scholarly journals Legitimasi Kedudukan Kepala Desa dalam Penyelesaian Sengketa Agraria

2021 ◽  
Vol 1 (2) ◽  
pp. 309
Author(s):  
Sri Anggraini Kusuma Dewi ◽  
Rezky Panji Perdana Martua Hasibuan

The agrarian disputes often occur in rural areas, considering that the majority of the livelihoods of rural communities are farmers. In this regard, rural communities also cannot be avoided from agrarian conflicts that occur between residents, including in terms of inheritance. This social legal research aims to analyze the factors causing the occurrence of agrarian conflicts in rural areas; and explain the role of the village head in dealing with disputes related to land. This empirical legal research uses a qualitative approach that is based on primary data and secondary data as obtained through a series of observations, interviews, and documentation. The results of the study indicate that rural communities tend to choose the head of village as the party that resolves agrarian disputes in rural areas. Therefore, the rural community perspective believes and considers the head of village to be able to provide a sense of community justice. The scheme used by the head of village is mediation or what is often called 'deliberation for consensus'. KEYWORDS: Land, Customary Law, Head of Village, Amadanom, Malang.

2021 ◽  
Vol 5 (2) ◽  
pp. 580
Author(s):  
Mia Hadiati ◽  
Lis Julianti ◽  
Moody R Syailendra ◽  
Luthfi Marfungah ◽  
Anggraeni Sari Gunawan

LPD as one of the MicroFinance Institutions is very rapidly growing in Bali Province. LPD is said to be the business center of the informal sector. The existence of LPD as a credit institution in the village has been recognized based on customary law. In 2020 LPD in Bali amounted to about 1,433 LPD from a total of 1,485 Indigenous Villages in Bali which more served loans for villagers for various purposes. Therefore, in the management of LPD must be managed properly, correctly, transparency so that there is no misuse of LPD in its management and designation. The research method used in this research is normative-empirical legal research. This research is a blend of normative legal research and empirical legal research. Normative legal research is legal research that uses secondary data, while empirical legal research is legal research that uses primary data.  Based on the results of this pre-study can be concluded the occurrence of criminal acts of corruption committed both the Board and lpd managers cause disputes. Disputes conducted by lpd managers and managers cause conflicts of interest either between the manager with customary karma or between managers and managers both in the duties and functions of their authority. Disputes over customary issues in the Village within the scope of LPD either indicated that cause village losses or violations of applicable laws and regulations are often resolved through national law compared to customary law that applies in an LPD area. LPD sebagai salah satu Lembaga Keuangan Mikro sangatlah berkembang pesat di Provinsi Bali. LPD dikatakan sebagai pusat usaha sektor informal. Eksistensi LPD sebagai lembaga perkreditan di desa telah diakui keberadaannya berdasarkan hukum adat. Tahun 2020 LPD di Bali berjumlah sekitar 1.433 LPD dari total 1.485 Desa Adat di Bali yang lebih banyak melayani pinjaman bagi masyarakat desa untuk berbagai keperluan. Oleh karena itu didalam pengurusan LPD haruslah dikelola dengan baik, benar, transparansi agar tidak terjadi penyalahgunaan LPD di dalam pengelolaan dan peruntukannya. Metode penelitian yang digunakan dalam penelitian ini adalah penelitian hukum normatif-empiris. Penelitian ini merupakan perpaduan antara penelitian hukum normatif dan penelitian hukum empiris. Penelitian hukum normatif adalah penelitian hukum yang menggunakan data sekunder, sedangkan penelitian hukum empiris adalah penelitian hukum yang menggunakan data primer.  Berdasarkan hasil pra penelitian ini dapat disimpulkan terjadinya tindak pidana korupsi yang dilakukan baik itu Pengurus dan pengelola LPD menimbulkan sengketa. Sengketa yang dilakukan oleh Pengurus dan pengelola LPD menimbulkan konflik kepentingan baik antara pengurus dengan karma adat atau antar pengurus dan pengelola baik dalam tugas dan fungsi kewenangannya. Sengketa permasalahan adat di Desa dalam ruang lingkup LPD baik itu terindikasi yang menimbulkan kerugian desa ataupun pelanggaran Peraturan Perundang Undangan yang berlaku seringkali sengketa tersebut diselesaikan melalui hukum Nasional dibandingkan dengan hukum adat yang berlaku di suatu wilayah LPD.


