LAND DISPUTE SETTLEMENT THROUGH MEDIATION

BY THE JAYAPURA CITY LAND OFFICE

Meise Kalembang1, Andi Suriyaman Mustari Pide2, Muhammad Ilham Arisaputra3

1
Hasanuddin University Master of Notary Student, 2Hasanuddin University, 3Hasanuddin
University
E-mail:
kalembangmeise@gmail.com , rirymosaja@yahoo.com , ilhamarisaputra@gmail.com

Abstract

This study aims to determine and analyze obstacles faced in the mediation process land dispute
at the Jayapura City Land Office..

The method used is empirical. Empirical research, which is a study not only looks at the positive
legal aspects, also looks application or practice in the field. Used to analyze qualitatively about
land disputes through mediation by the Jayapura City land office.

The result of the research is the legal arrangements governing the settlement of the land disputes
through mediation are carried out based on the regulation of the ministry of agrarian affairs and
spatial planning/National land agency number 21 of 2020 about handling and settlement of land
cases and also guided by decision of the head of national land agency and presidential regulation
number 48 of 2020 about national land agency. This study shows that settlement of land disputes
through mediation by the Jayapura City land office has not been carried out optimally and guided
by the decree of the head of the Jayapura City land office number 24 of 2022 about standard
operating procedures for handling and settlement of land disputes and conflicts.

Key words: Settlement; Land Disputes; Mediation; Land Office;

