Kepastian Hukum Tentang Pengaturan Pendaftaran Badan Hukum Dalam Pendirian Badan Usaha Milik Desa Di Sumatera Utara Pasca Keberlakuan Undang-Undang Cipta Kerja (Studi di Kabupaten Deli Serdang)

Abstract

Village-Owned Enterprises (BUM Desa) are institutions established by village governments and managed by the community based on the needs and economy of the village. BUM Desa is formed based on applicable laws and regulations through agreements among village residents. The aim of BUM Desa is to enhance and strengthen the village economy. It is a strategic government program to improve the economic welfare of rural communities. Since the enactment of the Village Law, BUM Desa has functioned as a source of economic activity in the village, serving both social and commercial purposes. However, there is a difference of opinion regarding the legal status of BUM Desa. The Village Law and its derivative regulations do not explicitly clarify BUM Desa's status as a legal entity. Following the enactment of the Job Creation Law, there hat been controverzy regarding the legal status of BUM Desa Article 117 of the Job Creation Law amended Article 87 of the Village Law, which led to the issuance of the Government Regulation on BUM Desa. This regulation emphasizes that BUM Desa must be registered as a legal entity

This study employs a normative juridical research method with descriptive somalysis. The date aures on hade secumdry this supported by primary slats. Dutu collection techniques involve literature review and interviews. Purposive sampling was used for selecting research locations. The normative legal research data were analyzed qualitatively

The Job Creation Line pravides an opportunity for BUM Desa to be extablished with legal entity status, offering clarity and certainty for BUM Desa registration as a legal entity The Village Law comprehensively regulates villages, positioning BUM Desa an an essential economic instination for village welfare. Professional governance baned on BUM Desa establishment guidelines according to laws and regulations is a prerequisite for effective BUM Desa operation. The Job Creation Law and its implementing regulation, the Government Regulation on BUM Desa, affirm BUM Desa's statuer as a legal entity established by village deliberation and stipulated by village regulation (Perda). However, Perdes is not explicitly recognized in the hierarchy of laws and regulations, resulting in a legal vacuum regarding the legal entity form of BUM Desa, leading to juridical implications of unmet legal certainty in the regulation of BUM Desa's legal entity form.