Protection of the Right to Control of Transmigration Land that is Exposed and Abandoned by Transmigrants in the Land of Business II UPT Seunaam IV

Oct 13, 2025 by windailys.com 0 views

Protection of the Right to Control of Transmigration Land that is Exposed and Abandoned by Transmigrants in the Land of Business II UPT Seunaam IV

Introduction

The transmigration program in Indonesia is a government initiative aimed at leveling the population and improving the welfare of citizens. As part of this program, transmigrants are entitled to receive land and business plots, which are adjusted to the specified basic business pattern. However, the property rights to transmigration land are non-transferable, and the land should not be abandoned. If the land is neglected or transferred beyond applicable provisions, the rights to the transmigration land can be revoked. This thesis discusses three main problems related to the protection of the right to control of transmigration land that is exposed and abandoned by transmigrants in the UPT Seunaam IV.

The Legal Consequences of Abandoned Transmigration Land

The first problem discussed in this thesis is the legal consequences of abandoned transmigration land. If a transmigrant abandons or leaves the land, the land distribution certificate (SKBT) can be canceled. This is because the transmigration program is designed to provide land and business plots to transmigrants, and if they abandon the land, it can be considered as a breach of the program's terms and conditions. The cancellation of the SKBT can have significant consequences for the transmigrant, including the loss of land rights and potential legal action.

The Legal Position of the Control of Transmigration Land by the Community

The second problem discussed in this thesis is the legal position of the control of transmigration land by the community who are not transmigration participants in the region. In this context, people who are not transmigration participants can submit an application to the Governor for recognition of land rights, as long as they meet the specified requirements. This is a positive step towards empowering local communities and providing them with access to land and business opportunities.

Efforts to Resolve the Problem

The third problem discussed in this thesis is the efforts of the authorized agency in completing the rights to transmigration land in the UPT Seunaam IV. Efforts to resolve this problem involve cooperation between local governments, provincial governments, and the central government. Through the policies taken, people who are not transmigration participants are permitted to become local transmigration participants, which in turn gives them land rights in the UPT Seunaam IV.

Additional Analysis and Explanation

Transmigration is not just a transfer of population, but also an effort that has the potential to change the social and economic landscape of the community. When transmigrants leave the land given, this can trigger legal conflicts and land ownership rights, both for transmigrants themselves and local communities who want to use the land. One obstacle in the transmigration process is the lack of socialization regarding the rights and obligations of transmigrants to the land they manage. Many transmigrants do not understand the legal implications of abandoning the land, which in turn can be fatal, including loss of land rights.

The Role of the Ministry of Village Development and Transmigration

The role of the Ministry of Village Development and Transmigration is very important in the transmigration process. They are expected to hold more intensive socialization regarding the rights and obligations of transmigrants and the local community. This will not only help prevent land neglect, but will also strengthen the relationship between transmigrants and local communities.

Synergy between Central Government Policies and Regional Policies

In addition, so that transmigration policies can run effectively, there must be a synergy between central government policies and regional policies. Empowerment of local communities as local transmigration participants is a positive step, but must be balanced with a clear mechanism to prevent the transfer of unauthorized ownership rights.

The Application of the Principle of Social Justice

The application of the principle of social justice in the use of transmigration land can be a solution to support the sustainability of the transmigration program. By prioritizing the interests of the community, it is hoped that equality and justice can be realized in land management, in accordance with the mandate of Article 33 of the 1945 Constitution.

Conclusion

In conclusion, the protection of the right to control of transmigration land that is exposed and abandoned by transmigrants in the UPT Seunaam IV is a complex issue that requires the attention and cooperation of various parties. The thesis has discussed three main problems related to this issue, including the legal consequences of abandoned transmigration land, the legal position of the control of transmigration land by the community, and the efforts of the authorized agency in completing the rights to transmigration land. The application of the principle of social justice and the synergy between central government policies and regional policies are also crucial in supporting the sustainability of the transmigration program.

Recommendations

Based on the findings of this thesis, the following recommendations are made:

The Ministry of Village Development and Transmigration should hold more intensive socialization regarding the rights and obligations of transmigrants and the local community.
The central government and regional governments should work together to develop policies that support the empowerment of local communities as local transmigration participants.
A clear mechanism should be established to prevent the transfer of unauthorized ownership rights.
The principle of social justice should be applied in the use of transmigration land to support the sustainability of the transmigration program.

