KETERBATASAN KEKUATAN MENGIKAT MEDIASI DALAM PENYELESAIAN SENGKETA PERTANAHAN DI KABUPATEN SLEMAN

DZAKYA TELISA PRIMATAQY, 22314185 (2026) KETERBATASAN KEKUATAN MENGIKAT MEDIASI DALAM PENYELESAIAN SENGKETA PERTANAHAN DI KABUPATEN SLEMAN. Diploma thesis, Politeknik Agraria STPN.

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Abstract

This study examines the limitations of the binding force of land mediation agreements in resolving land disputes at the Sleman District Land Office, using a case study of the dispute between Paulus Sawalman (PS) and Mrs. Harlimpat Donowiyono represented by Jap Kurniawan Halim (ND/JKH) concerning Letter C No. 143 Plot 24 and Certificate of Ownership (SHM) No. 00371/Maguwoharjo. The mediation agreement recorded in the Minutes of Mediation dated 15 September 2022 was never implemented by the parties, resulting in the case being classified as K1. This research aims to identify and analyze the causes of the non-implementation of the mediation agreement, examine the legal implications arising from this default, and analyze the settlement efforts undertaken by the Sleman District Land Office. The study employs a normative-empirical legal research format, combining a statutory approach and a case approach, using interviews, review of the Minutes of Mediation, and legal materials analyzed descriptively and interpretively.The findings show that the failure to implement the mediation agreement stemmed from a combination of substantive factors, namely a bilateral disagreement over the price and land area of the disputed object, and structural factors, namely the weak executory force of the Minutes of Mediation, which merely holds the status of a private agreement without registration with the District Court. This condition generates layered legal implications, including civil default, an administrative status that remains classified as K1, and obstruction in updating the physical and juridical data of the disputed land parcel. The settlement efforts undertaken by the Sleman Land Office, including re-mediation, re-measurement, litigation recommendations, and referral to the DIY Regional Office of the National Land Agency, have not resolved the deadlock due to the absence of executory authority at the administrative level. This study concludes that these limitations originate from the design of the non-litigation land mediation system, which still lacks an adequate enforcement mechanism, thus requiring stronger mediation minutes clauses, enhanced institutional capacity, and clearer legal standing for the outcomes of land mediation. Keywords: land mediation, binding force, default (wanprestasi), land dispute, minutes of mediation

Item Type: Thesis (Diploma)
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD29 Pertanahan
Divisions: Prodi Diploma IV Pertanahan
Depositing User: yosep ka perpus
Date Deposited: 28 Sep 2026 03:41
Last Modified: 28 Sep 2026 03:41
URI: http://repository.stpn.ac.id/id/eprint/5112

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