PROBLEMATIKA PELAKSANAAN MEDIASI DALAM MENYELESAIKAN SENGKETA PERTANAHAN DI KANTOR PERTANAHAN KABUPATEN BADUNG

MELISA FADHILAH, 21303645 (2025) PROBLEMATIKA PELAKSANAAN MEDIASI DALAM MENYELESAIKAN SENGKETA PERTANAHAN DI KANTOR PERTANAHAN KABUPATEN BADUNG. Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

Mediation is a process of resolving land disputes through negotiation mediated by a mediator. The Badung District Land Office has experienced failures in mediation over the past five years, from 2019 to 2024. This study aims to analyse the causes of mediation failure and identify ways to enhance the role of mediation to effectively resolve land disputes at the Badung Regency Land Office. This empirical legal research aims to examine the law in its practical application in society by identifying internal and external factors that cause the failure of mediation and finding ways to improve the role of mediation in resolving land disputes. The results of the study show that the causes of the failure of mediation are the absence of the parties, the lack of good faith, disagreement over the proposed solution, traditional beliefs that conflict with the law, and internal factors related to the mediator. To enhance the role of mediation and make it more effective, a series of strategic efforts are required, including improving public understanding of the benefits and procedures of mediation through intensive and sustained socialisation, involving traditional and religious leaders, strengthening the capacity of mediators through comprehensive training, and improving coordination among relevant institutions and conducting regular monitoring and evaluation of the mediation process. The Badung District Land Office is advised to routinely and massively implement land law socialisation programmes and mediation simulations at the village level, especially in areas with high potential for disputes, by involving local traditional and religious leaders to bridge the understanding between formal law and cultural values. Additionally, investment in comprehensive training and certification for internal BPN mediators is crucial to enhance professionalism and skills in facilitating fair and effective negotiations. Finally, to provide stronger legal certainty, the results of successful mediation agreements should be ratified through court mechanisms so that they have enforceable power and encourage the parties to comply with the agreements reached. Keywords: Mediation, Land Disputes, Failure

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