IMPLEMENTASI METODE MEDIASI NON-LITIGASI DALAM PENYELESAIAN SENGKETA BATAS TANAH OLEH KEPALA KELURAHAN TINAP

Abstract

Land is an important resource with various dimensions, and its limited nature often leads to land boundary disputes between individuals. This study aims to comprehensively examine how the Head of Tinap Village carries out non-litigation mediation in resolving land boundary disputes, as well as to identify factors that support and hinder the implementation of such mediation. The primary data sources of this study come from interviews with the Head of Tinap Village, the Head of the Transcription Section, and the disputing parties, as well as in-depth observations of mediation forums. Secondary data include primary, secondary, and tertiary legal materials. The selection of informants was carried out using purposive sampling. Data processing was done through data reduction techniques, narrative data analysis, and inductive conclusion analysis.

The results show that the non-litigation mediation mechanism is carried out in three stages, namely: (1) pre-mediation, (2) mediation implementation, (3) post-mediation. The main supporting factors are the legitimacy of the Lurah as a community leader, the basis of Law No. 30 of 1999, coordination with the police sector and the prosecutor's office, as well as the integration of the Kelurahan’s legal aid post. Meanwhile, the inhibiting factors are the high personal egos of the parties involved, the limited Supreme Court mediation certification for the Lurah, damage to old document archives (Letter C/Petok D), and limited measuring tools. Legal counseling is held to strengthen education on land and inheritance issues for the community.

Kata kunci: Non-Litigation Mediation, Head of Kelurahan, Land Boundary Dispute, Pamong, Tinap Kelurahan.