Incomplete Sanctions for the Non-Procedural Transfer of Non-Public Village Treasury Land

This study aims to analyze the regulatory gap concerning sanctions in the transfer of village treasury land for non-public purposes that are not conducted in accordance with procedures under Minister of Home Affairs Regulation No. 3 of 2024, and to formulate an ideal sanction framework to ensure legal certainty and the protection of village assets. This research employs a normative juridical method with statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials, and analyzed descriptively. The findings indicate that although the regulation provides more detailed procedures for the transfer of village treasury land, there is still a normative gap regarding firm sanctions for procedural violations. This condition weakens legal enforceability, creates opportunities for abuse of authority, and generates legal uncertainty in practice, as reflected in the case of Pandanlandung Village. Therefore, a reconstruction of sanction arrangements is required, encompassing administrative, civil, and criminal classifications, along with an integrated law enforcement mechanism. Such regulation is expected to enhance regulatory effectiveness, strengthen the protection of village assets, and ensure legal certainty in the management of village treasury land.

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Publication Details

Journal
DOAJ (DOAJ: Directory of Open Access Journals)
Published
2026-05-01
DOI
https://doi.org/10.55173/yurisdiksi.v22i2.371
Primary Topic
Legal Studies and Policies
Type
article
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article

Incomplete Sanctions for the Non-Procedural Transfer of Non-Public Village Treasury Land

Hamidi Masykur, Adinda Salma Rachmantya, Supriyadi
DOAJ (DOAJ: Directory of Open Access Journals)
Legal Studies and Policies
article

Incomplete Sanctions for the Non-Procedural Transfer of Non-Public Village Treasury Land

Hamidi Masykur, Adinda Salma Rachmantya, Supriyadi
article en

Abstract

This study aims to analyze the regulatory gap concerning sanctions in the transfer of village treasury land for non-public purposes that are not conducted in accordance with procedures under Minister of Home Affairs Regulation No. 3 of 2024, and to formulate an ideal sanction framework to ensure legal certainty and the protection of village assets. This research employs a normative juridical method with statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials, and analyzed descriptively. The findings indicate that although the regulation provides more detailed procedures for the transfer of village treasury land, there is still a normative gap regarding firm sanctions for procedural violations. This condition weakens legal enforceability, creates opportunities for abuse of authority, and generates legal uncertainty in practice, as reflected in the case of Pandanlandung Village. Therefore, a reconstruction of sanction arrangements is required, encompassing administrative, civil, and criminal classifications, along with an integrated law enforcement mechanism. Such regulation is expected to enhance regulatory effectiveness, strengthen the protection of village assets, and ensure legal certainty in the management of village treasury land.

DOAJ (DOAJ: Directory of Open Access Journals)
University of Brawijaya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Legal Studies and Policies
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Incomplete Sanctions for the Non-Procedural Transfer of Non-Public Village Treasury Land — Hamidi Masykur, Adinda Salma Rachmantya, et al. · DOAJ (DOAJ: Directory of Open Access Journals) (2026) | TGRS Research Map | TGRS