ANALISIS PERAN KEPALA DESA DALAM PRAKTIK DAN UPAYA PENYELESAIAN PERMASALAHAN JUAL BELI TANAH PETOK D DI BAWAH TANGAN DI DESA BANYUTENGAH KECAMATAN PANCENG KABUPATEN GRESIK

The practice of buying and selling land that still has the status of Petok D underhand is a phenomenon that often occurs in rural communities and gives rise to various legal problems, especially related to the centralization and protection of
rights to land. This study aims to analyze the juridical practice of buying and selling Patok D land that is carried out underhand and the role of the Village Head in resolving reciprocal problems in Barmutengah Village, Pancoma District. Gresik Regency. The main problems studied include (0) how is the role of the Village Head in the practice of buying and selling Pitak. D land underhand, and (2) what are the obstacles and efforts in handling disputes that arise from this practice. This study uses a sociological juridical method with an empirical approach, which examines the suitability between positive book regulations and practices that occur in society. The results of the study indicate that legally, land sale and purchase transactions under the tangre do not have perfect legal force because they are not carried out through a Land Deed Making Officer (PPAT) and are not registered with the National Land Agency, thus potentially causing legal uncertainty. The role of the Village Head in this practice is as a mediator in resolving disputes through non-Muzau channels, the results of mediation are won in the Medan Acura News which only has moral force and is not legally binding like court firecrackers. The obstacles
faced include low public legal awareness, errors in understanding proof of ownership such as SPPT PBH, and the institution of the power of proof of underhand dekunen. Thus, it is necessary to increase public legal awareness and
optimize the role of the village government and land institutions to ensure legal certainty and protection in