Evaluation of Indonesian Transmigration Law According to Land Certification for Transmigrants

Abstract

Implementation of transmigration in Indonesia is still done to date and refers to the normative framework of Law Number 15 Year 1997 on Transmigration. In addition to the lack of attention from the government and local governments towards transmigrants, another issue is that not all of local residents can accept transmigration presence with open hand. This paper aims to evaluate the law of transmigration of Indonesia and provide input for future improvement. Using the doctrinal approach and legal protection theory and rule of law type from Tamanaha, the following findings are found is: 1). The granting of land certification for transmigrants is not clearly defined as the specificity and process in its own section or section of Law No. 15 of 1997 on Transmigration and its amendment and does not contain preventive and repressive legal protections for both transmigrants and local communities in land certification to prevent future legal issues. 2). There are several crucial things that need to be regulated in the future of Indonesian transmigration law: Settlement of transmigration issues in the past; Criteria for transmigrant receiving areas; Timeline for accelerated land titling; Prohibitions for transmigrants related to land rights; Responsible management of land certificate; The cultural approach needs to be noticed in the Transmigration Act; Provision of land services to the local community in the vicinity of transmigrant areas or transmigration settlement units.

Keywords: Evaluation, law, transmigration, land, certification.