Conflicting Role of Land Office and Forestry Department: A Comparative Discussion Regarding to Forest Offences Prevention in Malaysia
Abstract: This article study
the discrepancy between theory and practice, especially the roles play by Land
Office and Forestry Department in term of overlapping of power and penalties
between Land Office and Forestry Department especially the forest on the state land
leading to susceptibility in monitoring and enforcement system. The whole
empirical works took place in the Central Region of Peninsular Malaysia namely
as Negeri Sembilan. The total area of permanent reserved forest in that state
is 155,531 hectares including the Permanent Reserved Forest Johol which was
selected as the case study in this research. An exploratory research design was
adopted in this research. Therefore, in-depth interviews have been done with
officers from the Land Office and Forestry Department regarding their role and
powers in monitoring and enforcement system to combat forest offences in
Permanent Reserved Forest Johol. While data collected was analyzed using the
descriptive analysis method. Content analysis was used to identify the similarities
and dissimilarities of acts that empower Land Office and Forestry Department to
taking action against forest offences. Theoretically, there are overlapping
powers occurs between Land Office and Forestry Department identified in
National Land Code 1965 and National Forestry Act 1984 in terms of arrestment
of the forest offenders and seized their equipment. However, penalties imposed
by both acts are very different. Practically, both authorities have divided
their responsibility and power accordingly to avoid overlapping. Issues and
challenges that faced by them have been found and most of them are similar.
There should be an amendment to the acts in terms of the penalty imposed by
both authorities. The penalty stated in both acts should be synchronized or the
related sections be removed if the authorities do not implement it practically
to avoid overlapping and conflicting of action imposed between two acts.
Keywords: state land, forest,
forest offences, penalties, monitoring, enforcement, overlapping of power
Penulis: Muhammad Uzair
Azizan, Tham Sikh Bing, Maryanti Mohd Raid, Mohammad Tahir Sabit Mohammad,
Khadijah Hussin, Megat Mohd Ghazali Megat Abd Rahman, Muhammad Izuan Nadzri
Kode Jurnal: jpkesmasdd170448
