Akta 828 Kanun Tanah Negara Pdf «2026 Update»
Akta 828, widely known as the Kanun Tanah Negara (Semakan 2020) or National Land Code (Revised 2020), is the primary legislation governing land administration in Peninsular Malaysia and the Federal Territory of Labuan. Gazetted on October 15, 2020, it replaced the original National Land Code 1965 (Act 56) to consolidate and modernize the laws relating to land tenure, registration of titles, and revenue collection. Key Features of Akta 828
The revised Code, consisting of 6 Divisions, 42 Parts, and 447 sections, maintains the Torrens System, ensuring land ownership is publicly registered and state-guaranteed. Key features include:
Uniformity: Establishes a consistent legal framework across Peninsular Malaysia and the Federal Territories.
Indefeasibility of Title: Section 340 protects registered owners, making titles challengeable only in limited scenarios like fraud.
Land Use Categories: Categorizes land into Agriculture, Building, or Industry, with specific conditions.
Key Mechanisms: Covers procedures for alienation (granting land), land dealings (transfers, charges, leases), and the use of caveats to protect interests. Accessing the Akta 828 PDF Malaysian Barhttps://www.malaysianbar.org.my LAWS OF MALAYSIA - Malaysian Bar
The National Land Code 2020 (Act 828) is a significant piece of legislation in Malaysia that came into force on October 15, 2020. It repealed and replaced the National Land Code 1965 (Act 56) to modernize land administration and accommodate electronic dealings. Executive Summary
Act 828 serves as the primary regulatory framework for land tenure, land dealings, and land administration in Peninsular Malaysia. It incorporates the "Torrens System," where the register is the definitive evidence of ownership. The 2020 Act was specifically designed to facilitate the transition from manual to digital land management systems. Key Objectives and Features
Electronic Land Administration: One of the primary drivers for Act 828 was the legal validation of the Electronic Land Administration System (e-Tanah). This allows for digital submissions, electronic signatures, and online title searches.
Consolidation of Amendments: It integrates various amendments made to the previous 1965 Code over five decades into a single, cohesive statute.
Unified Procedures: The Act streamlines processes for land alienation, subdivision, partition, and amalgamation to improve efficiency for developers and individual landowners.
Security of Title: It maintains the core principle of indefeasibility of title, ensuring that a registered owner’s interest is protected against most claims unless fraud is proven. Major Sections and Structure
Act 828 is divided into several "Divisions" and "Parts," typically covering:
Alienation of Land: Procedures for the State Authority to grant land to individuals or corporations.
Land Dealings: Regulations for transfers, leases, charges, and easements. akta 828 kanun tanah negara pdf
Registration of Title: The legal requirements for maintaining the Registry and Issue Documents of Title.
Collection of Land Revenue: Provisions for the payment of quit rent (cukai tanah) and other premiums.
Enforcement and Penalties: Powers of the Land Administrator to deal with unlawful occupation or breaches of condition. Implications for Stakeholders
For Landowners: Modernized titles and faster processing times for dealings through digital platforms.
For Legal Professionals: A shift toward electronic conveyancing, requiring familiarity with the new digital filing standards.
For Government Authorities: Enhanced data accuracy and more efficient revenue collection via automated systems. Accessing the PDF Official copies of Act 828 can typically be obtained via:
Federal Gazette (Warta Kerajaan Persekutuan): The official source for all Malaysian legislation.
Lembaga Penyelidikan Undang-Undang (CLJ Law): For annotated versions.
Percetakan Nasional Malaysia Berhad (PNMB): For physical or digital official copies.
National Land Code (Revised 2020) [Act 828] , known in Malay as Kanun Tanah Negara (KTN)
, is the cornerstone of land law in Peninsular Malaysia and the Federal Territory of Labuan. Enacted to provide a uniform system of land tenure and administration, Act 828 serves as a refined version of its predecessor, Act 56 of 1965, incorporating decades of legal amendments and modern administrative requirements into a single consolidated document. Historical Evolution and Scope
Effective 15 October 2020, Act 828 streamlines land administration, ownership, and revenue collection for Peninsular Malaysia and the Federal Territories. Jurisdiction:
Applies exclusively to Peninsular Malaysia and the Federal Territories, excluding Sabah and Sarawak. Structure:
Comprises 6 Divisions, 42 Parts, 59 Chapters, and 447 sections. Core Legal Principles The Act upholds the Torrens System Akta 828 , widely known as the Kanun
("the register is everything"), ensuring state-guaranteed, secure land ownership. Key features include: Indefeasibility of Title:
Section 340 protects registered titles, subject to exceptions like fraud or forgery. Alienation and Dealings:
Regulates State disposal of land via Freehold/Leasehold titles and governs transactions such as transfers, leases, and charges.
