The Legal Position of Tuha Peut in the Village Government System: A Comparative Study of the Village Consultative Body and Tuha Peut in East Aceh Regency

Abstract

     Village governance in Indonesia is established based on the principle of decentralization, which positions the Village Consultative Body (Badan Permusyawaratan Desa/BPD) as an institution responsible for legislative, supervisory, and community representation functions. In Aceh Province, these functions are performed by the Tuha Peut as the village consultative body (gampong), whose existence is recognized under the special autonomy framework. This study aims to analyze the legal position of the BPD within Indonesia’s village governance system and to examine the legal status of the Tuha Peut in the administration of village governance in East Aceh Regency. This research employed an empirical legal method using statutory, conceptual, and socio-legal approaches, with qualitative data analysis. The findings indicate that the BPD serves as a key institution in implementing the principle of checks and balances through its legislative and supervisory functions over village administration. In the context of Aceh, the Tuha Peut holds a legal position equivalent to that of the BPD but possesses broader authority by also performing customary functions, including providing advice to the Keuchik (village head) and resolving customary disputes. The existence of the Tuha Peut demonstrates that the principle of checks and balances is maintained within gampong governance through the integration of modern governmental institutions with Acehnese customary law under the framework of special autonomy.