Customary Land as the Foundation of Orang Asli Identity in Peninsular Malaysia: An Analysis of Development Conflicts and Social Marginalisation

This article examines the role of customary land as the foundation of Orang Asli identity in Peninsular Malaysia, with particular attention to development conflicts, legal protection and social marginalisation. Employing a qualitative document analysis approach, the study draws upon academic literature, legal instruments, judicial decisions and official reports to examine the interrelationship between these dimensions. The findings indicate that customary land extends beyond its function as a physical or economic resource, serving instead as the foundation of a holistic socio-cultural system that sustains collective identity, cultural continuity and intergenerational relationships. The loss of customary land therefore results not only in the displacement of communities but also in the erosion of cultural identity, the weakening of social cohesion and the disruption of traditional knowledge across generations. The study further demonstrates that conflicts over customary land arise not simply from competing legal claims but from fundamentally different conceptions of land and development. While government authorities and private developers generally perceive land as an economic asset, Orang Asli communities regard it as an ancestral homeland that embodies profound social, cultural and spiritual significance. These tensions are further exacerbated by weaknesses in the legal framework, particularly the gap between the judicial recognition of customary land rights and their effective implementation in practice. Social marginalisation is likewise found to reflect long-standing structural inequalities rather than a temporary socioeconomic condition. By integrating the dimensions of identity, development, legal protection and social marginalisation within a single analytical framework, this study offers a more comprehensive understanding of customary land conflicts and highlights the need for more inclusive and participatory approaches that recognise Orang Asli communities as equal partners in decisions affecting their lands and livelihoods.