scholarly journals Protecting the Village Credit Institution: Should Traditional Communities Adopt Modern Financial Management Practices?

2018 ◽  
Vol 2 (2) ◽  
pp. 115
Author(s):  
Luh Putu Yeyen Karista Putri ◽  
Eric Gordon Withnall
Keyword(s):  
Financial Management ◽  
Management Practices ◽  
Financial Institution ◽  
National Standards ◽  
Customary Law ◽  
Credit Institution ◽  
Legal Research ◽  
Protection Systems ◽  
Legal Character ◽  
The Village

A Lembaga Perkreditan Desa (Village Credit Institution or LPD) is a type of financial institution that is associated with a Balinese customary village. LPDs face competing pressures to both maintain their traditional character and align themselves with national standards for financial management. This article establishes the hybrid legal character of LPDs (under Balinese customary law and Indonesian national law) in order to analyse their evident shortcomings, being the vulnerability of some monitoring and protection systems to misappropriation. We rely on normative legal research methods, including statutory analysis and analysis of case studies. We examine the LPD Regulations and Balinese customary law, supplemented by interviews on issues of relevance. We conclude that the recognition of LPDs under the law, given the fundamental basis of the LPD in the customary village, ought to be given primacy to their status under Balinese customary law. However, the monitoring and protection systems of LPDs must be improved and uniform standards must be enforced – otherwise, their customers will simply use other financial institutions. We also conclude that it is possible to improve management practices while respecting the autonomy of customary villages. Therefore, we assert that properly implemented measures will make a direct intervention from government unnecessary.

scholarly journals PERAN DESA ADAT DALAM TATA KELOLA LEMBAGA PERKREDITAN (LPD) DI BALI

2021 ◽  
Vol 5 (2) ◽  
pp. 580
Author(s):  
Mia Hadiati ◽  
Lis Julianti ◽  
Moody R Syailendra ◽  
Luthfi Marfungah ◽  
Anggraeni Sari Gunawan
Keyword(s):  
Informal Sector ◽  
Research Method ◽  
Conflicts Of Interest ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
Microfinance Institutions ◽  
Credit Institution ◽  
Legal Research ◽  
The Village

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.

scholarly journals Tata Kelola Dana Desa dalam Rangka Implementasi Undang–Undang Nomor 6 Tahun 2014 Tentang Desa di Kecamatan Krian Kabupaten Sidoarjo

2019 ◽  
Vol 5 (1) ◽  
pp. 23
Author(s):  
Achmad Fauzi
Keyword(s):  
Financial Management ◽  
Management Practices ◽  
Science Studies ◽  
Good Governance ◽  
Research Approach ◽  
Legal Anthropology ◽  
Legal Research ◽  
Comparative Linguistics ◽  
The Social ◽  
The Village

The village is a collection of people who live together or a region, which has a government organization with a set of rules that you define yourself, and under the leadership of the village were selected and assigned its own. Since the enactment of Law No. 6 of 2014 on Village hereinafter called the Village Law. In the course of this village there is a translation of the Act detailing government regulations on the management of village finances. Of PP 43 in 2014 and converted into PP 47 2015 and of PP PP 60 in 2014 to 8 in 2016, there are some things that lead to the necessity of adjusting the legal basis on the village's financial management practices. The problems of this research focuses on the mechanism of channeling funds Krian village in the district of Sidoarjo regency and use of village funds to realize good governance in Sidoarjo. And finally, this study aims to Analyze fund disbursement mechanism villages to villages in Sidoarjo and analyze procedures and the implementation of the use of funds village in Sidoarjo. The method used in this study is a socio legal research approach jurisprudence which use the social sciences, by applying social science perspective to the study of law. Including legal sociology, legal anthropology, legal history, psychology and law, political science studies judiciary, comparative linguistics, as well as other scientific. Legal research is performed to find a solution to the legal issues that arise. The results to be achieved is to provide a prescription of what should be.

