PENERAPAN ALTERNATIF PENYELESAIAN SENGKETA DAN KONFLIK PERTANAHAN MELALUI MEDIASI UNTUK MEWUJUDKAN KEPASTIAN HUKUM DI BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA

Mahligai, Andhi (2013) PENERAPAN ALTERNATIF PENYELESAIAN SENGKETA DAN KONFLIK PERTANAHAN MELALUI MEDIASI UNTUK MEWUJUDKAN KEPASTIAN HUKUM DI BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA. S2 thesis, UAJY.

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Abstract

The objectives of this research are to know and examine the implementation of mediation for land conflict and dispute as the alternative resolution in order to embody the rule of law in the National Land Agency of the Republic of Indonesia (BPN RI). The further objectivesare to recognize and identify the constraints in implementing alternative resolution; to assess and formulate the legal arrangements of mediation for land conflict and dispute as the alternative resolutionwith the aim to embody the possibility/inevitably of rule of law in BPN RI. The type of this research is normative legal research. The implemented approaches were legislation, legal politics and conceptual approach. Primary and secondary legal materials were used as the source of information. The methods conducted fordata collection were by literature reviews, interviews, and Internet browsing. Deductive approachwas chosen as the thinking process, begins with the general idea of the legislation related to the mediation as the alternative resolution and narrowed down into thealternative resolutionof land conflict and dispute being implemented in BPN RI. The result of this research shows that the implementation of mediation as an alternative resolutionof land conflict and dispute is potential. The constraints in the employment of mediation as an alternative resolution are: regulatory factor, human resource (mediator) factor, institutional factor and the dispute parties itself. The legal arrangements of land conflict and dispute alternative resolution through mediation, in order to embody the rule of law in BPN RI, must accomplish the philosophical, sociological and juridical foundations. Ahead of legal arrangements of mediation as an alternative resolution must include: a) general provision, b) mediation mechanism, c) the role, function and qualification of mediator, d) the implementation period, e) the type of conflict and dispute that can be mediated, f) the participants, g) the establishment of the handling team, h) formalization of the agreement, i) the administrative format, and j) the cost of mediation process.

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