A Legal Review of the Management of Village Assets by Bumdes Without a Cooperation Agreement (Study in Dompu District, Dompu Regency)

Abstract

This research aims to know and analyze the position of BUMDES in the Indonesian Legal System, know and analyze the legal implications of village asset management by BUMDES without a cooperation agreement in Dompu District, Dompu Regency. The type of research used in this study is normative-empirical legal research using a statutory approach, conceptual approach, and sociological approach. The position of Village-Owned Enterprises (BUMDes) in Indonesian law has been recognized as a special legal entity since the Village Law and strengthened by the Job Creation Law. Although not in the form of a Persero or Perum, BUMDes applies SOE/BUMD governance principles such as accountability and dual orientation-public service and profit. Its capital comes from separated village wealth. The establishment of BUMDes is conducted through village deliberations and stipulated in a Village Regulation, and then registered with the Ministry of Villages to obtain legal entity status, in accordance with Permendesa No. 3 of 2021. In managing assets, BUMDes must apply the principles of transparency, accountability, and professionalism as stipulated in Articles 28-33 of the Permendesa. The legal implication of managing village assets without a written cooperation agreement is the lack of legal certainty, the uncertainty of the rights and obligations of related parties, and the increased risk of disputes. Although village deliberations are recognized as the legal basis, a cooperation agreement is still needed to strengthen the legal aspects, especially in ensuring accountability and transparency. In Dompu Sub-district, BUMDes Desa O'o that have a cooperation agreement are more orderly and secure, while BUMDes Desa Katua that do not have an agreement face stagnation and uncertainty in asset management.