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IMPLIKASI KEDUDUKAN DAN PERAN BADAN USAHA MILIK DESA (BUMDes) YANG BELUM BERBADAN HUKUM TERHADAP KESEJAHTERAAN MASYARAKAT (Studi Desa Mlaten Kecamatan Kalitidu Kabupaten Bojonegoro)
This research is motivated by the change in the legal status of Village-Owned Enterprises (BUMDes) following the enactment of the Job Creation Law and outlined in Government Regulation Number 11 of 2021, where BUMDes previously stated in Article 1 number 6 of Law Number 6 of 2014 concerning Villages that BUMDes were ordinary business entities, but are now recognized as legal entities. In practice, BUMDes Lancar Abadi in Mlaten Village, Kalitidu District, Bojonegoro Regency, despite having a Village Regulation and organizational structure, has not yet been officially registered as a legal entity. This operational vacuum has resulted in the village's assets not being managed productively and the loss of opportunities for village original income (PADes) that could have improved the welfare of the community, especially the 1,468 poor people in the village. The research method used was field research with an empirical juridical approach. Data sources were obtained through direct interviews and observation of village regulatory documents. This research is descriptive and qualitative, employing two analytical tools: the legal entity theory of the maslahah mursalah fund, in which the researcher evaluates the legal implications of the status of the BUMDes as a non-legal entity, and the Maslahah Mursalah theory to examine the policy from an Islamic legal perspective. The research results indicate that the lack of legal entity status causes Lancar Abadi’s BUMDes to lack “legal personality” (rechtspersoon), thus hindering access to capital and professional partnerships, and creating significant risks of personal liability for the management. The existing organizational structure is solely administrative-formalistic, lacking any managerial-operational functions within the planned business unit. In the Maslahah Mursalah perspective, this situation threatens the welfare of the hifdz al-mal (protection of assets) aspect, as productive assets become idle. Therefore, it is recommended that the Mlaten Village Government immediately register the BUMDes with the relevant ministry through the Village Information System to obtain legal entity status and conduct capacity building for managers to ensure they are confident in operating the business unit professionally.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
IMPLIKASI KEDUDUKAN DAN PERAN BADAN USAHA MILIK DESA (BUMDes) YANG BELUM BERBADAN HUKUM TERHADAP KESEJAHTERAAN MASYARAKAT (Studi Desa Mlaten Kecamatan Kalitidu Kabupaten Bojonegoro) (Text)
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362 Kesejahteraan Sosial, Permasalahan dan Layanan Sosial