ROLE OF CRIMINAL INVESTIGATION UNDER MALAYSIAN LAND LAW
Abstract
Investigation is a pre-requisite process to the prosecution proceedings. Process of preparation of
Investigation Paper (IP) is new to Malaysian Land Administration. The need of IP is vital once the National
Land Code (amendment) 2008 comes into force in January, 2009. Prior to amendment, Land Administrator
can simply compound the offender under the code but after that, by substituting subsection of
429A and 429B, the Land Administrator is required to get written consent from Public Prosecutor
before compounding or prosecuting the offender. Since the amendment, The Land Administrator failed
to offer compound or institute any prosecution proceeding because of the lack of expertise among them
in conducting criminal investigation and preparing Investigation Paper. This paper will discuss the process
of investigating criminal offences under Malaysian Land Law. It will begin with the process of appointment
of Investigator until the process on how the Investigator proves the offences have been committed by the
offender. The aim is to identify any inadequacies and challenges faced by the investigators during completing
the investigation. The main reference would be the National Land Code 1965 and the Criminal
Procedure Code.