Mediasi Sebagai Alternatif Penyelesaian Sengketa Di Bidang Pertanahan Studi Kasus Di Kantor Pertanahan Kabupaten Deli Serdang

Abstract

The disputed of mediation to setteled the case of land as an options, has its advantages if been compared throughout the court has not so attractive in terms of time, cost and mind or energy. Inspite it, lacking of trust to the independence of judiciary and administrative of law, placed the court of law was the last options to setteled the resolution of conflict. Equal position and efforts has been flashed by the mediation by the parties to contemp the result of negotiation without any forced and pressured. The main problems in these research was : how does the application by using the mediation process to dispute the land conflict ( study case at The Land Office of Deli Serdang); Howcome the succesfull of mediation to setteled up the land disputes ( study case at The Land Office of Deli Serdang); What was the obstacles encountered in the completion od mediation. Juridicial Normative has been used as a method in this research. Normative method evaluation known as doctrinal research that was analitical law whether law as it written in the book, or the law is decided by the judge through judicial process. Research of normative laws based on secondary data and emphasizes the steps of speculative-theoritical and analysis normative-qualitative. The Technical Guidelines of National Land Agency of Republic of Indonesia Number : 05/JUKNIS/DV/2007 about Mediation Implementation Mechanism issued in Jakarta on May 31, 2007, has been the Mechanism Implementation of Mediation. Decison of mediation could be used as a binding dan directly implementation ( legal basic of Article 1338 and Article 1320 Civil of Law). The benefits and characteristic through the non-letigation dispute resolution, among others : reduced the traffic congestion to reduce the court congestion in the judiciary enforced. Involved the in involvement of community (decentralization law) to empower the dispute of parties in the case conflict. Public facilities acces to justice (acces to justice). Provide the opportunities achievment of dispute resolution that produces mutual deision (win-win solution). Cheaper of coast and faster to settled the dispute. Closed and secret (confidential). Higher possibility to execution of an agreement with the relationship of parties in the future established still godd and well done. Reducing the sperading of “fouls play” in the judiciary . Able to filled the satisfaction triangle (triangle satisfaction) of the substance, procedural and psyhological satisfaction.