PENYELESAIAN SENGKETA TANAH WOE MELALUI MEDIASI DI KABUPATEN NGADA OLEH KANTOR PERTANAHAN UNTUK MEWUJUDKAN KEMANFAATAN HUKUM

Bhodo , Agustinus Esra (2013) PENYELESAIAN SENGKETA TANAH WOE MELALUI MEDIASI DI KABUPATEN NGADA OLEH KANTOR PERTANAHAN UNTUK MEWUJUDKAN KEMANFAATAN HUKUM. S1 thesis, UAJY.

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Abstract

Thesis entitled; “Arbitration on Conflict for Land of Inheritance/ Land of Woe through Mediation in Ngada Regency by Land Officials to Realize the Benefit of Law” within problem formulation how does the arbitration of conflict for land of inheritance/ land of Woe through mediation in Ngada Regency by Land Officials to realize the benefit of law work and what are the problem maker factors and also problem inhibitor factors in arbitrating conflict for the land of inheritance/ land of Woe through mediation in Ngada Regency by Land Officials to realize the benefit of law. Aim of this research is to know, analyse, and evaluate the arbitration on conflict for land of inheritance/ land of woe through mediation in Ngada Regency by Land Officials to realize the benefit of law. Type of the research is a normative law research which is a scientific research focusing on positive law norms in the forms of constitutions to find the truth based on the logic of law sciences from the normative sides. Result of the research shows that in Ngada Regency especially for the conflict of the land of inheritance between Seso Village (Meli Tribe) and Waepana is still using arbitration pattern in the form of deliberation/mediation and the mediator itsel is from the Land Officials of Ngada Regency which has competencies in its field and within an authorization letter. From result of the resesarch, things that are being the causing factors and the inhibiting ones as well in arbitrating process of land of inheritance/ land of woe conflict generally occured in Ngada Regency are: the unabvous border-line of the land, the availability of the unjust practices, a claim from the State or Ngada Regency, the lost of witnesses or history doers, the increase of economic value of that land, the witholding of social status, the decline of cultural values, the wrong understanding on the custom and tradition teachings, the minimum socialiazation effort, and political factors. From result of the research is also found that mediation in the conflict for land of inheritance/land of woe between Seso Village (Meli Tribe) and Waepana Village is well done within representatives from Waepana Village is represented by the Head of the Village who re-change the reins of authority of the land to the Government and the Government hand it over to the Meli Tribe who is represented by the Chief of the Tribe (mosalaki).

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