Peran Mediasi dalam Penyelesaian Sengketa Tanah Adat di Desa Natumingka, Kecamatan Bor-Bor, Kabupaten Toba

Abstract

The Republic of Indonesia is a country that upholds the principles of law, as stated in Article 33 of the 1945 Constitution regarding natural resources, which mandates that the management of natural resources, including land, must provide benefits to the community and be managed sustainably. The Basic Agrarian Law (UUPA) is the national land law applicable in Indonesia, regulating various types of land rights in both civil and administrative aspects, aiming to create an integrated land law system in the country. The role of mediation in resolving indigenous land disputes in Natumingka Village, Bor-Bor Subdistrict, Toba Regency has evolved into a complex social issue, where the dispute not only involves legal conflicts but also has deep social and culral implications. Therefore, mediation is viewed as a more peacefsul and constructive alternative to traditional litigation. This study aims to provide significant insights into effective dialogue methods and achieving peace in indigenous land disputes, as well as contributing to the understanding and protection of indigenous peoples' rights in the future. The research questions addressed in this study are: What is the nature of the land dispute that occurred in Natumingka Village, Bor-Bor Subdistrict, Toba Regency.What is the role of mediation in resolving the indigenous land dispute in Natumingka Village. And what are the legal consequences arising from the mediation process in resolving the indigenous land dispute in Natumingka Village, Bor-Bor Subdistrict, Toba Regency. This thesis employs an empirical legal research method, which is based on normative research but examines the law from an external perspective by studying social attitudes and behaviors toward the law as the object of research. The factors causing the indigenous land dispute in Natumingka Village include overlapping claims of land ownership, weak legal recognition, and the level of mediation socialization. The role of mediation in resolving the indigenous land dispute in Natumingka Village is significant in reducing tensions and finding fair solutions acceptable to all parties involved. The outcome of the mediation also entails legal consequences that require the disputing parties to consistently and responsibly implement the agreed results of the mediation.