земельные споры

Harmoko, Azis Setyagama. Out-of-court land dispute resolution forum by the National Land Agency in Indonesia

This study aims to determine how the process of resolving land disputes outside the court by the National Land Agency. The method used in this study is a normative juridical approach. The paper discusses the process of resolving disputes outside the court through mediation carried out by the National Land Agency as a mediator. It begins with an agreement between both parties to resolve the land dispute through mediation. Then both parties submit this agreement to the National Land Agency Office. The next stage is the implementation of mediation, starting from discussion to providing final decision. After successful mediation and reaching an agreement, a peace deed is made to be registered with the District Court. Fundamentally, a mediator acts as an intermediary who helps the parties to resolve the dispute they face. A mediator will also help the parties to provide an understanding of the existing problem to be fixed together. In addition, to reach an agreement, a mediator must also help the parties to formulate various dispute resolution options. Of course, these options must be acceptable and satisfactory to both disputing parties. At least the main role that a mediator must play is to bring together differing interests, in order to reach a meeting point that can be used as a benchmark for solving the problem.