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PRAKTEK SEWA MENYEWA DALAM PENGELOLAAN TANAH KAS DESA (STUDI KASUS DI DESA PLUNTURAN, KECAMATAN PULUNG, KABUPATEN PONOROGO)
Plunturan Village is one of the villages with a new policy regarding village asset management by renting crooked land to village officials as an income allowance and non-crooked land to the general public. Judging from the regulations regarding the management of village assets, it was found that there was a contradiction in the regulations, where the Regulation of the Minister of Home Affairs Number 1 of 2017 did not indicate that the agreement must be carried out in writing, while the Ponorogo Regent Regulation Number 37 of 2019 indicated that the agreement was carried out in writing. In fact, in civil law, it is known for the principle of freedom of contract and the condition of halal clauses as the objective conditions of the agreement, where the result of non-fulfillment of these conditions is an agreement null and void. This research uses the theory of agreements, the principle of conflict of norms, and the theory of legal protection. This study uses empirical law research methods. The data collection technique used an interview method conducted with Mr. Dwi Bintoro (Head of Plunturan Village). Data analysis using qualitative analysis methods The result of this study is that the implementation of village treasury land lease in Plunturan Village was not found to be factors that can affect the validity of an agreement such as elements of negligence, coercion, fraud, abuse of circumstances and mistakes and the implementation of village treasury land lease has fulfilled the principle of freedom of contract and the legal conditions of the agreement. Although there are conflicts in regulations regulating the provisions of the form of lease agreements, these conflicts can be resolved using the principle of normative conflict so that the village treasury land lease agreement in Plunturan Village can be said to remain valid. In the implementation of village treasury land lease in Plunturan Village, it was found that there is repressive legal protection, namely in the form of Plunturan village government policy regarding the provisions of the lease period or time based on the harvest period, and if in the future there is a dispute that arises, efforts can be made to resolve the dispute through litigation or non-litigation.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040044 Shelintya Nur Aulia Pertiwi
PRAKTEK SEWA MENYEWA DALAM PENGELOLAAN TANAH KAS DESA (STUDI KASUS DI DESA PLUNTURAN, KECAMATAN PULUNG, KABUPATEN PONOROGO) (Text)
PRAKTEK SEWA MENYEWA DALAM PENGELOLAAN TANAH KAS DESA (STUDI KASUS DI DESA PLUNTURAN, KECAMATAN PULUNG, KABUPATEN PONOROGO) (Other)
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