PERAN PEMERINTAH DESA KEMBANGAN DALAM MEMFASILITASI MEDIASI PENYELESAIAN SENGKETA PERDATA MASYARAKAT

Abstract

Village governments in Indonesia frequently mediate community civil disputes, yet the legal position, mechanism, and effectiveness of this practice remain under-examined. This study analyses the role and mechanism of the Kembangan Village Government (Sukomoro District, Magetan Regency) in facilitating the mediation of community civil disputes, and the factors supporting and inhibiting its success. Using an empirical legal method with a socio-legal, qualitative case-study approach, data were gathered through interviews with six informants, observation, and documentation, and validated through source triangulation and member checking. Framed by role theory, the concept of access to justice, and the theory of legal effectiveness, the findings show that the village government acts as a neutral facilitator rather than an adjudicator, operating a mechanism of report intake, issue identification, document examination, summoning of parties, deliberation, written settlement, and referral to competent institutions under Article 26(4)(k) of Law No. 6 of 2014. Success depends on the parties' attendance, openness, and good faith, public trust, and a culture of deliberation, while limited authority, incomplete documents, and the absence of executorial force constitute the principal obstacles. Village mediation widens practical access to justice but requires written procedures, capacity building, and preventive legal education to be effective.