KEDUDUKAN HUKUM PARA PIHAK DAN HUBUNGAN KEPERDATAAN DALAM PENGELOLAAN WISATA KRAHIGA: STUDI KASUS DI DESA KRAMAT, KABUPATEN BANGKALAN

Abstract

This study examines the legal standing of the parties and the civil-law relationship between Karomah Village-Owned Enterprise (BUM Desa Karomah) and the Krahiga Rindu River Tourism Awareness Group (Pokdarwis) in the management of Krahiga Tourism in Kramat Village, Bangkalan Regency. This study aims to analyze the legal standing of each party, identify the civil-law relationship established through their cooperation, and explain the importance of a written cooperation agreement as an instrument for dispute prevention. This study employs a qualitative descriptive method. Data were collected through interviews, evaluation, and a review of legal documents, including the Indonesian Civil Code, Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises, the Articles of Association of BUM Desa Karomah, and the decree establishing Pokdarwis. The data were analyzed by examining the legal standing of the parties, their cooperation practices, and the legal implications of the absence of a written agreement. The findings indicate that BUM Desa Karomah has the legal status of a legal entity represented by its director, whereas Pokdarwis is a community institution responsible for tourism operations. Their cooperation is based on an oral agreement that has not been formalized in a written agreement. Consequently, the provisions governing the parties’ rights, obligations, authority, asset management, and revenue sharing remain unclear. The novelty of this study lies in its emphasis on a preventive approach through the need to formulate a written cooperation agreement model that is appropriate to the institutional relationship between the parties.