SASI ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 310
Author(s):  
Maria Fransiska Owa Da Santo ◽  
Yustinus Pedo

Villages in the era of regional autonomy have the authority to determine the direction of development by optimizing the management of village funds through the establishment and development of Village-Owned Enterprises (BUMDES). This study aims at the concern of villages in NTT Province that have not made BUMDES as a vehicle for managing the Village Fund and as a comparison for researchers who took the research location in Kokbaun District, TTS Regency, NTT Province. This research is a descriptive legal research with the type of research is normative-empirical legal research. This type of research requires secondary data and primary data. The research data shows that the Village Government in Kokbaun District has understood the importance of establishing BUMDES as mandated by the Village Law, but there are obstacles in the implementation of its formation and development. The obstacles are the quality of Human Resources, namely the lack of understanding of villagers and the lack of skilled personnel in managing BUMDES in accordance with the articles of association and bylaws and understanding of village development. The principles of good corporate governance can help BUMDES management so that it becomes more focused and ultimately can increase village income which will also affect the development and economic development of rural communities.


2021 ◽  
Vol 3 (2) ◽  
pp. 23
Author(s):  
Sri Handayani ◽  
Mashur Hasan Bisri

This study aims to discuss the use of local wisdom in village development. Local wisdom that has become a local culture and is routinely implemented all contains norms, arts, mutual cooperation and togetherness in rural communities such as; traditional ceremonies, cultural activities, religious activities, and community social activities. The principle of recommendation and subsidiarity gives the village recognition and authority to be empowered and independent. Law Number 6 of 2014 concerning Villages is a policy affirmative so that villages can carry out various forms of development in all. The implementation of development requires the harmonization of all aspects of society so that it can fulfill the stages of the development process, from planning, implementation and accountability. Evaluation of development policies can be carried out based on existing noble values. The research was conducted using qualitative methods. Data search interview techniques for primary data and accommodate existing data and documentation in the village for secondary data. The result of this research is the role of local wisdom in Palaan Village by running the village community development will have a very significant relationship. Local wisdom that is cultural in nature such as traditional ceremonies carried out in the framework of pre-implementation of activities for infrastructure development, the form of activities funded by APBDesa is art groups.Keywords: Local wisdom, village authority, village development.


2020 ◽  
Vol 3 (1) ◽  
pp. 26-35
Author(s):  
Rudini Hasyim Rado

This research is focused on exploring the values of Kei customary law on the settlement of criminal cases that are resolved through customary institutions, by proposing 2 (two) problems, First, how is the existence of the law customary criminal Kei? Second, what is the role of customary institutions in the settlement of criminal cases? This research uses non-doctrinal legal research methods with interviews and observations as primary data. Meanwhile, data analysis is inductive and qualitative. It can be concluded that (1) the formal customary law of Kei is the values that live in the community that are agreed upon and are binding on the community, where the settlement of customary Kei crimes is taken in stages starting from the family level, customary institutions (Soa, Orang Kai and the last tier of Rat). (2) the role of traditional institutions in the settlement of criminal cases is starting to strengthen in society, this is indicated by the level of compliance with decisions and sanctions that are stipulated. People believe that customary cases are resolved by “insiders” (customary institutions) through deliberation (dok Tasdov) with a local wisdom approach to create social justice.


Author(s):  
Mirza Rahmatillah ◽  
Ridwan Nurdin

The success of developing a village cannot be separated from the role of the Village Head and the entire community. A developed village can be seen from the adequate facilities and infrastructure. The head of government has a big responsibility for the progress of his village in order to create a prosperous society. The formulation of the problem in this study is how the role of the village head in the implementation of development in Li-Eue Village and how the Siyasah Fiqh and Village Law review the role of the village head in the implementation of development in Li-Eue Village. This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadiths, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the analysis, it can be concluded that the role of the Li-Eue Village head in the implementation of development in Li-Eue Village is generally less than optimal so that it is less trustworthy or responsible for the duties as village head. Judging from the existence of several developments that have not been implemented. And less transparent and less mobilizing community participation. Review of Siyasah Fiqh and Village Law, namely leaders who are less trustworthy and less responsible.


