Vol. 6, No. 1, January 2025

E-ISSN: 2723 - 6692

P-ISSN: 2723 - 6595

http://jiss.publikasiindonesia.id/

Jurnal Indonesia Sosial Sains, Vol. 6, No. 1, January 2025 14

Introduction

Regulations on Agrarian Principles.

by land, there is a struggle for rights, land boundaries, customary land control and so on, we often

hear these conflicts with the term land dispute, which is a dispute or conflict that arises between

Mediation at the Karawang Regency Land Office

Bella Febriani Fobia

1*

, Aartje Tehupeiory

2

, Diana R.W. Napitupulu

3

Jurnal Indonesia Sosial Sains, Vol. 6, No. 1, January 2025 15

namely: Land dispute is a dispute resulting from the implementation of a legal act or the occurrence

of a legal event regarding a certain piece of land. Doing a legal act so that there is no dispute or

accepting the legal consequences of a legal event, one must first understand what is called land and

the provisions that govern it.

in society that can regulate and enforce to ensure order in society (Sutedi, 2009, p. 23). In carrying

out its role in resolving non-litigation disputes, the National Land Agency refers to Law number

30 of 1999 (Kementerian Agraria, 1999) on Arbitration and Alternative Dispute Resolution, where

mediation is applied as one of the alternative methods of dispute resolution by the National Land

Agency. In its implementation, the mediation carried out by the National Land Agency is not

the capital city of Jakarta which is very beneficial for the people in Karawang Regency. Problems

that often occur in Karawang such as land ownership disputes, land procurement, double

certificates, land ownership by the government, the use of customary rights or the conversion of

land from agricultural land are now land for industry and housing which has been causing conflicts

in the community.

purpose of the law is to regulate peaceful life associations (Apeldoorn, 1993, p. 10). With the Law,

it is aimed at achieving the greatest possible benefits, benefits/happiness for the community

(Sanusi, 2002, p. 57). The settlement of land disputes through litigation has compulsory legal force

and also the judicial institution has a bailiff who can always execute a decision that already has

to resolve land dispute problems through the mediation process at the Karawang Regency Land

Office and the legal force of the peace deed resulting from the mediation process at the Karwang

Regency Land Office which does not yet have executive rights if the parties have not been

registered with the local District Court and this research also focuses on whether or not it is

effective or not through mediation in resolving land disputes. This research aims to provide novelty

Jurnal Indonesia Sosial Sains, Vol. 6, No. 1, January 2025 16

in understanding the process of resolving land disputes through mediation at the Karawang

Regency Land Office, especially in the context of the implementation of Article 44 Paragraph (5)

of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National

Land Agency of the Republic of Indonesia Number 21 of 2020. This research is expected to provide

Soerjono Soekanto's opinion (2007, p. 14) is legal research conducted by researching literature or

secondary data as a basis for research by conducting a search of regulations and literature related

to the problem being researched. The normative juridical research method is research that is

focused on examining the application of rules or norms in positive law (Tehupeiory, 2021, p. 89).

Legal rules that have a formal nature such as laws, regulations, literature that contain theoretical

concepts which are then linked to the problem of the strength of the peace deed obtained in the

mediation process at the Karawang Regency Land Office.

approach (Statue Approach), which is an approach that is carried out by examining laws or

regulations related to the research made (Napitupulu, 2023). The type of data used in this study is

secondary, and tertiary legal materials. Primary legal materials consist of relevant and authoritative

laws and regulations, such as the 1945 Constitution of the Republic of Indonesia, Law Number 5

of 1960, and various other regulations related to the settlement of land disputes. Secondary legal

materials include supporting literature, such as books, research results, scientific journals, and

internet media that help deepen understanding of primary legal materials. Meanwhile, tertiary legal

materials are in the form of reference sources such as dictionaries, encyclopedias, and other

documents that provide additional explanations for primary and secondary legal materials.

