Village Law Research Articles

TELAAH KRITIS STATUS BADAN HUKUM DAN KONSEP DASAR BADAN USAHA MILIK DESA

Law No. 6 of 2014 on Villages (Village Law) appears to construct Village-Owned Enterprise or Badan Usaha Milik Desa (BUM Desa) as a new form of business entity within the Indonesian legal sphere. BUM Desa is considered to be different from other variants of business entities in Indonesia. There are multiple interpretations regarding the status of BUM Desa, debating whether they are legal entities or not. This normative legal research discusses the legal aspects of BUM Desa following the promulgation of the Village Law. It concludes that: (1) theoretically BUM Desa meets the criteria as a public legal entity. The issuance of Law No.11 of 2020 on Job Creation confirms the status of BUM Desa as a legal entity; (2) BUM Desa is a public business entity with a unique character to villages different from other forms of business entity with private ownership such as limited companies and cooperatives. However, legal provisions on BUM Desa still contain logical inconsistencies regarding the basic conception of BUM Desa and Law 12/2011 does not yet include Perdes as statutory regulation. The confirmation of the status of BUM Desa legal entities needs to be complemented by synchronization with Law 12/2011 to strengthen the position of Perdes as the legal basis for the establishment of BUM Desa along with various other sectoral regulations

The Concept of Special Judicial Institutions in Dispute Resolution of Village Heads In Indonesia

The idea of village head dispute resolution through the Special Judicial Institution began with anxiety over Law 6 of 2014 concerning Villages, Government Regulation number 6 of 2014 concerning Implementation of Village Laws, and Minister of Home Affairs Regulation No. 112 of 2014 concerning Guidelines for Election of Village Heads, which has not yet regulated the village head election supervisory institutions and dispute resolution institutions for village head elections. The institutions that are required to complete based on these rules are Regents with a period of 30 days. Regents are political positions which also have many political interests. The existence of this decision had an impact on one of the candidates for the village head. The current practices for resolving disputes over village head elections through the District Court and the State Administrative Court. The purpose of this study to create a concept for regional special judiciary institutions in resolving regional election disputes in Indonesia. This research using a normative juridical approach with a statute approach, history approach and conceptual approach. The results of the study show that by establishing a special independent judicial institution based on local wisdom by prioritizing the principle of kinship and consensus building. The main task of the institution is to assist the regional head in providing alternative legal services, to serve and protect the rights of the parties in seeking truth and justice, and to settle according to a predetermined time, to try to examine and decide on cases of village head election disputes.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

Peranan Kepala Desa Dalam Pelaksanaan Pembangunan Ditinjau Dari Fiqh Siyasah dan UU Desa No. 6 Tahun 2014

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.

Urgensi Pembentukan Lembaga Adat Urang Lom Guna Memberikan Perlindungan Suku Lom

Bangka Belitung Province have a community called a native population known as the Lom or Urang Lom. Legal recognition of the Urang Lom community in the formation of the Village Customary Institution where Urang Lom still lives is a very important part of the perspective of legal protection. The form of legal protection against the existence of Urang Lom is only limited to the recognition of a traditional institution called Mapur Customary Institution which is under the auspices of the Malay Customary Institution of Bangka. The formal and material legality problem in the formation of the Urang Lom Customary Institution in Gunung Muda and Gunung Pelawan Villages is related to the synergy of the Mapur Customary Institution that has been formed with the Village Customary Institutions based on the Village Law. Gunung Muda Village, and Gunung Pelawan Village made the formation of the Village Customary Institution be difficult because it clashed with the village territorial area.

Determinants of Performance of Village Government in Early Implementation of Village Law

Decentralization policy in Indonesia has been expanded to the level of the village since 2015. The main purpose of this policy is to improve the performance of village government in providing more effective public service and efforts to poverty alleviation in rural areas. The authors argue that social capital, governance practices, leadership capacity, and resources can be important factors influencing the performance of village government. However, knowledge about to which extent village governments present their actual performance concerning social capital, governance practices, leadership and resources is still not sufficient yet. Using survey data conducted in 2015, this study aims to describe the early state of village government performance and examines links among social capital, governance practices, leadership capacity and resources with village government performance. The survey has selected 10 villages representing upland and lowland areas in Banyumas Regency, Central Java Indonesia. From each village, we choose 30 community leaders to express their opinion on our variables. Data is analyzed by descriptive statistics and ordinal regression since it was an ordinal scale. The result shows that village governments still have a good ability to formulate strategic planning, to realize development outcomes relevant to community needs, to utilize public participation in decision-making stages, to develop community organization capacity and to empower villagers.

