08/09/2026
Congratulations for the new landmark win for Orang Asli land rights!
𝐀 𝐋𝐀𝐍𝐃𝐌𝐀𝐑𝐊 𝐖𝐈𝐍 𝐅𝐎𝐑 𝐌𝐀𝐋𝐀𝐘𝐒𝐈𝐀’𝐒 𝐎𝐑𝐀𝐍𝐆 𝐀𝐒𝐋𝐈
𝐔𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝𝐢𝐧𝐠 𝐭𝐡𝐞 𝐑𝐨𝐬𝐥𝐢 𝐉𝐞𝐧𝐝𝐮𝐭 𝐂𝐚𝐬𝐞
In a historic decision, Malaysia’s highest court, the Federal Court, has delivered a powerful ruling that strengthens the land rights of the Orang Asli community in Peninsular Malaysia.
The case, known as 𝘙𝘰𝘴𝘭𝘪 𝘑𝘦𝘯𝘥𝘶𝘵 & 𝘖𝘳𝘴 𝘭𝘸𝘯 𝘈𝘨𝘳𝘰𝘣𝘦𝘴𝘵 (𝘔) 𝘚𝘥𝘯 𝘉𝘩𝘥 & 𝘖𝘳𝘴 is the first time the Federal Court has clearly defined the legal position of Orang Asli customary land rights.
Here’s a breakdown of what happened and why it matters.
𝐓𝐇𝐄 𝐒𝐓𝐎𝐑𝐘 𝐁𝐄𝐇𝐈𝐍𝐃 𝐓𝐇𝐄 𝐂𝐀𝐒𝐄
The dispute began with seven Jakun Orang Asli from Kampung Orang Asli Batu 20 in Pekan, Pahang. Until their relocation by JAKOA in 1999, their ancestral land was their home, and more importantly, it was where their ancestors were buried. Despite their relocation, they regularly returned to their cemetery to perform religious rituals.
However, the state government had other plans for this land. Around 2017, the land was granted and titled to a state-owned company, which then leased 700 acres to a private firm for a large-scale prawn farming project. A subsidiary of this firm, Agrobest, bulldozed the area, destroying the community's tombstones and graves.
The Orang Asli community sued Agrobest and its contractors for trespassing on their land.
𝐓𝐇𝐄 𝐋𝐄𝐆𝐀𝐋 𝐉𝐎𝐔𝐑𝐍𝐄𝐘
𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 (First Round)
In 2023, the court ruled in favor of the Orang Asli. It accepted their oral history and traditions as valid evidence of their connection to the land.
𝐂𝐨𝐮𝐫𝐭 𝐎𝐟 𝐀𝐩𝐩𝐞𝐚𝐥 (Second Round)
The decision was overturned in 2025. The Court of Appeal decided the Orang Asli could not claim trespass because the company had a valid registrable lease from the state government corporation.
𝐅𝐞𝐝𝐞𝐫𝐚𝐥 𝐂𝐨𝐮𝐫𝐭 (Final Round)
The Orang Asli were granted permission to appeal, and the Federal Court in June 2026 ultimately reversed the Court of Appeal’s decision. The highest court restored the High Court’s original ruling in favor of the community.
𝐖𝐇𝐀𝐓 𝐓𝐇𝐄 𝐅𝐄𝐃𝐄𝐑𝐀𝐋 𝐂𝐎𝐔𝐑𝐓 𝐃𝐄𝐂𝐈𝐃𝐄𝐃
The Federal Court’s judgment established several key principles that will protect Orang Asli land rights in the future:
1. 𝐍𝐚𝐭𝐢𝐯𝐞 𝐓𝐢𝐭𝐥𝐞 𝐈𝐬 𝐑𝐞𝐚𝐥 𝐚𝐧𝐝 𝐏𝐞𝐫𝐦𝐚𝐧𝐞𝐧𝐭
The court confirmed that Orang Asli customary rights to their land are a permanent, communal right. These rights exist on their own without the need for a formal state declaration as an Orang Asli reserve or area. Accordingly, they are not something that the government or a company can simply ignore or remove.
2. 𝐂𝐮𝐬𝐭𝐨𝐦 𝐈𝐬 𝐏𝐚𝐫𝐭 𝐨𝐟 𝐭𝐡𝐞 𝐋𝐚𝐰
The court clarified that "law" in Malaysia includes Common Law and custom. Since the Malaysian Common Law recognizes native title, it means these customary rights are protected by law.
3. 𝐑𝐢𝐠𝐡𝐭𝐬 𝐀𝐫𝐞 𝐍𝐨𝐭 𝐄𝐚𝐬𝐢𝐥𝐲 𝐄𝐫𝐚𝐬𝐞𝐝
The court made it clear that granting or leasing land to others does not automatically cancel the Orang Asli’s existing rights. If the government wants to remove those rights, it must do so through a specific and clearly worded law.
Beyond that, any such action should only take place with the community’s free, prior, and informed consent, along with fair compensation. Without these safeguards, the land—and any subsequent grants or interests in it—remains subject to the community’s customary rights.
The court also recognised that a community’s ongoing spiritual connection with the land can help preserve their rights, even if they do not physically live there.
4. 𝐎𝐫𝐚𝐥 𝐇𝐢𝐬𝐭𝐨𝐫𝐲 𝐈𝐬 𝐕𝐚𝐥𝐢𝐝 𝐄𝐯𝐢𝐝𝐞𝐧𝐜𝐞
The court affirmed that the Orang Asli can use their oral traditions and stories to prove their connection to the land. This is important because their history is often passed down through storytelling, not written documents. The right to protect their cultural identity is a collective right, meaning it belongs to the whole community, not just individuals.
5. 𝐓𝐡𝐞 𝐑𝐢𝐠𝐡𝐭 𝐭𝐨 𝐋𝐢𝐟𝐞 𝐈𝐧𝐜𝐥𝐮𝐝𝐞𝐬 𝐂𝐮𝐥𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐩𝐢𝐫𝐢𝐭𝐮𝐚𝐥𝐢𝐭𝐲
Perhaps most importantly, the court expanded the meaning of the "right to life" guaranteed by the Federal Constitution. It now includes the right of the Orang Asli to maintain their spiritual and cultural relationship with their ancestors and traditional lands.
𝐖𝐇𝐘 𝐓𝐇𝐈𝐒 𝐌𝐀𝐓𝐓𝐄𝐑𝐒
This ruling is a major victory for the Orang Asli community. It sends a strong message that their ancestral rights are legally protected and must be respected by government and private entities.
It acknowledges that their connection to the land is not just about property, but about their identity, culture, and spirituality.
The decision sets a powerful precedent for future cases and offers hope for the protection of Orang Asli heritage for generations to come.
For a more detailed article on the impact of this decision, please read the case note by Dr. Yogeswaran Subramaniam in the Australian Journal of Asian Law, available at this link: https://bit.ly/4qZAZpD
Steven Thiru, Dr Yogeswaran Subramanian, Hon Kai Ping and Ananthan Moorthi appeared pro bono for the seven Orang Asli.
YS-COAC | 8 September 2026
