PEMANFAATAN TANAH KAS DESA SEBAGAI LOKASI SEKOLAH DASAR: STUDI YURIDIS EMPIRIS BULU, KABUPATEN MAGETAN

Abstract

This study aims to analyze the legal framework governing the utilization of Village Treasury Land (Tanah Kas Desa) as the site of a public primary school and to examine its conformity with the factual condition in Bulu Village, Sukomoro District, Magetan Regency, where the land has been used since approximately 1972 without supporting legalization documents or a land title certificate. This research employs a juridical-empirical method using statutory and case approaches through document analysis and interviews with the Village Head and Village Secretary Bulu. The findings show that, normatively, Village Treasury Land may be utilized for public purposes, including educational facilities, provided that three cumulative requirements are fulfilled: recognition as a village asset, procedural legitimacy through the approval of the Village Consultative Body and a Village Head Decree, and legal certainty through land registration. Factually, the land utilization has fulfilled only the recognition requirement, while procedural legitimacy and legal certainty remain unfulfilled, resulting in partial conformity with the applicable legal framework. This condition reflects an inherited administrative issue caused by prolonged use and successive changes in village leadership rather than an intentional legal violation. The study recommends issuing a Village Head Decree and completing land registration through the PTSL program.

Keywords: Village Treasury Land; legal certainty; village asset utilization; primary school; land registration.