scholarly journals Kewenangan Pengelolaan Keuangan Lembaga Perkreditan Desa (LPD) Setelah Berlakunya Peraturan Daerah Nomor 29 Tahun 2013

2021 ◽  
Vol 2 (1) ◽  
pp. 142-146
Author(s):  
Made Ipunk Dwi Kusuma ◽  
Nyoman Putu Budiartha ◽  
Diah Gayatri Sudibya
Keyword(s):  
Human Resources ◽  
Financial Management ◽  
Qualitative Method ◽  
Provincial Government ◽  
Data Sources ◽  
Credit Institution ◽  
Legal Research ◽  
Descriptive Qualitative

The purpose of this research is to explain the authority of LPD financial management in Badung Regency, after the enactment of the Badung Regency Regulation No. 29/2013 and to find out the direction of the utilization of LPD coaching funds in Badung Regency. This research used normative legal research, with a statutory approach that specifically regulates the financial management authority of the LPD after the enactment of the Badung Regency Regulation number 29 of 2013. The data sources used were primary and secondary legal materials. The data were analyzed using descriptive qualitative method, namely the presentation by describing in detail certain aspects related to the problem being researched. The results showed that the authority to regulate the implementation of village credit institution activities in Badung Regency is still handled by the Provincial government because so far the Province has never handed over or delegated this authority to Badung Regency. Second, the utilization of village credit institution development funds is to provide guidance to LPDs in Bali and to improve the performance and quality of LPD management human resources.

scholarly journals IMPLEMENTASI DANA DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014

2020 ◽  
Vol 1 (2) ◽  
pp. 22-29
Author(s):  
Kasman Siburian ◽  
Hisar Siregar ◽  
Tri Dennis Boy Silitongan
Keyword(s):  
Financial Management ◽  
Descriptive Analysis ◽  
Analysis Approach ◽  
Legal Research ◽  
Fund Allocation ◽  
Village Community ◽  
The Status ◽  
The Law ◽  
The Village

The presence of the Law on Villages, namely Law No.6 of 2014 strengthens the status of the Village as a community government as well as a Village power to build infrastructure and prosper the Village community. Villages receive transfer funds from the regions in the form of Village Fund Allocation (ADD). This research was conducted in Lobusiregar II Village, Siborongborong District, North Tapanuli Regency. This study aims to analyze village financial management in managing the Village Fund Allocation. This type of research is a juridical emipirical legal research with a descriptive analysis approach. This research was conducted using documentation techniques and interviews with parties involved in ADD management. The results of the description are obtained through the analysis of Permendagri No. 113 of 2014 by comparing the realization in the field.  

scholarly journals Peranan Lembaga Pemberdayaan Lembaga Perkreditan Desa (LPLPD) dalam Penyelesaian Kredit Macet

2020 ◽  
Vol 1 (2) ◽  
pp. 169-174
Author(s):  
I Wayan Sastrawan, Ida Ayu Putu Widyati ◽  
Ida Ayu Putu Widyati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Preventive Action ◽  
Budget Management ◽  
Credit Institution ◽  
Legal Research ◽  
Administrative Guidance ◽  
Credit Agreement ◽  
And Control ◽  
The Village ◽  
Technical Guidance

The community in Bali is greatly aided by the credit facilities with the existence of the Village Credit Institution (LPD). The institution is the lifeblood of the village’s economy. Looking through the importance of the LPD’s function, it is necessary to have a special institution having the power of empowering the LPD, so the Village Credit Institution Empowering Agency (LPLPD) is established. This study examines the role of the LPLPD in settling bad credit as well as the procedures for settling the bad credit at the LPD. This issue is examined by the normative legal research method. In empowering the LPD, the LPLPD performs its duties through technical strengthening related to administration and bookkeeping, checking, upgrading, LPD security budget management, LPD supply guarantee budget management, LPD liquidity support budget management, and control of LPD problems. LPLPD also seeks to prevent the risk of bad credit arising in the LPD through coaching that has been planned and scheduled in each district. LPLPD takes preventive or initial preventive action with technical guidance such as administrative guidance, bookkeeping including credit guidance. LPLPD does not participate in direct credit problem solving. On the other hand, these institutions provide solutions to LPD administrators to analyse the problem whether the credit process is due to the fault of the process or because the customer is not able to make payment. If the technical or the credit process that is wrong, it is the responsibility of the manager; however, if the process is correct but the customer causes a problem, the process must go through billing in accordance with the credit agreement. If there is already bad credit, the steps that must be taken are billing, restoration and if these are unhelpful then ultimately an credit guarantee auction is carried out.

scholarly journals PERBUATAN HUKUM SANKSI ADAT PENYAMIL DI DESA PAKRAMAN TANGGAHAN PEKEN, DESA SULAHAN, KECAMATAN SUSUT, KABUPATEN BANGLI

2020 ◽  
Vol 14 (2) ◽  
pp. 27
Author(s):  
Ni Made Radha Rani Devi ◽  
I Made Suta
Keyword(s):  
Data Collection ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Human Relations ◽  
Literature Study ◽  
Legal Research ◽  
Study Techniques ◽  
The Village ◽  
Formulation Of Problems ◽  
Holy Place

<p>Bali Customary Law is a law or regulation written with unwritten conditions that contain commands and prohibitions for the behavior of indigenous peoples in matters governed by human relations with God, human relations with the environment, and human relations with humans, which in Bali is known as dialogue Tri Hita Karana. The imposition of traditional sanctions is a way to restore balance or neutralize the shock caused by traditional violations that have taken place in the Pakraman village environment. Such as the imposition of the Penyamil Customary Sanction which was handed down because the community committed acts that violated the existing provisions in Desa Pakraman Tanggahan Peken. Based on this, the issues discussed in this study include: What legal actions can be imposed by the Penyamil Customary Sanction in Pakraman Tanggahan Peken Village, Sulahan Village, Susut District, Bangli Regency? The problems that arise are examined using the theory of validity and effectiveness of the law in dissecting the formulation of problems regarding legal actions that can be subject to Penyamil Customary Sanctions in the Village of Pakraman Tanggahan Peken, Sulahan Village, Susut District, Bangli Regency. Data collection in this study used interview techniques, literature study techniques, questionnaire distribution and observation. In this study, the type of research used is a type of empirical legal research. Penyamil Customary Penalty Occurrence in Desa Pakraman Tanggahan Peken due to harsh/dirty words and misbehavior in a holy place or in a village meeting, and because of this error a<br />person who is violated is subject to Penyamil Customary Sanction which can be in the form of financial penalties or Maprayascita fines , depending on the mistakes made. The factors that influence the occurrence of violations of the Penyamil Customary Sanction due to community ignorance, emotional, and developments in the current era of globalization.</p>

scholarly journals IMPLEMENTASI DANA DESA SESUAI UNDANG-UNDANG NOMOR 6 TAHUN 2014 (STUDI KASUS DESA LOBUSIREGAR II KECAMATAN SIBORONG-BORONG KABUPATEN TAPANULI UTARA)

2021 ◽  
Vol 2 (01) ◽  
pp. 80-92
Author(s):  
Rinsofat Naibaho ◽  
Hisar Siregar ◽  
Tri Dennis Boy Silitonga
Keyword(s):  
Financial Management ◽  
Descriptive Analysis ◽  
Analysis Approach ◽  
Legal Research ◽  
Fund Allocation ◽  
Village Community ◽  
The Status ◽  
The Law ◽  
The Village

The presence of the Law on Villages, namely Law No.6 of 2014 strengthens the status of the Village as a community government as well as a Village power to build infrastructure and prosper the Village community. Villages receive transfer funds from the regions in the form of Village Fund Allocation (ADD). This research was conducted in Lobusiregar II Village, Siborongborong District, North Tapanuli Regency. This study aims to analyze village financial management in managing the Village Fund Allocation. This type of research is a juridical-emipirical legal research with a descriptive analysis approach. This research was conducted using documentation techniques and interviews with parties involved in ADD management. The results of the description are obtained through the analysis of Permendagri No. 113 of 2014 by comparing the realization in the field.

