LEGAL ASPECT OF LAND CRIMINAL INVESTIGATION: SOME OBSERVATION

Abstract

The investigation is a pre-requisite process for any prosecution proceedings. However, the requirement of preparing an Investigation Paper (IP) is entirely new in the Malaysian Land Administration as it has only become mandatory with the coming into force of the National Land Code (Amendment) 2008 in January 2009. Prior to that, a Land Administrator can compound an offender under the National Land Code 1965 (NLC) without an IP. With the coming into operation of sections 429A and 429B of the NLC, a Land Administrator is now required to get written consent from Public Prosecutor before prosecuting or compounding an offender. Consequently, many Land Administrators have faced difficulty in offering compound or instituting prosecution proceeding due to their lack of expertise in conducting a criminal investigation and preparing IP. In relation thereof, this paper aims to discuss the importance of the criminal investigation process for offenses under the Malaysian Land Law. It will begin with the process of appointment of the Investigator. The aim is to show the effect of producing IP in order to complete the enforcement action and to secure the revenue of the State Government. It will also identify any inadequacies and challenges faced by investigators while completing the investigation. This research applies qualitative methods to achieve the objectives. Social legal research was adopted by collecting sample data from Kelantan Land Director’s office and also by referring to the NLC and the Criminal Procedure Code (CPC) as primary sources. Secondary sources include books, scholarly articles and news reports found in journals, and the Internet. It is concluded that the government should consider enhancing the land criminal investigation institution by empowering the IO, providing distinctive investigation guidelines and establishing a special department for the Investigation Unit in the Office of State Director.