Upaya Kementerian Agraria dan Tata Ruang / Badan Pertanahan Nasional Sebagai Mediator dalam Penanganan Sengketa Pertanahan (Studi Kantor Pertanahan Kota Pematangsiantar dan Kantor Pertanahan Kabupaten Simalungun)

Abstract

Land holds significant importance in the lives of individuals but can also become a source of disputes or conflicts. Indonesia, as a state governed by law, provides mechanisms for resolving land-related disputes or conflicts. Mediation is an alternative to court litigation for resolving disputes between parties. Currently, mediation conducted by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) aims to expedite the resolution of land conflicts.

This study aims to address and elucidate issues concerning the roles, mechanisms, and legal strength of the mediation carried out by the Ministry of ATR/BPN as mediators in handling land disputes at the Land Office of Pematangsiantar City and the Land Office of Simalungun Regency. The research adopts a normative juridical approach with a case study methodology

Mediation at the Land Office of Pematangsiantar City and the Land Office of Simalungun Regency is essentially conducted upon the request of the disputing parties and is resolved when both parties, in good faith, engage in the mediation process. The results of the mediation generally hold the same strength as court decisions, being final and biriding. The mediation conducted by the Land Offices of Pematangsiantar City and Simalungun Regency is highly effective in resolving land disputes/conflicts within the community. However, it is hoped that, in the future, the resolution of land disputes/conflicts through mediation at these Land Offices will not be limited and will increasingly be utilized.