Rekognisi dan Reposisi Aktor dalam Asimilasi Hukum Lama di Nagari (Baru) Sumatera Barat

Nagari as a system of local wisdom that lives in the Minangkabau society has a long way in it relation to national law and international values, especially in the era of transnationalization of law. The regulations have been always led to a shifted the structure and function of the customary government structure in Minangkabau. This article is an evaluation of existing Nagari Government regulations in West Sumatra. The paradigm used is constructivist with a socio-legal approach. The result indicate that there is a shift in the order, structure, and function of cultural actors in society in the established local laws. The formation of local laws regarding Nagari as a response to the opportunities provided by the Village Law reaffirms the independence of the nagari through the existence of the Adat Salingka Nagari. The discussion to results leads to the use of the old legal assimilation in the legislation of Nagari Regulation has not succeeded to present a representative local law in protecting local wisdom in West Sumatra. So it is deemed necessary to minimize the state's domination of the people's needs in creating a balanced and comprehensive democracy.

Village Business Company’s (VBC) development model as a channel for economic and social empowerment in Pulau Kampai Village, Pangkalan Susu District, Langkat Regency, North Sumatera Province, Indonesia

ABSTRACT To encourage the growth of the village economy, the Village Law also mandates the establishment of a Village Business Company (VBC). The VBC is expected to be able to become an instrument of village development, both in terms of economic development and social development. Langkat Regency is one of the Regency in North Sumatera that responded to the establishment of the VBC by making a Regional Regulation that requires all villages to establish VBC. Based on the Regent’s Regulation, every village, including Pulau Kampai Village, Pangkalan Susu District, Langkat Regency, tried to initiate a VBC, in accordance with the potential of Natural Resources, Human Resources, and needs of each village. Seeing the important role of VBC in the economic and social empowerment of rural communities, it is necessary to conduct a study of the existence of VBC since its inception until the present condition which is already more or less 4 years (2015–2019). This is necessary to see how the VBC development model is in the effort to empower the economy and social village communities. The findings of this model are needed so that it can be replicated to other VBCs and VBC has an alternative model in order to develop the VBC they are managing. This study uses a combination of qualitative and quantitative research design approaches with a combination model used in this study is dominant-less dominant design. The result shows that the Savings and Loan Business Unit was chosen because most of the residents of this village work are traditional fishermen, where this work is always tinged with income uncertainty, so that institutions are needed to be able to provide loans when they need them. VBC Sejahtera Bersama is principled as an institution that empowers rural communities to become more productive and effective.

Optimization of the Implementation of Village Government in Indonesia

The issuance of Law of the Republic of Indonesia No. 6 of 2014 concerning Villages, positioning villages as the spearhead of national development. The existence of a village law also provides clarity about the position and the authority of the village government in managing village household affairs. The regulation also regulates government policies regarding the allocation of village funds which allows them to be used to develop their potential. In addition, the village policy gives villages a source of funds and adequate authority to improve the welfare of the village community. Regulations that provide substantial authority and responsibility to villages must certainly be balanced with the implementation of village governments that are able to commit to running good governance. In implementing the policy, it turns out that there are still cases of misappropriation of the allocation of village funds by the village government apparatus. This paper will explain the analysis related to the importance of village governance in implementing the Law of the Republic of Indonesia No. 6 of 2014 using the rational bureaucracy theory put forward by M. Weber.

Perencanaan Pelaksanaan Dana Desa Dalam Meningkatkan Kesejahteraan Masyarakat Dalam Perspektif Ekonomi Syariah

The Village law has made the village the subject of development. Villages and villagers jointly initiate village development in order to create a better livelihood and village life. Village funds as village capacity in development have the potential to improve community welfare. This Research is a qualitative research with a descriptive analysis approach in order to analyze the planning and implementation process of village funds in improving community welfare from a sharia economic perspective. Data collection techniques used are interview, observation and documentation methods. The governments, community leaders and villagers became informants so that a broad perspective was obtained about village funds and their implications for walfare. The results showed that the planning and implementation of village funds was not yet participatory, the grassroots community had not been involved. Physical infrastructure became the priority of discussion during the planning process. In an effort to improve welfare in 2019 touching the aspects of health, education, and community residence. In 2020, village funds have a greater role in increasing community income in the form the cash assistance to the community in overcoming the covid 19 pandemic. In order to achieve a comprehensive development, in the process must apply sharia economic values. The value of integrity in the devekopment process in the form of justice, trust and fulfillment of reponsibilities as well as helping each other.

