eprintid: 70751
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/07/07/51
datestamp: 2025-04-11 04:22:07
lastmod: 2025-04-11 04:22:07
status_changed: 2025-04-11 04:22:07
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Shelintya Nur Aulia Pertiwi, NIM.: 21103040044
title: PRAKTEK SEWA MENYEWA DALAM PENGELOLAAN TANAH KAS DESA (STUDI KASUS DI DESA PLUNTURAN, KECAMATAN PULUNG, KABUPATEN PONOROGO)
ispublished: pub
subjects: 320
divisions: il_hum
full_text_status: restricted
keywords: Perjanjian, Sewa-Menyewa, Tanah Kas Desa, Perlindungan
Hukum
note: Iswantoro, S.H., M.H
abstract: 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.
date: 2025-03-04
date_type: published
pages: 178
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Shelintya Nur Aulia Pertiwi, NIM.: 21103040044  (2025) PRAKTEK SEWA MENYEWA DALAM PENGELOLAAN TANAH KAS DESA (STUDI KASUS DI DESA PLUNTURAN, KECAMATAN PULUNG, KABUPATEN PONOROGO).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/70751/1/21103040044_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/70751/2/21103040044_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf