RISKS OF BUYING AND SELLING VILLAGE CASH LAND

 RISKS OF BUYING AND SELLING VILLAGE CASH LAND

 

The land of village cash or in some areas on the island of Java is called crooked land or the land of reward. Village cash land is a field of land directed by a village that is intended for the welfare of the village apparatus considering that in doing its work as a village apparatus does not get a salary. Because they do not get salaries / wages, these village officials are given arable land that can be utilized economically and taken the results during their time in office.

Legally, arrangements regarding crooked land can be found in the Minister of Home Affairs Regulation No. 4 of 2007 on Village Wealth Management Guidelines (Permendagri 4/2007). In Article 1 number 10 Permendagri 4/2007 mentioned that the Village Land is the property of the village in the form of crooked land, graves and titisara. So the crooked land is one of the village lands. The village treasury is the wealth of the village and belongs to the village (Article 2 paragraph [1] jo Article 3 paragraph [1] Permendagri 4/2007).

Based on the provisions of the law above, it is clear and unequivocal that in principle the transfer of property rights to village land is a prohibited legal act. in certain cases in the public interest such as the construction of reservoirs, public facilities and so on the transfer of rights to village cash land is allowed. with a note, compensation is given in the form of land that is located in the location of village cash land in the same village or another village bordering in one subdistrict.

Although the regulations have prohibited the sale of village cash land, in practice it is often reported that the sale of village cash land is carried out by village officials. The mode that is often done is under the pretext of unproductive village cash land and to increase its productivity, it is exchanged with other land. This exchange is packed with the decision of the village head who basically weighs the interests of the village and then decides to do ruislag (exchange roll) village land with other land. From the exchange that is done generally there is land exchanged is private property. In short, the sale of village cash land is sold to individuals by the exchange procedure.

With the exchange mode, maybe buyers benefit from getting more land than before at low prices. However, it does not actually become cheap also considering that later on if it will be mandated there will most likely be rejection from the land office. This is considering that for the certificate of village cash land, there is a need for the release of rights from the applicant to the village head and get the approval of BPD (Village Representative Agency) and written permission from the Regent / Mayor and Governor. This is not to mention the possibility of facing lawsuits that may occur when the exchange transaction is suspected of being a criminal act of corruption. Although the exchange of village cash land has been decided by the decision of the village head, it can still be fingerprinted by the authorities if there are reports from the community about the peculiarities of the village cash land exchange transaction.