Malaysia - National Code (Revised 2020) Act 828. - Conventus Law 23 Dec 2020 —
National Land Code (Revised 2020) , now officially designated as
(formerly Act 56 of 1965), is the primary legislation governing land administration in Peninsular Malaysia and the Federal Territory of Labuan. Drew Network Asia Primary Resource: Act 828 PDF
You can access the full revised text of the code through these official legal repositories: LAWS OF MALAYSIA: National Land Code (Act 828)
– A complete PDF containing the arrangement of sections and full legal text. Malaysian Bar: Act 828 (Revised 2020)
– The revised version published under the authority of the Commissioner of Law Revision. Malaysian Bar Outline for a Paper on Act 828 (National Land Code)
If you are preparing a paper, you may use the following structure based on the current legal framework of Malaysia's land system. POPULAR Online 1. Introduction Definition
: Act 828 is the consolidated law relating to land tenure, title registration, and revenue collection. Effective Date : The revised version (Act 828) came into force on October 15, 2020 Jurisdiction : It applies only to Peninsular Malaysia and Labuan
; Sabah and Sarawak maintain their own respective Land Codes. Johore Bar 2. Legal Framework and Administration The Torrens System
: Discuss how Malaysia uses this system, where the register is everything and "the title is indefeasible". Key Authorities
: Functions of the Director General of Lands and Mines (JKPTG) and the State Director. Land Categories Section 52 , land is categorized into three types of use: Agriculture, Building, and Industry POPULAR Online 3. Land Tenure and Dealings LAWS OF MALAYSIA Lembaga Kemajuan Johor Tenggara v
The National Land Code (Revised 2020) [Act 828], known in Malay as Kanun Tanah Negara, is the primary legislation governing land administration and tenure in Peninsular Malaysia. It was revised in 2020 to consolidate and simplify various land laws into a single, comprehensive statute. Key Features of Act 828
Torrens System of Registration: The Act is based on the Torrens system, where the register is the definitive record of land ownership. This provides an indefeasible title (Sections 340), meaning once a title is registered, it cannot be challenged or denied except in specific cases like fraud.
Underground Land Development: Section 92A specifically defines "underground land" and "stratum" (a cubic layer of underground land), providing a legal framework for independent ownership and development of space beneath the earth's surface.
Land Conversion and Alienation: The Act outlines procedures for changing land use (e.g., from agricultural to industrial) and the process of "alienation," where the State Authority grants land ownership to individuals or corporations.
Recognition of Customary Land: While it is the supreme land law, Section 4(2) recognizes existing customary laws, such as Adat Perpatih in Negeri Sembilan, allowing them to coexist within the modern administrative framework.
Public Purpose Reservation: Section 62 allows the State to reserve land for public purposes, which is often read alongside the Land Acquisition Act 1960 for infrastructure and community projects. Digital Access (PDF)
You can access official versions of the National Land Code (Act 828) through the following portals:
Official Revised Edition (2020): Available on the PKNS E-Perundangan Portal.
Department of Land and Mines (JKPTG): The JKPTG Website frequently publishes journals and guidelines interpreting specific sections of the Act.
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3. Kes Mahkamah Berkaitan
Beberapa kes telah menguji Akta 828:
- Lembaga Kemajuan Johor Tenggara v. Lim Chin Chuan [2022] MLJU 458 – Mahkamah memutuskan bahawa notis 1 bulan di bawah Seksyen 128A adalah berperlembagaan.
- Teh Kim Hock lwn. Pentadbir Tanah Daerah Petaling [2024] 1 LNS 77 – Mendapatkan injunksi terhadap notis tanah terbiar kerana pihak berkuasa gagal mematuhi prosedur.
1. Seksyen 266B – Notis Baru bagi Tanah Terbiar
Sebelum Akta 828, prosedur mengambil alih tanah terbiar mengambil masa bertahun-tahun. Dengan pindaan ini:
- Notis 3 bulan dikurangkan kepada notis 1 bulan (Seksyen 128A KTN).
- Pihak Berkuasa Negeri boleh membatalkan hakmilik secara terus jika tiada respons.
What is Akta 828?
Akta 828 is the National Land Code (Amendment) Act 2016.
It is not a standalone code replacing the original National Land Code (Kanun Tanah Negara). Instead, it is an amendment act that modifies and updates the principal Act (Act 56). The National Land Code (Act 56) is the primary law governing land administration in Peninsular Malaysia (Sabah and Sarawak have their own land ordinances).
Therefore, when looking for Akta 828, you are looking for the legislative changes enacted in 2016 that affect how land is owned, transferred, and managed.