Penyelesaian Sengketa Alternatif Oleh Kepala Desa Di Kecamatan Tualang Kabupaten Siak
Prof.Dr. Rehngena Purba, SH., MS
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Village headman and Adat Institution in setting community dispute is legalized on Law No. 22 year 1999 on Regional Authority that revised by Law No. 32 year 2004 related to Government Regulation No. 76 year 2001 on General Guide of Village Regulation. If the role of village headman and adat institution are maximum efficiency, it can alternative dispute resolution body. The research is conducted to know how the dispute resolution is done by village headman. The field research at Tualang Subregency, Siak Regency that has 7 villages. The respondents are Tualang Subregency community that had and having dispute is settled by village headman (purposive sampling). They interviewed base on the questionnaire. To have more information village headman, adat leader, community leader and head of sub regency are also interviewed. The data is analyzed systematically in inductive and deductive method. It's completed by library research. The research find objects, subjects and the cause of dispute are various and complex. The parties in dispute not only individual but also community group and legal entity. The object of dispute is land and it caused the loss of resource and self defend. The process and mechanism in setting dispute, the village headman gets a report from the party. In session, the headman with the village administration and village consultative body (BPD) are involved. Adat leaders, religion leaders and intellectual are involved in BPD. The session is run by the headman, as mediator he leads the parties to agree. It takes time to settle, depend on the dispute to be settled. Normally it's settled at the place in one session. If the dispute that involve the corporation it's take 3 to 5 month. Dispute resolution is run by deliberation, agreement and familiarity principles. It's accordance with Malay proverb “Bulat air oleh pembuluh, bulat kata oleh mufakat” (an agreement can be taken with a discussion). Besides that, there are some principles to complete the familiarity principles, attitudes; it has patience principle, approach principle, the leader authority, and justice and equality principle. The village headman decision in dispute resolution is an agreement among the parties. The decision is bound the parties. The decision is unwritten but in dispute among the community and corporation is written in formal agreement.
- MT - Ilmu Hukum