PELAKSANAAN KETENTUAN PASAL 13 AYAT (4) PERATURAN BUPATI CILACAP NOMOR 133 TAHUN 2022 TENTANG PENGELOLAAN ASET DESA DIHUBUNGKAN DENGAN PERJANJIAN SEWA MENYEWA TANAH BENGKOK DI DESA ADIMULYA KECAMATAN WANAREJA KABUPATEN CILACAP

Abstract

An agreement is binding on those who make it as long as it is made in accordance with applicable regulations, and the land lease agreement in Adimulya Village is based on the provisions of Article 13 paragraph (4) of Cilacap Regent Regulation Number 133 of 2022 concerning Village Asset Management in relation to the Lease Agreement of Bengkok Land in Adimulya Village, Wanareja District, Cilacap Regency. The problem in this thesis is the implementation of Article 13 Paragraph (4) of Cilacap Regent Regulation Number 133 of 2022 concerning Village Asset Management in relation to the Lease Agreement of Bengkok Land in Adimulya Village, Wanareja District, Cilacap Regency. The obstacles that arise and the efforts made in the implementation of Article 13 Paragraph (4) of Cilacap Regent Regulation Number 133 of 2022 concerning Village Asset Management in relation to the Lease Agreement of Bengkok Land in Adimulya Village, Wanareja District, Cilacap Regency. The research method used is descriptive, which is a type of research method that systematically describes and interprets the facts and characteristics of the object and subject being studied. The research method used is normative juridical, which is a legal research conducted by examining library materials or secondary data as the basic material to be researched by conducting an analysis of regulations and literature related to the problems being studied. The implementation of Article 13 Paragraph (4) of Cilacap Regent Regulation Number 133 of 2022 concerning Village Asset Management in relation to the lease agreement of bengkok land in Adimulya Village, Wanareja District, Cilacap Regency has not been properly implemented because the lease agreement was conducted orally, making it difficult for both parties to obtain clear legal certainty. The lease agreement was also carried out for four consecutive years, which is not in accordance with the provisions of Article 13 Paragraph (4) of Cilacap Regent Regulation Number 133 of 2022 concerning Village Asset Management, which states that the lease period for bengkok land is one year. The obstacles are as follows: a. The agreement was conducted orally. b. The poor economic condition of Mr. Sarijo. c. The lack of strong regulations regarding the lease of bengkok land in the village government environment. d. The familial system and mutual trust between the lessor, Mr. Masdin, and the lessee, Mr. Sarijo. The efforts made are as follows: a. Socializing the applicable regulations from the village to the lessee and holding discussions between the village head and Mr. Sarijo as the lessee. b. Inventorying data on the bengkok land leased by the village head to Mr. Sarijo, including the name of the cultivator, land area, and location of the bengkok land. c. The village informs Mr. Sarijo as the lessee of the applicable regulations regarding the lease period of the bengkok land. The author's suggestion is that the lease agreement should be made in writing to ensure strong legal certainty for the common good.