Perencanaan Pelaksanaan Dana Desa Dalam Meningkatkan Kesejahteraan Masyarakat Dalam Perspektif Ekonomi Syariah

The Village law has made the village the subject of development. Villages and villagers jointly initiate village development in order to create a better livelihood and village life. Village funds as village capacity in development have the potential to improve community welfare. This Research is a qualitative research with a descriptive analysis approach in order to analyze the planning and implementation process of village funds in improving community welfare from a sharia economic perspective. Data collection techniques used are interview, observation and documentation methods. The governments, community leaders and villagers became informants so that a broad perspective was obtained about village funds and their implications for walfare. The results showed that the planning and implementation of village funds was not yet participatory, the grassroots community had not been involved. Physical infrastructure became the priority of discussion during the planning process. In an effort to improve welfare in 2019 touching the aspects of health, education, and community residence. In 2020, village funds have a greater role in increasing community income in the form the cash assistance to the community in overcoming the covid 19 pandemic. In order to achieve a comprehensive development, in the process must apply sharia economic values. The value of integrity in the devekopment process in the form of justice, trust and fulfillment of reponsibilities as well as helping each other.

The Policy of Village Web-Based Land Affairs Administration Management as Prior Evidence in Land Registration in Indonesia

Indonesia has not had good land affairs administration management yet at Village Government Level. Land conflict or dispute derives from village’s very limited, manual, and outdated data. Data at village level still refers to data inherited from East Indie government time. The data available cannot meet the modern need today. Relatively inadequate human resource at village level and low awareness of land affair administration discipline within society make the change of prior data supply difficult. This research will study the utilization of village web in providing prior evidence of land registration and the juridical construction of web-based land affairs administration management to the organization of village government. The normative juridical research method with statute and conceptual approaches was used to address the problem of research. The result of research showed that the data of land affairs presented by village web can be the prior evidence as governed in Government Regulation about Land Registration and the provision without changing the source of evidence that can be either written evidence or testimony. The juridical construction of village web-based land affairs administration management derived from Village Law, Archive Law, and Information and Electronic Transaction Law. Village government can present the web-based land affairs data and make it electronic evidence. Keywords: Management, Administration, Land Affairs, Village Web

KAJIAN PENGELOLAAN DANA DESA SEBAGAI PERWUJUDAN TATA KELOLA KEUANGAN DESA

This study aims to find out empirically the management of village funds carried out by village officials in order to realize the financial management of village funds mandated by the Village Law. Village fund management in this study focuses on the availability of BUMDes priority programs. The hypothesis in this study is transparency (X1), accountability (X2), community participation (X3), effectiveness (X4) and BUMDes (X5) influencing the management of village funds (Y). This study uses primary data through a questionnaire, with a total of 90 respondents. The sample of the research is the village officials and BUMDes officials in Punggur District, Central Lampung Regency. Hypothesis testing using software PLS, through multiple regression analysis test equipment. The results showed that the variables of transparency, accountability, community participation, effectiveness, and BUMDes had a positive effect on village fund management in Punggur District, Central Lampung Regency.

Dilema Pelaksanaan Urusan Pemerintahan Umum di Kecamatan oleh Camat (Studi di Kecamatan Kahayan Tengah Kabupaten Pulang Pisau)

The affairs of public government have an important urgency amid diversity, the threat of intolerance, radicalism, the disintegration of the nation today. The central institutional role in the region is both security and order-based, defense will be difficult to run optimally without the support of the organizational structure of regional devices with its work program. Regulatory, technical and political constraints will be officials in the allocation of work programs and regional budgets to leading organizational units such as the sub-district government being the cause of the lack of public government affairs properly maintained by the District Court in the sub-district.
 This research seeks to examine the dilemma of conducting public government affairs in The Central Kahayan District of Pulang Pisau Regency by the district, amid current reforms and democracy that gives broad authority to districts/ cities as well as village governments with village laws and budgets of one billion villages through a qualitative scripted approach.

