Legal Certainty Regarding the Determination of Transmigration Areas on Customary Land Rights in the Raimuna Transmigration Area, Maligano District, Muna Regency

Abstract

This study aims to analyze the legal certainty of the determination of transmigration areas on customary land rights in the Raimuna Transmigration, Maligano District, Muna Regency, and analyze the legal consequences that arise for customary law communities and the implementation of transmigration. The background of this study is based on the continued uncertainty of the legal status of customary land rights that are used as transmigration areas, the less than optimal formal recognition of customary law communities, and the differences in understanding between the local government and customary communities regarding the legal status of land in the area. This research is an empirical legal study using a sociological juridical approach. The research data consists of primary data obtained through interviews with the Muna Regency Traditional Community Institution, the customary law community in the Raimuna Transmigration Area, the National Land Agency, the Transmigration and Manpower Office, and the Muna Regency Housing and Settlement Office. Secondary data were obtained through a literature review of relevant laws and regulations, books, journals, and documents. All data were analyzed descriptively and qualitatively using the logical deduction method. The results of the study indicate that the customary rights of the Wuna customary law community to land designated as a transmigration area are still recognized factually by the customary law community and verbally by the government. However, this recognition has not been formalized in a Regional Regulation, thus not providing legal certainty regarding the existence of customary rights. In addition, the administration of customary land as regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 18 of 2019 has not been implemented optimally. This study also found that the determination of transmigration areas on customary rights land gave rise to different views between the Wuna customary law community and the Muna Regency Government regarding the status of the transmigration area, which has the potential to cause legal and social conflicts. Therefore, a regional government policy is needed in the form of the formation of a Regional Regulation regarding the recognition of customary law communities and strengthening coordination between stakeholders to achieve legal certainty, protection of customary law community rights, and the sustainability of transmigration implementation.