The Dayak Chamber of Commerce and Industry (DCCI) has called for urgent review of all adat (customs) and land laws relating to native customary rights (NCR) to land in Sarawak.

Its concern comes in the wake of a Federal Court decision that will affect about 1 million hectares of NCR land under oil palm joint-venture projects, as well as the sale and purchase of such land between members of the Dayak community.

azlan On July 11, the Federal Court had declared it illegal for an Iban to buy and purchase NCR land from another Iban who is not of the same community (longhouse).

Applying Iban adat called ‘Tungkus Asi’ (gift),the court ruled that it was illegal for Hilarian Bisi anak Jenggot to have bought eight plots of NCR land from a number of Ibans in Matang, near Kuching, because he himself was originally from Julau.

The ruling makes it illegal for Ibans landowners to sell such land to, or to enter into joint-venture projects with, non-natives.

“It is public and common knowledge that the sale of NCR land among Dayaks has been prevalent and an acceptable practice among all strata of Dayak communities from Lundu to Lawas,” commented DCCI deputy president Celestine Ujang in a statement.

“There are also numerous cases where the relevant authorities have issued titles to NCR landowners based on sale and purchase transaction of NCR lands between Dayak individuals.

“The relevant authorities, community leaders and experts in adat are urged to (urgently)  address the implications and consequences of the (court) decision.

“Although the decision revolves around the Ibans’ ‘Tungkus Asi’ custom ..., (we) feel this will have some bearing on other Dayak communities.”

‘Obsolete practice’

Ujang, a former state minister also said the practice of ‘Tungkus Asi’ is now obsolete and has no relevance in a modern society that operates on cash transactions.

“To apply ‘Tungkus Asi’ in a land transaction can be considered retrogressive in nature. The Dayak communities wish to progress with time ... so that they also can attain the economical level that the other communities have achieved,” he said.

He described ‘Tungkus Asi’ as a ‘tanda’ (token) symbolising the transfer of NCR land to the new owner, usually a relative. The token is customarily of little value, comprising items like a meal or a pig.

Apart from the ‘temuda’ system, an Iban individual can only acquire NCR land by way of inheritance or ‘tungkus asi’, he said.

“Because of this, DCCI is proposing that archaic laws and customs of the Dayak communities relating to NCR land ... be amended,” Ujang added.

“It is hoped that this will enhance the (economic) value of the land, rather than leaving it to lie idle with little or nominal monetary value.”

The writer, who is based in Sarawak, uses a pseudonym.