The literature study was carried out by collecting primary, secondary, and tertiary legal materials,

such as laws, books, journals, internet articles, and related documents, including mediation results

Jurnal Indonesia Sosial Sains, Vol. 6, No. 1, January 2025 17

problems.

Results and Discussion

Efforts to Resolve Land Dispute Problems at the Karawang Regency Land Office

government functions within the land sector, in accordance with the stipulations outlined in

pertinent legislation and regulations. This assertion is further substantiated by Article 2 of

Presidential Regulation number 48 of 2020 (Perpres, 2020). The National Land Agency is entrusted

with the responsibility of formulating and implementing policies pertaining to the management and

prevention of disputes and conflicts, in addition to the adjudication of land-related cases, as

Basically, although the types of typologies are different, the steps to implement land dispute

resolution through mediation are the same for each type. Mediation is the settlement of land

disputes by entering into an agreement between the parties to the dispute through a third party as a

neutral mediator.

in this case the National Land Agency which is the mediator in the disputed case. Dispute resolution

through mediation is carried out on the basis of the agreement of both parties to the dispute that

their problems will be resolved through a mediator. The third party that provides this advice is

neutral and independent, in the sense that it cannot be intervened by other parties. If an agreement

is reached between the two parties in the deliberations, a collective agreement is made. But if there

The complainant submits a complaint letter to the Land Office through the complaint

desk. The complaint letter must include the identity of the complainant, the subject matter, and

the purpose of the complaint. The complaint letter submitted through the complaint desk will

then be forwarded to the authorized officer who will submit the complaint to be forwarded to

the authorized official.

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After the complaint is submitted to the authorized official, the official then provides a

response to the complaint letter to be followed up on the complaint.

order to be able to provide solutions to disputes that occur and so as not to make mistakes in

making decisions. Based on information obtained from Mrs. Niluh Ketut Suriartika as the

Head of the Dispute Control and Handling Section, field research is not always carried out for

every dispute that occurs. Field research is carried out if it is deemed necessary to conduct a

review of the location that is the object of the dispute.

Based on the results of the assessment carried out by the authorized officials, an internal

title was subsequently carried out which aimed to:

a. Menghimpun pndapat dari para pejabat yang berwenang

b. Mengidentifikasi sengketa atau konflik yang diperselihkan

Regency

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birth of a court decision, it does not mean that the problem has been resolved, the dispute resolution

process requires an understanding of the characteristics of the parties in the lawsuit and is able to

reach a mutual agreement by setting aside the subject matter of the case (Suriartika, 2024).

position in finding the best solution to resolve disputes. By prioritizing the resolution of the

problem in a win-win solution, the parties agreed to put aside the subject matter, which is the key

to success in resolving land dispute problems.

in the application of law to ensure that no party is harmed by the decision or agreement reached in

the mediation process, where a mutually beneficial result is achieved between the parties in the

always make the problem resolved (Suriartika, 2024). The settlement of land disputes carried out

at the Karawang Regency Land Office can be said to be not optimal. This can be seen from the

success rate of mediation at the Karawang Regency Land Office. From the data obtained by the

author, several disputes registered from 2022 to 2023 were only 1 (one) successfully resolved at

the Karawang Regency Land Office through mediation.

power but also always regulates, protects, protects, rules, directs, and at the same time engineers

human values and attitudes towards the land. The role of the mediator from the land office in

reconciling the parties to the dispute and ensuring that the parties implement the results of the

agreement obtained from the mediation process and also carry out the mandate of Article 44

Land Office through Mediation

judge's decision as stipulated in Article 130 Paragraph (2) of the HIR and Article 154 Paragraph

(2) of the Constitution.

be achieved in resolving disputes if an agreement has been reached between the parties. The

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agreement is written and the parties are obliged to obey every clause contained in the peace deed.

In addition, the main thing that is the basis for implementing a peace agreement is the good faith

of the parties in resolving disputes. Therefore, the peace deed must be based on the agreement of

the parties to end the dispute, the parties to the dispute must have good faith so that the contents of

same legal force as the judge's decision, even though the mediation is carried out outside the court.

