Date of Award

2010

Thesis Type

Masters

Document Type

Dissertation

Divisions

Faculty of Law

Institution

Universiti Malaya

Abstract

The earthquake and tsunami disaster that hit Acheh on December 24, 2004 had destroyed most of the records and files on land ownership. The disaster had created difficulties and brought about various conflicts in land administration and ownership. This dissertation aims to examine the procedure and legality of registration and the responsibility of the state in the protection of land ownership in the post tsunami era. The research revealed general problems relating to the protection of ownership of land post-tsunami, which include antinomy of law and improper actions of land registration officers. The antinomy of law and improper acts of land registration officers had victimised affected parties, as some of their actions were in fact criminal in nature. The entitling mechanism through registration included the issuance of ownership certificates. Unfortunately there were also new certificates which were not consistent with the certificates issued before tsunami. Furthermore, the process is in conflict with the syariah law, the colonial traditional land registration system and the mortgage law. The writer wishes to show the weaknesses of the system that is used and to suggest a process of land ownership registration that is in accordance with the proper interpretation of the law.

Initial

khm

Additional Information

Dissertation (M.A.) – Faculty of Law, Universiti Malaya, 2010.

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