1Rina Yulianti, 2Mukhlish, 3Iwan Permadi, 4Nur Rohim Yunus
Abstract
Former Head of Village in some village areas in Madura has a habit of retaining land affairs administration documents in the form of Village Ledger, Village Letter C, or other data related to land lots in the village. This habit leads to the non-performance of land affairs administration at the village level and even deprives the people’s right to conduct land registration to get law certainty guaranty. Such a condition makes the villagers finding difficulty in obtaining prior data to deal with their land certificate because of unavailable data at the village government level. This research aimed to formulate the policy model for the settlement of land affairs administration data mastery by the former village head. To achieve the objective, the type of study used in this research was non-doctrinal (socio-legal research). The result of the research showed that there are three characteristics of land affairs administration data mastery by the former village head. Firstly, data is handed over to the elected village head because he/she has a kinship relation with him/her or he/she is not his/her political opponent in the Village Head election. Secondly, the land affairs administration data is hidden silently with an excuse that it is lost or burned unintentionally. Thirdly, land affairs administration data is handed over after the elected village redeems it with a certain amount of money. Administrative document of village land affairs, according to the former village head, is a personal document because the local regulation does not refer to the document explicitly as an archive mandatorily to be returned during the handover of position. The land affairs administration document not mentioned as a document that should be returned obligatorily to the village in the organization of the village government becomes the reason of why the former village head can master it discretionarily. The reformulation of regulation about the handover of village head position should be conducted to confirm that the document of a village government organization to be handed over obligatorily to the Elected Village Head includes the archive of village land affairs administration data.
