Notes on Land Titles of Mukim Sungai Punggor, Rengit, Johor
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Notes on Land Titles of Mukim Sungai Punggor, Rengit, Johor Junji NAGATA* Malaysia and the accompanying historical cha- I. Introduction nges. The analytical focus will be placed upon: ( 1) the adaptive process of individuals, groups of Since the mid-nineteenth century the resource individuals, and local society as a whole to the frontier in peninsular Malaysia has been con- changing local ecosystem and wider political ec- verted into agricultural land on a large scale and onomy, and (2) the degree of association and has attracted a great number of people of various integration among people whose socioeconomic socioeconomic and ethnic backgrounds. Such an and cultural backgrounds seem to vary. The expansion of human habitat in the peninsular has description and analysis will be carried out by posed various important societal and academic integrating the biophysical/human elements of the problems associated with the social and economic above issues into a conceptual framework of cul- development of the country. The author's funda- tural-political ecology. As to the study atea, mental concern is to elucidate the ecological and Mukim Sungai Punggor, Batu Pahat district, the social relations embodied in this agricultural de- State of Johor was selected (Fig. I ).t) It is velopment of the resource frontier in peninsular situated in the lowland of western Johor along the MUKIM SUNGAIPUNGGOR RENGIT 日 Intemalond Boundary JOHOR BAHRU State Boundary 日 日 D面dhmぬり , Fig。 1。 Adminislぼ ative districts in Johor alld the study area * D€partment of Geography, College of Arts and Sciences at University of Tokyo (Komaba), Tokyo. 一- 75 -一 Notes on Land Titles of Mukim Sungai Punggor, Rengit, Johor (Nagata) straits of Malacca and forms a part of the hinter- tions.a) land of Rengit town Qtekan Rengit). The area of Under the National Land Code (NLC) which this mukim is 88.06km2, the population 9,395 and was made effective on January 1, 1966 several the number of households 1,968 according to the types of title can be distinguished depending on l99l census. whether final or qualified, whether in perpetuity In the state of Johor agricultural land develop- or for a term of years, and whether they are ment was pioneered by Chinese planters in the registered in the Registry of the state (one in each latter half of the nineteenth century. They opened State - mostly at the State capital) or at the Land up gambier and pepper plantations along the Office of the district (one such office in each rivers flowing into the Johor Strait, along some district). Before a final title is registered, the land major rivers on the east coast, and along the Muar must be surveyed and the boundary marks must and Batu Pahat river systems on the west coast. be emplaced on it. Pending survey, a qualified Between Batu Pahat and Kukup, where Mukim title can be prepared based on the provisional Sg. (Sungai) Punggor is situated, the mangrove- survey, and thus two types of title can be seen. fronted, swamp-backed coast, to which no major One is final and the other is qualified. A qualified river flows, inhibited penetration of Chinese title (QT) confers the same right as the final title planters into the interior (Jackson, 1968). In the except that the land under QT cannot be sub- early 1890's the Chinese population of Johor is divided, partitioned, or amalgamated. The aim of estimated to have reached about 210,000 (Jac- QT basically resides in enabling the approved kson, 1968),2) whereas the Malay population was applicant (in case of alienation) or the proprietor insignificant until the end of the nineteenth centu- of the individual portions of land (in case of ry. It was only 110,000 in the 1911 census, but subdivision, partition, and amalgamation) to from the beginning of this century it was in- transfer, charge, or lease in respect of the land creased rapidly by Javanese and other Indonesian before the final survey is completed. immigrants to the west coast (Gullick, 1987). Final title and QT can be either Registry or According to the 1980 census, 87% of the popula- Land Office titles. Thus four types of title can be tion of Mukim Sg. Punggor is Malay and 13% distinguished, that is, Final Registry title, Final Chinese, while about 90% of the Malays in this Land Office title, QT corresponding to Registry area are said to be of Javanese origin and the title (QT(R)) (Hakmilik Sementara (Daftar)), remaining lO% are Melayu, Bugis, Banjar. Most and QT corresponding to Land Office title (QT of the Chinese in the area are said to be of (M)) (Hakmilik Sementara (Mukim)). Normal- Hokkien origin whose ancestors arrived almost at ly Registry title is given in case of township area the same time as the Javanese. or any lot of country land5) exceeding ten acres in Official land records, especially land titles, pro- area, whereas Land Office title is given to any lot vide us much useful firsthand data about the of country land not exceeding ten acres in area. changing socioeconomy of the study area. In However, there are some exceptions to this rule addition they give us valuable information about because it is finally decided by the State Authority the institutional basis of the land development and which title is more suitable to any given lot. land management there. This paper summarizes Actually in case of Mukim Sg. Punggor there exist the kind of titles and other related documents lots which are held under Registry title not ex- available in Mukim Sg. Punggor, and discusses ceeding ten acres, and on the other hand, there their nature and problems as materials for study, exist lots under Land Office title that exceed ten and then presents some basic data derived from acres.6) these documents.3) NLC provides two forms of Final Registry title. One is Grant (Geran II. Outline of the land titles in Peninsular ) and the other is State Lease (Pajakan Negeri). Grant is for land alienated Malaysia in perpetuity and State Lease is for land alienated In the land system in Peninsular Malaysia, for a period of years. QT(R) is registered for commonly known as the Torrens system or the land to be held finally under Grant or State Lease. registration of title system, initially all land In the same way NLC provides two forms of belongs to the State. Alienation, which is com- Final Land Office title, that is, Mukim Grant pleted by registration of title, allows the right over (MG) (Geran Mukim) and Mukim Lease (ML) the land to pass from the State to the person or (Pajakan Mukim). MG is for land alienated in body named in the title, subject to certain condi- perpetuity and ML is for land alienated for a 一- 76 -一 Notes on Land Titles of Mukim Sungai Punggor, Rengit, Johor (Nagata) before the end period of years. As in the case of Registry title, 82% of which had been registered up to 96% before is registered for land to be held finally of the Second World War, and QT(M) The registration of EMR under MG or ML. Independence in 1957. is due to some delays in For these titles two documents are prepared. after 1966 under NLC The registration of One is known as the register document of title procedures and is exceptional. NLC and continues (RDT) which is compiled in registers in the Reg- QT(M) began in 1966 under 1993 5,192.6 acres istry of the State or Land Office. The other is a until now (Table 2). Up to registered. The registration copy of RDT, and is known as the issue of docu- (1,616lots) had been under NLC, but the ment of title (IDT). This title should be kept by of MG also began in 1966 1993 only the proprietor. At the Registry of the State or number is still small (Table 3). until Al- Land Office, besides registers of Grant, State @2.0 acres ( 148 lots) had been registered. of Grants and are Lease, QT(R), MG, ML, and QT(M) under the though the registration QT(D) between 1931 and NLC, there exist some registers which were pre- exceptional in this mukim, registered for pared under the previous land laws which were lg3g, and in 1980, Grants were 1976 introduced under British colonial influence. In 425.0 acres (26 lots) (Table 4), and between (11lots) (Table the case of Johor these are registers of Grant, and 1988, QT(D) for 115.9 acres between the time State Lease, and CT (Certificate of Titles) in the 5). The difference in the acreage caused by Registry of the State and Mukim Registers in the of registration and of 1993 is mainly purpose of public Land Office. They were prepared under the previ- State land acquisition for the school, mosque, ous land law entitled the Land Enactment 1910. use, for example, drainage, road, The titles compiled in Mukim Registers are com- graveyard, and so on. figures quoted monly known as EMR (Extract from the Mukim The crucial point here is that the Register). The titles in these registers under the above are not equivalent to the number of lots and previous land laws are still in force and can be the net acreage of the alienated land in Mukim Sg. this. used for the purposes of NLC until they ate Punggor. There are several reasons for and then continued in the new form of titles provided by First, if the land is alienated under QT, in NLC. on completion of survey final title is registered respect of the land, the result is that the final title its Titles in Mukim III.