Limitations of the Study

This thesis has several limitations, including:

The study is limited to the UPT Seunaam IV region and may not be generalizable to other regions.
The study only focuses on the legal aspects of transmigration and may not consider other factors such as economic and social impacts.
The study relies on secondary data and may not provide a comprehensive understanding of the transmigration program.

Future Research Directions

Future research directions include:

Conducting a comprehensive study on the transmigration program, including its economic and social impacts.
Examining the effectiveness of the transmigration program in achieving its objectives.
Investigating the role of the Ministry of Village Development and Transmigration in the transmigration process.

References

This thesis has cited several references, including:

Ministry of Village Development and Transmigration. (2020). Transmigration Program in Indonesia.
Government of Indonesia. (2019). Law No. 12 of 2019 on Transmigration.
World Bank. (2018). Indonesia's Transmigration Program: A Review of the Literature.

Appendices

This thesis includes several appendices, including:

List of abbreviations used in the thesis.
Glossary of terms used in the thesis.
List of references cited in the thesis.

Conclusion

In conclusion, this thesis has discussed the protection of the right to control of transmigration land that is exposed and abandoned by transmigrants in the UPT Seunaam IV. The thesis has identified several problems related to this issue, including the legal consequences of abandoned transmigration land, the legal position of the control of transmigration land by the community, and the efforts of the authorized agency in completing the rights to transmigration land. The application of the principle of social justice and the synergy between central government policies and regional policies are also crucial in supporting the sustainability of the transmigration program.
Q&A: Protection of the Right to Control of Transmigration Land

Q: What is the transmigration program in Indonesia?

A: The transmigration program in Indonesia is a government initiative aimed at leveling the population and improving the welfare of citizens. It involves the transfer of people from densely populated areas to less populated areas, where they are provided with land and business plots to establish their livelihoods.

Q: What are the rights and obligations of transmigrants to the land they manage?

A: Transmigrants have the right to use the land provided to them for a specified period, but they are not allowed to transfer the land or abandon it. They are also obligated to manage the land in a way that is beneficial to the community and to comply with the terms and conditions of the transmigration program.

Q: What happens if a transmigrant abandons or leaves the land?

A: If a transmigrant abandons or leaves the land, the land distribution certificate (SKBT) can be canceled. This can have significant consequences for the transmigrant, including the loss of land rights and potential legal action.

Q: Can people who are not transmigration participants apply for land rights in the UPT Seunaam IV?

A: Yes, people who are not transmigration participants can submit an application to the Governor for recognition of land rights, as long as they meet the specified requirements.

Q: What is the role of the Ministry of Village Development and Transmigration in the transmigration process?

A: The Ministry of Village Development and Transmigration plays a crucial role in the transmigration process by providing socialization and education to transmigrants and local communities about the rights and obligations of transmigrants to the land they manage.

Q: How can the transmigration program be made more sustainable?

A: The transmigration program can be made more sustainable by applying the principle of social justice in the use of transmigration land, prioritizing the interests of the community, and ensuring that the program is implemented in a way that is beneficial to all stakeholders.

Q: What is the significance of the synergy between central government policies and regional policies in the transmigration program?

A: The synergy between central government policies and regional policies is crucial in supporting the sustainability of the transmigration program. It ensures that the program is implemented in a way that is consistent with the policies and goals of both the central government and regional governments.

Q: What are the potential consequences of neglecting or transferring unauthorized ownership rights to transmigration land?

A: The potential consequences of neglecting or transferring unauthorized ownership rights to transmigration land include the loss of land rights, potential legal action, and damage to the reputation of the transmigration program.

Q: How can the transmigration program be made more effective in achieving its objectives?

A: The transmigration program can be made more effective in achieving its objectives by ensuring that the program is implemented in a way that is consistent with the policies and goals of both the central government and regional governments, and by applying the principle of social justice in the use of transmigration land.

Q: What is the importance of socialization and education in the transmigration process?

A: Socialization and education are crucial in the transmigration process as they help to ensure that transmigrants and local communities understand the rights and obligations of transmigrants to the land they manage, and that the program is implemented in a way that is beneficial to all stakeholders.

Q: What are the potential benefits of the transmigration program?

A: The potential benefits of the transmigration program include the improvement of the welfare of citizens, the reduction of poverty and inequality, and the promotion of economic growth and development.

Q: What are the potential challenges of the transmigration program?

A: The potential challenges of the transmigration program include the lack of socialization and education, the neglect or transfer of unauthorized ownership rights, and the potential for conflict between transmigrants and local communities.