2021 ◽  
Vol 3 (2) ◽  
pp. 204-222
Author(s):  
Hasbullah Bin Abdullah

The purpose of this study was to determine the implementation of Jatimakmur Village Owned Enterprise Management (BUMDes) in increasing Village Original Income (PADes) in Jatirejoyoso Village. The method used by researchers in this study is descriptive research with a qualitative approach. The data used in this study are primary data and secondary data. Primary data is data from interviews with respondents related to the implementation of Jatimakmur BUMDes management in increasing Jatirejoyoso Village Original Income. According to Article 1 Number (6) of Law Number 6 of 2014 concerning Villages, it is written that Village-Owned Enterprises, hereinafter referred to as BUMDes, are business entities whose entire or most of the capital is owned by separate villages to manage assets, services, and other businesses. for the welfare of rural communities. Then, amended through the Job Creation Act no. 11 of 2020 Article 117 and Article 185 explain that BUMDes is a legal entity established by villages and/or together with villages to manage businesses, assets, develop investment and productivity, provide services, and/or other businesses for the greatest welfare. public. Village Original Income (PADes) is all efforts made by the village government to support the implementation of Village Government in the context of implementing Village autonomy (Law Number 6 of 2014 concerning Villages Article 71). According to the explanation of Law Number 6 of 2014 Article 72 paragraph (1) letter a what is meant by "Original Village Income" is income that comes from village authority in managing village assets based on origin and local scale authority. , results of separated village wealth management, results of self-help, community participation and mutual cooperation, other legitimate village original income (Nurcholis, 2011: 82). Keywords: Management Implementation, Village Original Income, Village Owned Enterprises.


2021 ◽  
Vol 3 (1) ◽  
pp. 27-40
Author(s):  
Susanto Susanto ◽  
Abdur Rahim

The performance of a village head as head of village government must be able to carry out its main duties, namely leading and coordinating the village administration in implementing village development. The role of the village head is one aspect that stands out and affects the success of village development. The village head is assisted by village officials, as an element of village government administration. The formulation of the problem in this research is "What is the Role of the Village Head in the Implementation of Development in Mekarjati Village, Haurgeulis Subdistrict, Indramayu Regency" and "How the Siyasah Fiqh Review and the Village Law on the Role of the Village Head in Implementing Development in Mekarjati Village". The purpose of this research is "To know the role of the village head in the implementation of village development, and" to know the Siyasah Fiqh Overview of the role of the village head in the implementation of village development." This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data originating from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research. Based on the research results, it can be concluded that the role of the Mekarjati Village Head, in the implementation of village development in general, there are still some that are not optimal. It can be seen that there are still some developments that have not been carried out optimally, such as the development of education and environmental security systems (Siskamling).Keywords: Role, Village Head, Implementation, Development, Village Law, Fiqh Siyasah


