By Lian Cheng
“There is the existence of PMPG in our customs. We recognise it as our customs. This existence has no force of law because it is not in our Land Code. The judge only interprets the law. That is why the cases are there. What we will be doing is to give the force of law to PMPG through the amendment of the Land Code and it (the amendment) must be (one that is) accepted by all,” said Abang Johari (January 24, 2018)
SARAWAK is home to approximately 2.45 million people, of whom 71 per cent are from the indigenous communities. These native groups, rich in cultural heritage and ancestral traditions, have helped shape Sarawak’s cultural identity. For generations, their deep-rooted connection to the land has defined their way of life. Their history and heritage are intricately intertwined with the forests, rivers, and territories their ancestors have inhabited for thousands of years. The introduction of the Land Code (Amendment) Bill 2018, which legally recognises ‘pemakai menoa’ (territorial domain) and ‘pulau galau’ (communal forest reserve) by granting perpetuity titles, marks a significant initiative by Sarawak Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg in protecting the rights of Sarawak’s natives.
The amendment establishes the concept of Native Territorial Domain, which encompasses both ‘pemakai menoa’, ‘pulau galau’, and ‘usufructuary rights’, to denote perpetuity ownership. This means that native communities not only have the right to use the land, but also gain the legal ability to own it. The additional terminology of ‘Native Territorial Domain’ expands the scope to include not only ‘pemakai menoa’ and ‘pulau galau’ (PMPG) for the Iban community, but also ‘tempat cari makan’ (a place to seek food) for the Malay communities. The amendment grants legal recognition of native claims over land traditionally used for communal purposes such as hunting, fishing, and religious ceremonies, granting stronger protection over these ancestral lands. Prior to the amendment, native communities in Sarawak held native territorial domains through customary recognition which, until then, could not be enforced by law.
The Land Code Amendment Bill 2018
The ministerial bill, which underwent a year and a half of meticulous preparation, was tabled by then Deputy Chief Minister Datuk Amar Douglas Uggah Embas and passed on July 12, 2018. The Land Code Amendment Ordinance 2018 grants native communities the legal right to own their territorial domains, up to 500 hectares, which is ‘over and above’ the Native Customary Rights (NCR) land they already possess. With approval from either the Director of the Land and Survey Department or the Minister, the area may be extended up to 1,000 hectares.
The purpose of the amendment was none other than to protect the land rights of the Sarawakian natives. With this new land amendment, the natives of Sarawak do not lose any of their land established under Section 5 which is NCR land. On the term ‘usufructuary rights’, Uggah clarified that it is “merely descriptive of the customs and practices that would be legally recognised by the amended provisions to establish ownership rights to a native territorial domain”.
Once ‘usufructuary rights’ are recognised, the territorial domain can be granted a Native Communal Title, which confers full proprietary rights, enabling native communities not just to utilise the land, but to legally own it. Uggah further explained that Section 18 of the Land Code provided for the issuance of a title to an individual who has occupied and used any unalienated land in accordance with the rights acquired by customary tenure amounting to (individual) ownership of the land for residential and agricultural purposes.
A New Section 6A
The amendment, which introduced a new Section 6A, allows for the issuance of native communal titles to a native community in respect of native territorial domains, typically untouched forest areas, where the community has historically exercised, and continues to exercise ‘usufructuary rights’.
The new Section 6A on Native Territorial Domain is set out as follows:
- Any native community may, within a native territorial domain, claim usufructuary rights exercised and enjoyed by members of that community.
- Any claim under subsection (1) shall be made to the Superintendent in such form as may be provided by the Director with all evidence in support of such claim:
Provided that:
a. Any area claimed as native territorial domain shall not exceed five hundred hectares; or
b. The Minister may, with the approval of the Majlis Mesyuarat Kerajaan Negeri in accordance with the Rules made herein, allow a claim of up to one thousand hectares.
3. If the Director approves the claim, the Superintendent shall issue a native communal title, describing the area as a native territorial domain, which shall be used exclusively by the native community for agricultural purpose or such other purposes as may be approved by the Majlis Mesyuarat Kerajaan Negeri, and subject to any other terms and conditions that the Director may impose:
Provided that the native communal title shall:
a. Be issued in the name of a person or body of persons who shall hold the native territorial domain in trust for the native community named in the native communal title in accordance with rules made hereunder;
b. Be in perpetuity, free of any premium, rent or other charges; and
c. Not be assigned or transferred to any person who is not a member of the native community named therein.
4. In the event that the Director rejects the claim, any person aggrieved by his decision may, within thirty days from the date the decision is conveyed, appeal to the Minister, who shall consider the appeal.
5. Where any question arises as to whether a person is a member of the native community named in the native communal title issued under subsection (3), the person or body in whose name the title is issued shall refer the matter to the District Native Court for a decision. Such reference shall be instituted and dealt with in accordance with rules made under the Native Courts Ordinance, 1992 [Ord. No. 9/92].
6. Any claim for a native territorial domain shall not be made or allowed in respect of any area or land where, before the coming into force of this section, a final decision by a court of competent jurisdiction has determined that no usufructuary rights have subsisted, or that such rights have been lost or abandoned by the members of the native community making the claim.
Following the amendment, native communities may apply for recognition of their Native Territorial Domain using Form NTD A, which is available at Land and Survey Department offices throughout Sarawak. Each submission must be supported by the necessary documents and evidence as outlined in the Land (Native Communal Title) Rules 2019, which came into effect on August 1, 2019. Once a native communal title is issued, the proprietary interest it confers becomes indefeasible under Section 132 of the Land Code. Significant areas of native land remain concentrated in regions such as Hulu Rajang, Baram, and other parts of Sarawak, where native communities continue to uphold their traditional ties to the land.
The Land Code (Amendment) Bill 2018 marks a monumental step forward in the protection and recognition of indigenous land rights in Sarawak. By formally recognising PMPG, the amendment not only safeguards the ancestral lands of Sarawak’s native communities but also affirms the administration’s commitment to preserving the State’s rich cultural heritage.
The content featured here is an excerpt from the book “Rise of Sarawak: Abang Johari’s Era of Transformation”, published by Sage Salute Sdn Bhd. All information contained herein is accurate as of the first quarter of 2025.