Introduction for land as development progresses, land

One of the primary needs that humans
need is land. For humans, land is needed as
a place for humans to carry out their
survival. Without land, humans cannot carry
out their normal and safe functions of life
and life.1 Because land is an important asset
for humans and also with increasing demand
1
Nurus Zaman, 2016, Politik Hukum Pengadaan
Tanah Antara Kepentingan Umum Dan
Perlindungan Hak Asasi Manusia, Bandung:
Refika Aditama, Hal.4.
conflicts are increasing.2 These land
disputes/conflicts can occur between
individuals and individuals, the community
and the private sector, the private sector and
the private sector as well as the community
2
Hamidi dan Moh Abdul Latif, 2021,
Penyelesaian Sengketa Pertanahan Di Wilayah
Madura Secara Mediasi Oleh Badan Pertanahan
Nasional, Yudisia: Jurnal Pemikiran Hukum dan
Hukum Islam, Volume 12 Nomor 1, Institut
Agama Islam Negeri Kudus, Kudus, Hal. 58.
and the government.3
Land has developed into a symbol of
wealth or power. By owning a large area of
land, a person is sociologically placed in a
certain social status within the strata of
society. Because of the importance of this
immovable property, the state-government
tries to regulate the allocation and use of
land. The Constitution of the Republic of
Indonesia grants this authority to the State of
the Republic of Indonesia. The authority is
given to the State as the highest authority
organization to implement it, namely Article
33 paragraph (3) of the 1945 Constitution of
the Republic of Indonesia which stipulates
that the Earth, water and natural resources
contained it is controlled by the state and
used as much as possible for the prosperity
of the people. In this article, it seems that the
interests of the greatest prosperity of the
people are the basis for the control of land
by the State.4
Land conflict is a process of
interaction between two or groups that each
fight for their interests over the same object,
namely land and other objects related to
land, water, plants, mines, as well as air that
is above the land in question. On a micro
level, the source of conflict can arise due to
differences or conflicts of values, different
interpretations of information, data, or
objective descriptions of local land
conditions or differences/conflicts of
economic interests seen in the gaps in the
structure of land ownership and control.5
Land problems from a juridical point
3 the customary government system, the Port
Candra Irawan, 2010, Aspek Hukum Dan
Mekanisme Penyelesaian Sengketa Di Luar
Pengadilan (Alternative Dispute Resolution) Di
Indonesia, Bandung: Mandar Maju, Hal.1.
4
Muhammad Ilham Arisaputra, 2015, Reforma
Agraria Di Indonesia, Jakarta, Sinar Grafika,
Hal.57
5
Maharani Nurdin, 2018, Akar Konflik
Pertanahan Di Indonesia, Jurnal Hukum
Positum, Volume 3 Nomor 2, Universitas
Singaperbangsa, Karawang, Hal. 127.
of view are not simple to solve. The
emergence of legal disputes regarding land
starts from a complaint from one party
which contains objections and claims for
land rights both on the status of the land or
the priority of ownership in the hope of
obtaining an administrative settlement in
accordance with the provisions of applicable
regulations.6
Papua Province is one of the provinces
in Indonesia that has many land disputes.
The solution to the land problem in Papua is
very complicated. This is because the
mindset of indigenous peoples is of the
opinion that the lands in Papua are ulayat
lands, not state lands. This different
understanding between indigenous peoples
and the government is what ultimately gives
rise to legal pluralism in the land sector.
Legal pluralism exists to provide new
understanding to legal practitioners, state
law makers and the wider community that in
addition to state law there are other legal
systems that existed earlier in society and
these legal systems interact with state law
and even compete with each other.7
The indigenous people of Port
Numbay recognize the dualism of the
government system, namely formal
government and non-formal government.
Formal government is a government system
that is structured in the constitutional system
of the Unitary State of the Republic of
Indonesia which is chaired by a village head
and his apparatus. While non-formal
government is a system of original
government or customary government. In
Numbay customary law community is led by
an ondoafi and his apparatus. In this system
what is prioritized is deliberation for
6
Bernhard Limbong, 2012, Konflik Pertanahan,
Jakarta: Margareta Pustaka, Hal.4.
7
Lidwina Inge Nurtjahyo, 2011. “Menelusuri
Perkembangan Kajian Pluralisme Hukum Di
Indonesia”, Jakarta, Episterna Institute, hal. 50.
consensus and from this ondoafi practice it
is reflected that the democratic system is
already part of the life praxis of the Port
Numbay indigenous people.
The role of Ondoafi is very important
in the settlement of customary disputes
because it is the authority of the customary
leader. As a unit of customary law
community that lives and grows in the midst
of society, they are faced with various
options in the dispute resolution process.
Both through litigation and non-litigation.
Settlement of disputes through non-litigation
channels in the customary law community of
Port Numbay is known as "Para-para Adat".
That is the process of resolving disputes in a
family manner so that between the parties to
the dispute, family relations are maintained
and harmonious.
The Papuan customary court is
regulated based on the Papua Province
Special Regulation Number 20 of 2008
concerning the Papuan Customary Court,
which is the implementation of Law Number
21 of 2001 concerning the Granting of
Special Autonomy for the Papua Province.8
Basically, dispute resolution can be
carried out through 2 channels, namely, the
court route and the out-of-court route.
Article 1 number 10 of Law Number 30 of
1999 concerning Arbitration and alternative
dispute resolution states that alternative
dispute resolution is a dispute resolution
institution through a procedure agreed upon
by the parties, namely an out-of-court
settlement by means of consultation,
negotiation, mediation, consolidation or
expert judgment.
Although the existence of an out-of-
court settlement has been recognized, it is
not uncommon for the disputing parties to
8 11
Rae Netha Junaedy, 2015, “Peran Lembaga
Adat Dalam Penyelesaian Delik Adat Pada
Masyarakat Port Numbay Di Kota Jayapura”,
Skripsi. Hukum Pidana Fakultas Hasanuddin,
Makassar, Hal. 1-3.
still be dissatisfied because in the decision-
making process there are contradictions in
the rules and on the other hand the role of
the court is still dominant in resolving
disputes.9
Settlement of land disputes by means
of mediation can be resolved through
institutions outside the court, one of which is
through the national land agency. known as
the Basic Agrarian Law which is the
implementation of Article 33 paragraph (3)
of the 1945 Constitution of the Republic of
Indonesia which states that:10 "Earth and
water and the natural resources contained
therein are controlled by the State and used