The role of Indonesian Think Tanks as policy entrepreneurs in policy development of village governance

ABSTRACT The role of Indonesian think tanks as policy entrepreneurs is evolving as the government has become more open to the involvement of non-state actors.They are non-partisan, groups of intellectual, and have the power to determine their own research agenda, policy focus, and public purpose. Using the case study of the poverty alleviation-oriented Village Law, this paper examines how Indonesian think tank as policy entrepreneur influenced policymakers in the development processes. This paper also explores how think tanks interact with government institutions, parliament, universities, media, interest groups, civil society, and NGOs to create policy networks and achieve policy change.

Photographing the Aspiration of the Hindu-Islam as Interfaith Dialogue Policy

Managing plural and multicultural diversity of citizens is an obligation mandated by the constitution and the third precept of Pancasila. One of the efforts to care for diversity within the framework of Indonesian unity is through interfaith dialogue which is packaged in fostering religious harmony. With the issuance of Village law 16 of 2014 has provided space for aspirations to manage the diversity of citizens through the deleberative democracy process in the village budget policy mechanism in Village Development Conference. This research has found grassroots aspirations that are included in the Village Fund policy in Klinting Village, Banyumas district. Although it is not the main aspiration in the village budget policy priorities, it is at least a quality aspiration that is included in the village fund policy. The issue of religion in the form of interreligious dialogue between Hindu-Islamic religions is still a common thread in the realities of policy and the aspirations of people's lives, that is the aspiration demonstration that can be achieved from this research.

An Analysis of Village Fund Implementation in Central Java Province: An Institutional Theory Approach With a Modeling Institutional Aspect

The implementation of the fiscal decentralization concept in Indonesia has completed with the issuance of the Village Law and Village Fund Program. Nevertheless, some problems arose in the application. This study aims to map the issues and to build a relationship model based on institutional theory, using content analysis and triangle approach interviews. The study concludes that the Village Fund is profoundly affected by the coercive element that is sourced from the authority of the government to regulate and supervise the program. The coercive then influence the normative in which the regulation frame and strict implementation lead to the difficulties to fulfill the administrative requirements. It then affects the cognitive element on how to make sustain and executable planning of the Village Fund Program, which leads to poor planning, so that difficult to be executed. As it is mandatory, the program is still run improvised that makes the output utilization was low. 

ASPEK HUKUM PRINSIP TATA KELOLA PERUSAHAAN YANG BAIK DAN PENERAPANNYA PADA BADAN USAHA MILIK DESA

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.

Analysis of Village Fund Budget Management in Bololo Village, North Wasile District, East Halmahera Regency

Village Fund Allocation is a form of fulfilling villages’ right to carry out its autonomy in such a way that they grow and develop based on diversity, participation, original autonomy, democratization, community empowerment, and increasing the role of the village governments in providing services, improving welfare of the community and spurring development acceleration and growth of strategic areas. This study aims to analyze the management of the Village Fund Budget in Bololo Village, North Wasile District, East Halmahera Regency. This study made use the qualitative research in its methodology. The data sources were community leaders, and village heads, chosen to be key informants because they are considered to know extremely well and provide information about the things to be examined, to whom are asked which people will be the main informant. The snowball sampling was used for sampling. Based on the analysis results, it can be concluded that (1) the implementation of Village Fund Allocation (ADD) is uneven and not in accordance with Government Regulation Number 72 of 2005 and Village Law Number 6 of 2014. (2) The Government of Bololo Village, North Wasile District, East Halmahera Regency, in its accountability of Village Fund Allocation (ADD) is only one-sided and does not apply the transparency principle to the community.

Sosialisasi Pentingnya Pengaturan dan Pemanfaatan Aset Desa Untuk Meningkatkan Pendapatan Desa di Desa Lau Kecamatan Dawe Kabupaten Kudus

Abstract
 Lau Village in Dawe Subdistrict is one of the villages in Kudus Regency that still does not have clear rules regarding village assets and their use. Therefore, the purpose of this activity is to provide information and knowledge to village officials, BPD, and community representatives about the importance of village assets in Lau Village and how to use them so that existing village assets can help support village income and development. The method used in this activity is the socialization carried out by the team, then followed by a discussion related to obstacles and problems that arise related to village assets and their use so far. The solution offered is to provide information on the proper arrangement of village assets in accordance with the Village Law and the rules below, so that village assets in Lau Village can be in accordance with the law and have legal certainty, as well as with the management and use of village assets that are optimal.
 Keywords: Regulation, Utilization, Village Assets, Village Income