The transmigration program in Indonesia, which was initiated during the colonial era in 1905 in Gedong Tataan, Lampung, remains in effect until present day. The implementation of transmigration following independence began on December 12, 1950, as evidenced by the departure of transmigrants from Kedu, Central Java to Lampung. This date has since been designated as Transmigration Day. Despite its commendable intentions to alleviate population density, drive developmental progress, and expand available land, the program has encountered various difficulties in ensuring secure living and land utilization for transmigrants.

Numerous transmigrants have yet to secure the promised living space in various locations. Some transmigrants also possess cultivated lands situated within forest areas, while licenses for company plantations frequently encroach upon transmigrants’ cultivated land. These land-related issues exemplify the challenges that transmigrants must confront once the government considers the transmigration project to be finished and the transmigrants deemed self-sufficient.

Indeed, it is imperative for the government to retain accountability for addressing tenure-related challenges encountered by transmigrants until they have fully obtained their rightful entitlements.

The aforementioned circumstances serve as the foundation for numerous disputes between transmigrants and local communities, companies, and the government. What are the reasons behind the intricacies of transmigrant tenure conflicts?

The foremost issue is that of legal ambiguity which exists primarily with regards to the ownership status, particularly in regards of control in the management and utilization of land allocated to transmigrants. Frequently, the land certificates held by transmigrant communities are already subject to control by third parties, resulting in inevitable conflicts.

Secondly, there exists inadequate coordination between the various ministries and government agencies that are responsible for the management of the transmigration program. Such a lack of coordination gives rise to a situation where there is an overlap of authority, thereby creating additional complications in problem-solving efforts.

Thirdly, social envy frequently ensues as a result of the belief that transmigrant groups receive favorable treatment in contrast to the local populace. Indeed, the transmigration procedure, starting from planning, site selection, recruitment, debriefing, placement, and coaching, is entirely regulated by the government, without any involvement from community organizations as stipulated in Presidential Regulation Number 50/2018. This perception often serves as a catalyst for prolonged social conflicts. Moreover, local communities also encounter numerous challenges and uncertainties. 

The matter of guaranteeing tenure for transmigrants is of paramount concern and demands a comprehensive approach involving multiple parties. It extends beyond an individual issue and pertains to a larger societal predicament. Failure to promptly address this issue may endanger community security. A pressing action includes enhancing coordination amongst the ministries and government bodies responsible for transmigration initiatives, both at the national and regional level. 

Furthermore, it is imperative to enhance the level of critical consciousness among indigenous and local communities, as well as transmigrants, regarding their fundamental rights as citizens, particularly in relation to tenure security. This must be accompanied by continuous and effective implementation of the law to ensure legal certainty for all stakeholders.

In order to address these structural issues, it is imperative for the government to demonstrate strong political determination. A more comprehensive grasp of the underlying causes and the collective efforts of all relevant stakeholders in a transparent manner can facilitate the transmigrant communities in attaining the long-awaited justice and legal assurance they have been advocating for, as well as their fundamental rights as citizens.