modifications, using a doctrinal approach as the primary methodology. The Town and Country Planning Act of 1976 [Act 172] (often known as "Act 172") is the primary statute cited in project planning for development, according to the study. On the other hand, KTN, which went into effect on January 1, 1966, is the most significant land law in Peninsular Malaysia. The alleged legal inconsistencies must be clarified and justified, and this requires a thorough comprehension of the development of the relevant legislation's original process and original intent. The study finds that amendments to the laws or guidelines should be initiated to ensure the development process continues according to the lawsof the respective country.