LAND DISPUTE SETTLEMENT MEDIATION IN THE PERSPECTIVE OF CUSTOM LAW

Authors

  • Ningrum Ambarsari Fakultas Hukum Universitas Islam Kalimantan MAB

Abstract

Mediation is an alternative to dispute resolution outside the court using the services of a mediator or arbitrator. According to customary law it is regulated and partly regulated by the local customary law in question. This approach is also known as a sociological approach that is carried out directly to the field of research intended to examine the relationship between the Government and indigenous peoples in terms of resolving land disputes through customary mediation. The results of the research on land dispute resolution through Customary Law are also in the form of Authoritative Mediators, with simpler stages such as summoning the parties to the dispute, calling witnesses, deliberation processes, and closing (reading decisions from deliberations. Mediation of land settlements according to customary law as carried out by the Customary Peace Judge (KAN) there are two patterns, namely the first pattern in the form of a decree consisting of sections :reading, weighing, remembering, paying attention to, deciding and signing the results of the judgment. The second pattern resembles a decision.

Published

2022-11-28

How to Cite

Ambarsari, N. (2022). LAND DISPUTE SETTLEMENT MEDIATION IN THE PERSPECTIVE OF CUSTOM LAW. DE JURE Critical Laws Journal, 3(2), 98–107. Retrieved from https://myjournal.id/index.php/jwh/article/view/70