The development of the times that followed with development development has change transfer function land . This can also cause the occurrence dispute land , because existence the will cause the occurrence clash interest to land . [1] the determination Regulation Head of BPN Number 3 of 2011 is in frame overcome and resolve disputes , conflicts and cases land for justice and welfare public as well as For reduce potential the emergence problem land . [2] Completion dispute land through mediation is settlement of the nature voluntary , because BPN as a mediator only facilitate for the parties For finish the dispute through road peace . Although Thus , the way This is highly recommended For taken before the parties do settlement through track law . [3] This is also emphasized in Regulation Supreme Court Number 1 of 2008 replacement Regulation Supreme Court Number 2 of 2003 concerning Procedure Mediation in Court , which requires the parties For to go through mediation before dispute the decided by the judge. [4] Although in mediation the No obligatory For produce peace , but if only mediation must For done . Therefore that , BPN is trying For can give room for the disputing parties For finish the dispute through effort external mediation court For suppress / reduce cases increasingly land complex . [5] Implementation agreement Peace Land Disputes by the National Land Agency . [ 6 ]
Research This use method study normative and research empirical which research Normative emphasizes on laws and other regulations that are conceptualized as what is written in regulation legislation (law In book) [7] Meanwhile, in the research legal Empirical , namely law conceptualized as operated by the community in life everyday . [8]
National Land Agency as agency government has given authority by regulation legislation in the field of land in settlement dispute or conflict land . Settlement Process Disputes and Conflicts Land according to Regulation of the Minister of Agrarian Affairs and Spatial Planning/ National Land Agency Number 11 of 2016, implemented in accordance with terms and regulations applicable laws and regulations For give certainty law as in Article 2 paragraph (2) of this Ministerial Regulation explained : “ Completion case land aiming For give certainty law and justice about control , ownership , use and utilization land ”. [9] Completion Disputes and Conflicts Land in regulation minister this is also done based on 2 things that is initiative from ministry and public complaints . Mediation as one of the form from alternative settlement dispute has adopted by BPN for settlement dispute land . [10] Mediation implemented with objective For finish dispute with involving party the third is neutral and impartial or No taking sides . [11] In the case of This mediation can deliver the parties For realize agreement permanent and lasting peace , considering settlement dispute through mediation put second split parties in the same position , no There is the winning party nnor the defeated , or known with the term win-win solution. In this case Disputes and Conflicts is authority of the Ministry or BPN, the responsible official in handle Disputes , Conflicts and Cases report results data collection and results analysis as to Head of the Land Office . While if Disputes and Conflicts No is BPN's authority and become authority agency other , then responsible official in handle Disputes , Conflicts and Cases convey explanation in a way written to party Complainant . Settlement Disputes and Conflicts handed over to party complainant , but BPN can take initiative For facilitate settlement Dispute or Conflict through Mediation . [12] The mediator is in a “ middle and neutral ” position between the disputing parties and seek find a number of agreement so that achieve satisfactory results the parties to the dispute . [13] “ Being in the middle ” also means , the mediator must be in position neutral No take sides in finish dispute . The mediator must capable guard interestsofthe disputing parties in a way fair and equal, so that grow trust of the disputing parties Based on various view mentioned above , mediation is activities carried out by the mediator as Participating parties help look for various alternative solutions dispute .
Mediator does not can force the parties For accept offer settlement dispute . It is the parties who determine agreements what they want . The mediator only help looking for alternatives and pushing they in a way together follow finish dispute . [6]
Based on provision in Article 4 letter h of Presidential Decree No. 17 of 2015 in structure BPN organization formed " Directorate General Handling of Agrarian Problems , Utilization of Space and Land", whose duties are to organize function formulation policy in the field settlement dispute land . As description from Presidential Decree the rise Perkaban No.11 of 2016 concerning Settlement of Land Cases . Based on Perkaban No.11 of 2016 Article 12 paragraph (5) states : " In case Dispute or Conflict No authority of the Ministry, the Ministry can take initiative For facilitate settlement Dispute or Conflict through Mediation ” . Article 37 paragraph (1). Officials in the BPN ranks can become a mediator because his position so that the creation of an authorization mediator that is officials at the Ministry, or BPN Regional Office, or Land Office who are given authority be a mediator for finish dispute land other than become BPN authority . Handling problem the land that becomes the authority of the BPN will handled by BPN based on on Community Report or on BPN initiative based on complaint or news in the newspaper related problems that occur . [14] Based on an interview with Melki Awom , [15] as head sexy settlement Land Agency dispute Jayapura Regency that the Mediation Institution This called in provisions of Article 6 paragraph (3), (4), and (5) of Law No. 30 of 1999, as a mechanism settlement dispute with help a or more advisor expert assist the parties strive for settlement dispute or different opinion until succeed an agreement was reached and stated in form written and signed by the parties . [16]
Based on an interview with Mr. Firdaus, the mediation settlement carried out by the National Land Agency as a mediator can be carried out well as a neutral party and also reduces large costs and does not take too long.
Land Agency (BPN) as agency government has given authority by regulation legislation in the field of land in settlement dispute or conflict land . Settlement Process Disputes and Conflicts Land according to Regulation of the Minister of Agrarian Affairs and Spatial Planning/ National Land Agency Number 11 of 2016 BPN as mediator in the settlement of dispute land Completion Disputes and Conflicts Land in regulation minister this is also done based on 2 things that is initiative from ministry and complaints public . Mediation as one of the form from alternative settlement dispute has adopted by BPN for settlement dispute land . Mediation implemented with objective For finish dispute with involving party the third is neutral and impartial or No take sides . In case This mediation can deliver the parties For realize agreement permanent and lasting peace , considering settlement dispute through mediation put second split parties in the same position , no There is the winning party or the defeated , or known with win-win solution term er.