PENGUASAAN TANAH BENGKOK OLEH AHLI WARIS DI DESA BIBIS, KECAMATAN SUKOMORO, KABUPATEN MAGETAN

Abstract

The control of communal lan by heirs continues to give rise to disputes due to differing interpretations of the legal status of communal land as a village asset. This study aims to anlyse the control of communal land by heirs in Bibis Village, Magetan Regency, and the challanges faced by the village government in reclaiming communal land as a village asset. This tudy employs an empirical legal research method using a sociological approach to law. Data were collected through Focus Group Discussions (FGDs), observation, and a literature review. The findings indicate that heirs continue to retain control over village-owned land because they regard it as inherited property. However, pursuant to Law No. 6 of 2014 on Villages, Ministry of Home Affairs Regulation No. 1 of 2016 on the Management of Village Assets, Articles 830, 832, and 833(1) of the Civil Code, and Article 171 of the Compilation of Islamic Law, communal land is not the property of the heirs but a village asset over which management rights are granted; therefore, it cannot be inherited. The challenges faced by village authorities include differing legal interpretations, the uncooperative attitude of heirs, and the lack of legal certainty in dispute resolution.