Hak-Hak atas Tanah Pendatang Spontan di Lokasi Transmigrasi Batu Marta Kabupaten Ogan Komering Ulu Propinsi Sumatera Utara

Abstract

This study dealing with spontaneous migrants who migrate either from Java or from other areas in South Sumatera to the Batu Marta transmigration sites to find fertile agricultural land. Their arrivals to the transmigration site above without being sponsored by the government. As a result they do not get any allowance from the government. The existence of spontaneous migrants at the transmigration sites of Batu Marta creates some problems relating to their ownership rights to land, their land transactions, and their land management. The writer tried to analyze the problems above and also offer some alternatives for solution through this thesis entitled "The Spontaneous Migrants' Land Rights at The Transmigration Sites of Batu Marta, Ogan Komering Ulu, South Sumatera Province". In this study, there were about 59 respondents which consist of 42 spontaneous migrants and of 17 non spontaneous migrants. For spontaneous migrants were selected through Snowball Sampling Technique, while Purpossive Sampling Technique was designed for non spontaneous migrants. Data obtained were qualitatively. analyzed from the angles of normative approach. The findings showed that land transactions carried out between spontaneous migrants and government sponsored transmigrants who abandoned the sites in general were under the practice of customary law. However, some of spontaneous migrants had their rights to land from the transmigrants who settle down at the location. The legal land ownership rights were obtained by spontaneous migrants based on the procedures provided for in the Letter of Decision (Surat Keputusan) issued by the Department Transmigrasi dan Pemukiman Perambah Hutan. Under the Letter of Decision above the spontaneous migrants were converted to as converting transmigrants (transmigran pengganti). Based on the Letter of Decision above, Badan Pertanahan Nasional issued Renovation Letter of Decision for Right Letter of Decision (Surat Keputusan Ralat Surat Keputusan Hak) and to provide land ownership right to spontaneous migrants who convert to as converting transmigrants. Land transactions as practised

by those of spontaneous migrants and transmigrants at the transmigration sites of Batu Marta consisting of land purchasing, land grant, and land opening. While transactions relating to land covering production sharing (maro/mertelu), rubber plantation rental, land utilization, and wages obtained from land utilization (Upah). The third kinds of land transactions was combination of the two above. It was land sharing. types of transactions of lands above were not conducted in accordance of agrarian law. Altertatives offered to solve the problems above was to integrate or to treat them as well as those of transmigrants sponsored government. Other alternatives was to carry out Tripartial Transmigration or Home Steading.