scholarly journals Problematika Hukum dalam Pengelolaan Dana Desa berdasarkan Perspektif Otonomi Desa di Lampung (Studi Desa Paku Negara Kabupaten Pesisir Barat)

2020 ◽  
Vol 13 (1) ◽  
pp. 75-94
Author(s):  
Dauri Dauri ◽  
Thio Haikal Anugerah ◽  
Hanifah Nuraini
Keyword(s):  
Human Resources ◽  
Financial Management ◽  
Legal Research ◽  
Roles And Responsibilities ◽  
Inhibiting Factors ◽  
Legal Problems ◽  
Planning Ability ◽  
Preparation Stage ◽  
Three Stages ◽  
The Village

The birth of village autonomy has made the village more independent in taking care of the household in the village. With the promulgation of Law Number 6 of 2014 concerning Villages, the Domestic Metric Regulation Number 20 of 2018 concerning Village Financial Management makes village governments have their own autonomous bodies to manage village finances. Roles and responsibilities received by villages have not been matched with adequate Human Resources (HR) in terms of both quantity and quality. Even though the funds owned by a village are very large, but if they are not properly regulated in their planning and users, it will result in these funds being wasted or unable to provide maximum results in the use of these village funds. At present Indonesia Corruption Watch (ICW) many Village Officers, especially the Village Head, are affected by Hand Tagging Operations (OTT) by the Corruption Eradication Commission (KPK). The problem that will be discussed in this study is how the legal problems in the preparation of the Village Budget (APBDes) for village development and what are the inhibiting factors in implementing the APBDes preparation. The method used is normative legal research and empirical legal research. The results showed that, the legal problems in the preparation of APBDes went through 3 (three) stages, namely the preparation, evaluation and determination stages. However, in the preparation stage of the APBDes preparation process, it did not directly involve the community as stipulated in the legislation related to village financial management. the inhibiting factors of the Village apparatus and Village Association Institutions lack understanding of the Village Law and its implementing regulations, weak planning ability.

scholarly journals Keabsahan Perkawinan Ngerorod (Kawin Lari) di Desa Kelusa, Kabupaten Gianyar

2021 ◽  
Vol 2 (1) ◽  
pp. 184-188
Author(s):  
I Wayan Bayu Suta ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Research Method ◽  
Customary Law ◽  
Sociology Of Law ◽  
Legal Research ◽  
The Law ◽  
The Village

Today's Balinese customary law recognizes two ways to carry out a marriage, namely marrying by memadik (engaging) and marrying by means of Ngerorod (kawin lari). If during the engagement period the parents and families of both parties have the blessing, the marriage will be done by memadik. Conversely, if the engagement period does not get the blessing of the parents and family of one or both parties, while the couple has already fallen in love and it is no longer possible to be separated, then ngerorod is the only way to get married. This study aims to determine the validity of the Ngerorod marriage (kawin lari) in the village of Kelusa, and to determine the legal settlement of the Ngerorod marriage in the village of Kelusa. The research method used is an empirical legal research method with a sociology of law approach. The results showed that the legality of the ngerorod marriage that usually occurs in Kelusa village is that the man and the woman make a statement that the woman is legally in the house of the man she loves. The male family came to Bendesa Adat and Kelian Adat to discuss the ngerorod marriage, then the man picked up the woman in front of her house. Then, the legal settlement in the Ngerorod Marriage in Kelusa village was because the woman was still married to another person, after going through a sangkep (meeting) by the traditional village prajuru giving customary sanctions and being directed or obliged to legally divorce according to the provisions of the Law.

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
Keyword(s):  
Rural Communities ◽  
Rural Community ◽  
Rural Areas ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
Legal Research ◽  
Community Justice ◽  
The Village

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.

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