ALTERNATIF PENYELESAIAN SENGKETA TANAH MELALUI MEDIASI ANTARA YAYASAN MU’ADZ BIN JABAL DENGAN PEMERINTAH DESA SAWAH KECAMATAN KAMPAR UTARA KABUPATEN KAMPAR

Abstract

The dispute is basically a problem that often occurs in the global era of society at
the present moment either the individual dispute vertically, also the individual
horizontally as well as the existing groups within the community, therefore every issue or
dispute of course have a way of settling either through litigation and non litigation.
By way of mediation, it is expected that the settlement of a dispute becomes
controlled and does not harm any party to produce an agreed agreement that is
understood and executed by the parties, in the settlement of this land case involving the
group in the form of Foundation with the Village Government which is the organizer of
the government in the village a phenomenon, which raises an important question as to
whether using the mediation path can result in an effective resolution perceived by both
parties even more so if the dispute occurs between the public and the ruler vertically.
The purpose of this study is to determine whether the obstacles in the
implementation of mediation between the Foundation with the Village Government and
how the effectiveness of the implementation of Mediation between Mu'adz Bin Jabal
Foundation with the Village Government of Kampar north Kampar district
The data used in this study consisted of primary data and secondary data
obtained from field research results through interviews with resource persons from
Mu'adz Bin Jabal Foundation and Village Government, and conducted literature study
on primary, secondary and tertiary legal materials related to theme research. Based on
the results of the above research, it can be concluded that the constraints in the
implementation of such mediation is sourced from the internal factors of the disputed
parties, the object of the disputed object and external factors originating from parties
outside the disputed parties. Then the dispute between the two parties has so far been
resolved through an alternative dispute resolution through consensus or mediation in
good faith so as to facilitate a settlement for both parties, although it can be said that the
implementation is not very effective for one of the parties to the dispute
Keywords: Mediation, Dispute, Mediation Barriers