PENGGUNAAN MEDIASI SEBAGAI UPAYA PENYELESAIAN SENGKETA TUMPANG TINDIH (OVERLAPPING) HAK ATAS TANAH DI KELURAHAN GUNUNG ANYAR TAMBAK, KECAMATAN GUNUNG ANYAR, KOTA SURABAYA, PROVINSI JAWA TIMUR (Studi Kasus di Kantor Pertanahan Kota Surabaya II)

AKBAR ALQINDI H TAMRIN, 20293481 (2024) PENGGUNAAN MEDIASI SEBAGAI UPAYA PENYELESAIAN SENGKETA TUMPANG TINDIH (OVERLAPPING) HAK ATAS TANAH DI KELURAHAN GUNUNG ANYAR TAMBAK, KECAMATAN GUNUNG ANYAR, KOTA SURABAYA, PROVINSI JAWA TIMUR (Studi Kasus di Kantor Pertanahan Kota Surabaya II). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

This research is motivated by the existence of multiple certificates or overlapping land objects in one land certificate. To resolve these problems, there is a way out, one of which is mediation. The purpose of this research is to find out the following things: (1) To know the stages of mediation implementation in an effort to resolve overlapping disputes; (2) To know the factors that influence the success and failure in the use of mediation as an effort to resolve disputes; (3) To know the problems and solutions of mediation in disputes. The research method used in this research is the normative method with a comparative legal approach. This research is conducted by collecting data by reducing the data and analyzing library materials. The results of the research that has been conducted by researchers on the minutes of documents and the results of interviews during mediation at the Surabaya II Land Office have the following conclusions: (1) There were problems with the absence of a deed of peace issued by the court and there were parties who could not attend and a solution was provided with mediation through zoom meetings. (2) Success factors include cooperative parties, high education, efficiency in dispute resolution, mediator expertise in mastering the problem. Failure factors include non-cooperation, lack of trust in the mediator, mediators who are considered less skilled and selfish. (3) There are problems and solutions to the first and second problems. Keywords: Mediation, Dual Certificates, Property Rights, Land Office.

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