Addressing post COVID-19 challenges in land administration

PUTRAJAYA: The COVID-19 pandemic demands changes to work norms especially those related to direct services to the public. Hence, legislations and land administration procedures are regularly reviewed and enhanced in elevating the efficiency and effectiveness of public service delivery.

In recognizing the contribution of the land administrator, Hari Tanah Negara (HTN) is celebrated on the 27th July every year. The Land Administrators Conference will be convened in conjunction with the HTN. The National Conference serves as a platform to exchange views and experiences on land policy, land code and land administration in line with the current development of the country.

The theme for this year’s conference is "Addressing Post COVID-19 Challenges in Land Administration". The Prime Minister of Malaysia, Yang Amat Berhormat Tan Sri Dato' Haji Muhyiddin bin Haji Mohd Yassin will be delivering an exclusive keynote address for the launching of the 5th HTN on 27th July 2021. The keynote address will be broadcasted on the official Facebook of the Ministry of Energy and Natural Resources (KeTSA) and the Department of the Director General of Land and Mines (Federal) (JKPTG). Three (3) series of webinars entitled "Future Land Administration Expectations", "Land Administration Challenges in the New Norms" and "Post Covid-19: Inheritance Management Issues and Challenges" will be organised in generating new ideas along the lines of Government’s aspirations and efforts to provide efficient, transparent and excellent services for the public at large, as well as stakeholders.

The Prime Minister will also officiate the inauguration of the expansion of e-Tanah System which is developed through public-private partnership. The system is currently running efficiently in Kuala Lumpur and Perak. The e-Tanah will be shortly expanded to other States in Peninsular Malaysia. It has made significant achievement in the quality and efficiency of land administration in Kuala Lumpur and Perak, particularly throughout the period of the movement control order which limits the physical presence of the public at the land offices. The expansion of the aforesaid system is to be completed by the end of 2024.

With the efficiency of land management services, the e-Tanah System has played a pivotal role in placing Malaysia’s ranking on the ease of doing business from 15th in 2019 to 12th in 2020, as recorded in the World Bank 2020 Report "Ease of Doing Business". The World Bank has also recognised Malaysia's efforts in improving the performance of the public sector through the publication of Knowledge and Research report in 2017, and The Malaysian Development Experience Series entitled Enhancing Public Sector Performance: Malaysia's Experience with Transforming Land Administration which were disclosed with other countries. The e-Tanah System also received the prestigious Gold Award For Public Sector at Asean ICT Award in 2018.

The roles played by State authorities, Local authorities and other agencies in constructing the land are of paramount importance to Malaysia. The economic growth of the country is highly relied on the strategic of land business framework. The land business framework which clearly stipulated in National development programmes must be implemented in tandem with the needs of the rakyat without depriving any rules and regulations that govern the country.

JKPTG is the leading agency in dealing with the land matters and land-related legislation in Malaysia. JKPTG is also the custodian of all the Federal Government lands in Malaysia. The Director General of Land and Mines as the Federal Land Commissioner is responsible for overseeing all Federal land, which comprise of alienated and reserved lands. JKPTG deals with federal land recordkeeping, land leasing and tenancy agremeent. It also deals with the land acquisition for Federal projects, the enforcement of Federal properties and managing small estate distribution (Pesaka Kecil). The Federal Government through JKPTG also has approved an extension of rebate for all tenants of federal land or federal office plot to lessen the financial constraint of them due to the implementation of the movement control order. The rebate is valid till end of 2021.

A study is being conducted on the use of private cloud technology within the Data Center and Data Recovery Center in the e-Tanah component as an effort to further modernise and improve the efficiency of land administration. Private cloud enables the internet to function as a repository for land administration data. The Government, for instance, is presently running private cloud computing in the Human Resource Information and Management System (HRMIS) developed by the Public Service Department.

JKPTG is also conducting a study of Online Presentation and Registration (OPR) in enabling online submissions and registrations with regard to the transaction and non-transaction dealings. OPR will allow all parties to conduct dealings such as transfers, mortgages and caveats online from everywhere without their presence at the land office. It is still in the midst of consideration and subject to the stakeholder’s consent. Once approved, it will expedite the digitalization of land-related services. It turns out to be an eye-opener in modernization of land administration.

With regard to the strata title for old buildings, JKPTG has set up a Special Strata Title Fund (TKHS). To date, a total of 1,515 plots have been issued strata title in Perak, Selangor, Kuala Lumpur, Penang and Pahang. Titleholders is allowed to transfer, lease and manage inheritance issues undoubtedly and securely. The value of properties are expected to appreciate and will be able to provide financial returns to the immediate family members. Any party wishing to contribute to this fund via Alliance Islamic Bank Berhad, account number 160140010004397 with transaction notation “Sumbangan TKHS”. The contributor will enjoy tax exemption in supporting Titleholders caused by overpriced application for strata titles.

One of the significant roles of JKPTG is related to matters concerning the distribution of small estates. These consist of movable and immovable assets with the value of RM2 million. On average, JKPTG receives almost 60,000 new applications each year, representing more than 65% of the total estate applications in Malaysia as compared to other agencies, such as the High Court and Amanah Raya Berhad. In the management of small estates, JKPTG is taking steps to improve the existing provisions in the Small Estates (Distribution) Act 1955 [Act 98] which need to be more people-centeric with the aim of facilitating services for the public.

As an agency that plays an important and significant role in accordance with the National Land Code (Revised 2020) [Act 828], JKPTG continously engages the State Land Administrators in its efforts to further enhance and review existing work processes and procedures. This will ensure that the land administration services are always in accordance with the stipulated land laws in facilitating the public needs and wants.

With the overwhelmed support and commitment given by the land administrator, it is always an aspiration for the Government in making JKPTG as first-class Agency a success.