Village treasury land or commonly known as Bengkok Land, is a type of village-owned asset which in general, its land management system will be granted to the Village head and village apparatus who are serving for a certain period as his salary/reward for his services in managing the village. The utilization and management of Bengkok land in this case is not limited to the personal interests of the village head or village apparatus, but can also be used to increase the village’s genuine income.
The Great Indonesian Dictionary (KBBI) defines Bengkok land as land received (to be cultivated) as a substitute for salary (for village apparatus and the like) or land received (to be cultivated) in relation to the position held. This meaning is also explained in Article 1 paragraph (10) of the Regulation of the Minister of Home Affairs No. 4 of 2007 on Guidelines for the Management of Village Asset, which stipulates that the village land is a property of the village in the form of Bengkok land, memorial land, and titisara (village land of which yield is used to finance the village).
In accordance with the provisions of Article 6 paragraph (1) of the Regulation of the Minister of Home Affairs Number 1 of 2016 on the Management of Village Assets, as one of the village assets, the village treasury land must be certificated under the name of the Village Government. Regarding its utilization, bengkok land can be utilized in the form of lease, borrow-to-use, joint utilization, and build-operate-transfer or build-transfer-operate.
Then, can the heirs of the former village head or village apparatus claim the bengkok land possessed during the village head’s tenure?
Referring to the definition above, the rights of the head and village apparatus to the bengkok land that he gets are only attached to the use and management of the land during his tenure. Thus, when their term of office has been completed and/or has expired, neither the village head nor the village apparatus has the right to the bengkok land they receive. Thus it is clear that the bengkok land cannot be inherited.
Moreover, a village head and village apparatus are prohibited to sell the bengkok ;and as stated in Article 15 paragraph (1) of the Minister of Home Affairs Regulation No. 4 of 2007 which stipulates that village assets in the form of village land are not allowed to be relinquished to other parties, except it is required for the public interest.
From the description above, it can be concluded that bengkok land is one of the assets of the village, which is certificated under the name of the village and can be managed by the village head or village apparatus during his tenure. However, this does not change the status of ownership rights of the land. Thus, the village head and village apparatus may not inherit it or even transfer it to a third party.
Agita Asmara Pratama Putri