IMPLEMENTASI BALE MEDIASI KABUPATEN LOMBOK TIMUR DALAM UPAYA PENYELESAIAN SENGKETA TANAH DI LUAR PENGADILAN

Abstract

This study aims to determine the model of land dispute resolution and obstacles in conflict resolution at the ‘Bale Mediasi' of East Lombok in out-of-court land dispute resolution. This type of research is empirical legal research, with the use of the statute approach, conceptual approach, and sociological approach as the methods. The results of the study conclude that the dispute resolution model in Bale Mediasi, is closed, private, and confidential, with the principle of deliberation to reach consensus. Bale Mediation only handles two types of disputes, namely civil disputes and minor criminal offenses, as regulated in Article 29, paragraph (2) of the Regent Regulation Number 37 of 2019. The settlement of land disputes at the East Lombok Regency Mediation Bale starts with one party making a request to Bale Mediasi of East Lombok Regency, which will then be processed starting with the appointment of a mediator, followed by a case review, and finally, the mediation process with the involved parties. The obstacles faced in resolving land disputes at the Mediation Bale of are the parties who do not attend the mediation process, the absence of good faith, the lack of certified mediators, the lack of public understanding in the mediation process.