PERJANJIAN PEMANFAATAN TANAH KAS DESA YANG DIKELOLA LANGSUNG PEMERINTAH DESA : ANALISIS RISIKO WANPRESTASI DAN PERUMUSAN SOP

Abstract

Village Assets land (Tanah Kas Desa/TKD) is a strategic village asset that supports village revenue and community welfare, yet when it is managed directly by the village government without third-party involvement, the legal relationship formed with the parties engaged in its cultivation is frequently left undocumented. The absence of standardized provisions on the parties, tariffs, payment mechanisms, and supervision creates a serious risk of default (wanprestasi) and disputes, making this issue urgent to examine, particularly in the practice of managing the TKD of Desa Bulu, which is planned to be cultivated directly by the village apparatus. This study employed an empirical legal research method with statute, conceptual, socio-legal, and case study approaches, using primary data obtained through interviews, observation, and document study with the Village Head, Village Secretary, and Village Consultative Body as informants, validated through source and technique triangulation. The results show that although the village's authority to manage TKD directly is consistent with prevailing regulations, the legal relationship has not been formally documented, creating legal uncertainty. This study accordingly produced a draft Standard Operating Procedure, a draft Village Head Decision, and a draft employment agreement as preventive instruments to support orderly, transparent, and accountable village asset governance.

Kata kunci: Village Assets Land; Direct Management; Breach of Contract; Standard Operating Procedure; Legal Certainty.