The Legal Force of the Mediation Deed is equated with a decision with permanent legal force.

According to article 130 paragraph (2) of the HIR, the mediation deed has the same force as the

judge's decision which has permanent legal force and cannot be appealed or cassation. According

to Article 1338 of the Civil Code, "all legally concluded agreements are valid as law for those who

make them". According to Article 1858 of the Civil Code, "all peace has a force between the parties

such as a judge's decision at the final level, this peace cannot be disputed on the grounds that one

of the parties is harmed".

employee or official of the National Land Agency who is tasked with helping the parties to resolve

their disputes, the final result of the mediation process is an agreement and a minutes of

implementation are made and, The agreement has no executory force and the implementation of

the agreement is basically in good faith.

be settled in court. This is marked by the fact that there are still many people who file disputes in

the district court, settlement by mediation is considered less effective by some people. In fact, the

case should be resolved through effective mediation rather than being brought to the Court either

to the District Court or to the State Administrative Court. Based on an interview with the Karawang

Regency Agriculture Office Official, the unsuccessful settlement of cases under his authority by

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4) If the two parties do not agree on alternative settlements, dispute resolution is taken based

on the settlement options proposed by the parties.

5) There are parties who do not have good faith and only use mediation to buy time, being

uncooperative in the dispute resolution process through this mediation.

6) Public awareness to know about the origin of the land is very minimal. This is because

information and facilities about land administration are far from adequate.

7) lack of Human Resources both in terms of quantity and quality in the Dispute and Case

Handling Subsection that must carry out a mediation process with a limited number of

Human Resources (HR) and is required to be able to complete mediation within 30 days.

8) Difficulties in finding files or documents that will later be used as data to analyze disputes

resolving land dispute cases through the court table (litigation).

mediation is still not effective in resolving land disputes on a familial basis. This is not in line with

the purpose of holding mediation, one of which is to reduce cases in court, especially land dispute

cases. Mediation as the main hope in the land dispute resolution process can be one of the

alternative ways of resolving existing disputes.

that can be accessed by the public at large, so that the effectiveness of the mediation carried out at

the National Land Agency is difficult to be known by the public and of course this situation can

affect the level of public trust in the effectiveness of mediation carried out by the National Land

case to obtain a peace decision (Pemerintah Pusat, 2020). Parties, with or without the assistance of

a certified mediator, who successfully resolve an out-of-court dispute by means of a peace

agreement may file a peace agreement with the court authorized to obtain the deed of peace by

filing a lawsuit (Mahkamah Agung, 2016).

Lawsuits in civil procedure law are generally contentiosa cases, which are cases in which there is

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a dispute between two or more parties, meaning that there is a conflict that must be resolved and

must be decided by the court, whether it ends in defeat, victory or ends peacefully depending on

the legal process (Mertokusumo, 2009, p. 5).

relationship of the Parties to the object of dispute. The judge presiding over the case will have the

authority to transform the peace agreement into a peace deed, provided that it does not contravene

legal statutes, public order, morality, cause harm to a third party, or lack enforceability. This

process ensures that the peace agreement possesses permanent legal force (Mahkamah Agung,

2016).

the trial, is a legal instrument that confers certain legal rights and obligations. This decision is akin

to an ordinary decision in that it possesses permanent legal force, is binding and final, possesses

perfect evidentiary weight, and is enforceable by law.

Conclusion

faces various obstacles, such as differences in land boundary claims, double certificates, and a lack

of public awareness about land administration. Although the mediation procedure involves a fact-

finding by the Land Agency and an agreement between the parties to the dispute, the success rate

is low. Of the various cases registered in 2022–2023, only one has been successfully resolved. The

main obstacles include the unwillingness of the parties to attend mediation, the dominance of each

party's ego, and disagreement on solution options. In addition, the low public awareness of the

importance of land administration and the origin of ownership rights is also a major obstacle.