Legal Status of Transmigration Land Which has been Auctioned by KPKNL Until the Certificate is Issued (Study of Decision Number 7/PDT.G/2020/PN.SBW).
Along with the purpose of population distribution in 1927 the government held a transmigration program, which included the distribution of population throughout Indonesia, the formation of transmigration areas were a residential area and a place of business for the community to improve their standard of living. Over time, the need for land has increased because population growth is not comparable to the available land. Hence, it often causes conflicts of interest from various parties who want and need land, both from individuals, business entities, and government agencies. One example of a land dispute is transmigration land owned by the community that has changed ownership to company land, where the transmigration land owned by the company was obtained by winning an auction. This is interesting for researchers to raise this problem. The problems that will be raised are: 1. Legal status of transmigration land whose land is used as an auction object 2. Legal protection for the community whose land is used as an auction object. This research was conducted through normative legal or library research that examines document studies using various secondary data such as laws and regulations, court decisions, and legal theories. The results of the study are that the legal status of the transmigration land that is used as an auctioned object should still belong to the transmigration community because the transmigration land cannot be transferred just like that, there must be a consensus first between the transmigration community, the company and other related government agencies to discuss and get a good solution for both parties, while legal protection for the transmigration community should be that the land is not used as an auction object by the local government because it still belongs to the transmigration community.
Authors
- Tjempaka
- Fayuthika Alifia Kirana Sumeru
Publication Details
- Journal
- Journal of Law Politic and Humanities
- Published
- 2025-02-20
- DOI
- https://doi.org/10.38035/jlph.v5i3.1457
- Primary Topic
- Legal Studies and Policies
- Type
- article
- Field-Weighted Citation Impact
- 0.00