Author(s):  
Ni Nengah Budawati

This study aimed to know and understand about the legal culture of community on the phenomenon of different caste nyentana marriage. This research was empirical legal research legal research with behavioral approaches. The data source consisted of primary data sourced directly at the site of research and secondary data that included legislation, traditional laws, law books, magazines, dictionaries and newspapers. This study used qualitative data analysis which then produced descriptive data.Based on the national legal perspective, there are no differences in the position of husband and wife in different caste nyentana marriage. But in Balinese customary law, it resulted in the wife having a position that is more important than the husband in the family. As in the context of social life, especially in the capacity as krama in the sub-village, then the husband remains responsible for his obligations as krama muani while the wife still serves as krama luh. Related to the legal culture of indigenous people in Tabanan over different caste nyentana marriage, the fact that people are still of the view that marriage is an inter-caste marriage. Thus the legal culture of indigenous people in Tabanan tends to be static. This is motivated by many factors, one of which is either ignorance factor of traditional leaders or traditional krama of Decree of the Parliament No. 11 of 1951 which expressly has abolished inter-caste marriages that often lead to discrimination. Penelitian ini bertujuan untuk mengetahui dan memahami tentang budaya hukum masyarakat terhadap fenomena hukum perkawinan nyentana beda wangsa. Penelitian ini ialah penelitian hukum penelitian hukum empiris dengan pendekatan pendekatan prilaku (behavioral approach). Data primer bersumber langsung dari lokasi penelitian, sedangkan data sekunder berupa peraturan perundang-undangan, awig-awig­, literature hukum, majalah, kamus dan surat kabar. Pada penelitian ini data dianalisis secara kualitatif yang kemudian menghasilkan data deskriptif. Berdasarkan perspektif hukum secara nasional, tidak terdapat perbedaan kedudukan suami-isteri dalam perkawinan nyentana beda wangsa. Namun dalam Hukum adat Bali, justru mengakibatkan istri memiliki kedudukan yang lebih penting dibanding suami di dalam keluarga. Adapun dalam konteks kehidupan bermasyarakat, khususnya dalam kapasitas sebagai krama di banjar, maka si suami tetap bertanggung jawab pada kewajibannya sebagai krama muani sedangkan si istri tetap berkedudukan sebagai krama luh. Terkait dengan budaya hukum masyarakat hukum adat di Tabanan terhadap perkawinan nyentana beda wangsa, faktanya masyarakat tetap berpandangan bahwa perkawinan tersebut merupakan perkawinan antar kasta. Dengan demikian budaya hukum masyarakat hukum adat di Tabanan cenderung bersifat statis. Hal ini dilatarbelakangi oleh banyak faktor, salah satu diantaranya ialah faktor ketidaktahuan baik dari pemuka adat maupun krama adat tentang Keputusan DPRD  No. 11 Tahun 1951 yang secara tegas telah menghapus perkawinan antar kasta yang kerap menimbulkan diskriminasi.


2017 ◽  
Vol 13 (2) ◽  
pp. 97
Author(s):  
Margaretha ., Impal ◽  
Benu Olfie L. S. ◽  
Vicky R. B. Moniaga

This study aims to describe the role of Farmers Group "Tenggang Rasa" to the development of cocoa plants in the village of Inomunga, Kaidipang Sub-district, Utara Bolaang Mongondow District, North Sulawesi Province. The study lasted for 3 (three) months from January to March 2017 in Inomunga Village, Kaidipang Sub-district, Bolaang Mongondow Utara District. The data used were primary data collected through interviews with all members of farmer group "Tenggang Rasa" which amounted to 15 people as respondents. Secondary data were obtained from the Agricultural Office, the Inomunga Village Office and the District Office in Bolaang Mongondow Utara. The analytical method used is descriptive through Likert Scale and presented in tabular form. The results showed that “Tenggang Rasa” Farmer Group in Inomunga Village has a very important role as learning class, cooperation vehicle and production unit to develop cocoa plant by getting index of role which belong to high category that is 82,85 percent. With the existence of farmer groups, farmers are very helpful in overcoming their problems to get solution for the development of cocoa plants.


2017 ◽  
Vol 13 (1) ◽  
pp. 99
Author(s):  
Andreas ., Rasu ◽  
Noortje Marsellanie Benu ◽  
Elsje Pauline Manginsela

The purpose of this study to determine the impact of the presence of Coconut Flour Industry (PT. Global Coconut) to the community in the Radey Village. This research was carried out on members of the village community Radey as respondents. Total respondents 32 people consisting of workers in the industry (25 persons), who did not work in the industry that ordinary members of community (5 persons) and community leaders (2 persons). The study lasted for 3 months from September to November 2016. The sample selection using snowballing method. Types of data collected in this study are primary and secondary data. Primary data is data obtained by direct interview to the respondents. Secondary data is obtained from the Village Office. The data collected concerning Identity Respondents, namely: (1) Name of Respondent, (2) age, expressed in units of years, (3) Level of education, measured by educational level already attained (elementary, junior high, high school, diploma, and University). Data regarding positive or negative impact of the presence of Industry on the community in the village of Radey regarding: (1) Income received before and after working in the company, (2) employment opportunities, (3) business opportunities. The analytical method used in this research is descriptive analysis method qualitative and quantitative modest presented in tabular form. The results of this research showed that the presence of PT Global Agro-Industry Plant in the Radey Village has gave positive and negative impacts for rural communities in the form of increases in income, employment and business opportunity, the new procurement of agricultural roads better and their support for the national celebration activities in the village. The negative impact of such a foul odor had happened only when the management of the rest of the selection in the form of broken coconut and waste production is not done well.Keywords: impact, agro-industry, community, village Radey, South Minahasa District


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