PERAN MEDIASI DALAM PENYELESAIAN SENGKETA TANAH

Abstract

Land or Earth is part of Allah SWT's creation whose benefits are not only for humans but are also used by animals and plants to grow and survive. Especially for humans, land is not only a place to live but is an asset to fulfill their needs. Therefore, many people want to own land and in order to avoid conflicts over land ownership claims, the government of the Republic of Indonesia has made various regulations governing land, such as Law Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles.  To legalize ownership rights to a plot of land, a deed must be issued on proof of land ownership called a certificate. The legal and authorized government agency tasked by the state with issuing certificates is the Agrarian office or the National Land Agency (BPN) of the Republic of Indonesia. However, there are still many people in Indonesia who own land without proof of a certificate and this is what often triggers land disputes. Not all cases of land disputes must be resolved through legal channels, factors of brotherhood, kinship, friendship and religious beliefs and so on make the disputing parties prefer to resolve them through family deliberations which are usually mediated by the local government or respected community figures in the form of mediation. Through this article, the author wants to explore the causes, problems, solutions and consequences of land disputes and their resolution through mediation.