for the maximum benefit of prosperity of the
people".
Mediation is one of the many
Alternative Dispute Resolution or
commonly known as "Alternative Dispute
Resolution" which first emerged in the
United States. Mediation can be seen as a
form of out-of-court dispute resolution
which is a form of Alternative Dispute
Resolution but can also take the form of
judicial mediation. This mediation was born
against the background of the slow process
of resolving disputes in court, therefore this
mediation emerged as an answer to the
growing dissatisfaction with the justice
system which led to the issue of time, cost
and ability to handle complex cases. In the
case of the archipelago, the practice of
resolving disputes through deliberation has
long been practiced. A special term in court
is called mediation.11
There are several factors that are the
reason for mediation to be one of the dispute
resolutions of concern in Indonesia,
9
Hamidi dan Moh Abdul Latif, Op. Cit, Hal, 53.
10
Hamidi dan Moh Abdul Latif, Op. Cit, Hal, 54.
Revy.S.M. Korah, 2013, Mediasi Merupakan
Salah Satu Alternatif Penyelesaian Masalah
Dalam Sengketa Perdagangan Internasional,
Jurnal Hukum Unsrat, Volume 21 Nomor 3,
Universitas Sam Ratulangi, Manado, Hal. 33.
namely:12
1. Economic factors, where mediation
as an alternative dispute resolution
has the potential as a means to
resolve disputes more economically,
both from the point of view of cost
and time.
2. Scope factor, mediation has the
ability to discuss the problem agenda
more broadly, comprehensively and
flexibly.
3. The factor of fostering good
relations, where mediation that relies
on cooperative settlement methods is
very suitable for those who
emphasize the importance of
relationships both between humans
(relationships), which have taken
place and in the future.
Then in Article 1 point 1 of the
Regulation of the Minister of Agrarian
Affairs and Spatial Planning/Head of the
National Land Agency Number 21 of 2020
concerning Handling and Settlement of
Land Cases, it is determined that land cases,
hereinafter referred to as cases, are disputes,
conflicts, or land cases submitted to the
Ministry of Agrarian Affairs and
Administration. Space/National Land
Agency, Regional Office of the National
Land Agency, Land Office in accordance
with their respective authorities to obtain
handling and settlement in accordance with
the provisions of the legislation.13
The existence of mediation has
provided something new in the field of
dispute resolution. With out-of-court
12
I Gusti Agung Wisudawan, 2019, Mediasi
Sebagai Salah Satu Penyelesaian Sengketa
Bisnis (Di Desa Gelogor, Kecamatan Kediri,
Kabupaten Lombok Barat), Jurnal Kompilasi
Hukum, Volume 4 Nomor 2, Universitas
Mataram, Nusa Tenggara Barat, Hal. 150.
13
Peraturan Menteri Agraria dan Tata Ruang
Kepala Badan Pertanahan Nomor 21 Tahun
2020 tentang Penanganan dan Penyelesaian
Kasus Pertanahan. Hal 4.
disputes, the benefits, time and costs are
relatively light, it will give more satisfaction
to the disputing community, and the
confidentiality of dispute resolution outside
the court is guaranteed. Then the most
important thing is that the settlement is
carried out peacefully, so that all parties to
the dispute become winners because the
decision is made based on an agreement and
adheres to the principle of win-win solution
so that dispute resolution is complete.
The purpose of developing mediation
as an alternative dispute resolution is to
provide a forum for parties to work towards
voluntary agreement in making decisions
regarding the disputes they face. Thus
mediation is a potential means to improve
relations between the disputing parties. The
authority of the national land agency in
Mediation is to find solutions and carry out
handling in accordance with the Regulation
of the Minister of Agrarian Affairs and
Spatial Planning/Head of the National Land
Agency of the Republic of Indonesia
Number 21 of 2020 concerning Handling
and Settlement of Land Cases Article 43
concerning Mediation, namely:14
1) Case settlement can be resolved
through mediation.
2) Mediation as referred to in paragraph
(1) may be carried out by and on the
initiative of:
a. Ministry, Regional Office, Land
Office according to their authority
and/or at the initiative of the party
concerned; or
b. Individuals or Institutions at the
initiative of the disputing parties.
Based on the number of land dispute
mediations registered with the Jayapura City
Land Office for the last 2 years (2020 and
2021). The Jayapura City Land Office also
serves submissions for mediation for land
dispute cases in the Jayapura City area as
many as 25 mediation cases. With details in
14
Ibid Hal. 37.
2020, there were 10 mediation cases and
none of them succeeded in mediation,
meanwhile in 2021 there were mediation
cases and only 3 were successfully
mediated.15
Meanwhile, the number of land
dispute mediations registered with the
Customary Deliberation Institution for the
last two (2) years (2020 and 2021). The
Indigenous Deliberation Institution serves
mediation requests for land dispute cases in
the Jayapura City area as many as 5
mediation cases. With details in 2020, there
were 2 (two) cases of mediation and
mediation success, meanwhile in 2021 there
were 3 cases of mediation between 2 cases
that were successfully mediated and 1 case
did not succeed in mediation.16
It can be seen that mediation efforts at
the Jayapura City Land Office have been
carried out, but the success of the mediation
process is still relatively low. Based on the
background description, the author has an
interest in answering the existing problems,
namely What are the obstacles in resolving
land disputes through mediation?
Material and Method
This type of research is Empirical Law.
According to Soerjono and Sri Mamudji
Empirical legal research is legal research
conducted by examining primary data,
namely data obtained directly from the
community.17
This research was conducted at the
15
Kementerian Agraria Dan Tata Ruang Badan
Pertanahan Nasional Republik Indonesia Kantor
Pertanahan Kota Jayapura, Jumlah
Penanganan Permohonan Mediasi Pada Seksi
Pengendalian dan Penanganan Sengketa,
Maret 2022.
16
Lembaga Musyawarah Adat Port Numbay
umlah Penanganan Permohonan Mediasi Pada
LMA, Maret 2022.
17
Irwansyah, 2020, Penelitian Hukum (Pilihan
Metode dan Praktik Penulisan Artikel),
Yogyakarta, Topoffset. Percetakan, Hal. 43.
Jayapura City Land Office and the Port
Numbay Customary Council of Jayapura
City. This location was chosen because it is
one of the areas that carry out mediation in
land dispute resolution, so it is hoped that it
will be easy to find out the obstacles in the
ongoing dispute resolution process.
Based on the overall data collected from
this study, then an analysis is carried out
using the qualitative analysis method, which
is an analytical method carried out by
describing the phenomena or facts obtained
from the research results, based on the data
obtained, both primary data and secondary
data. The final data analysis by providing
conclusions and suggestions on what should
be done to the legal problem.
Results and Discussion
Obstacles in Resolving Land
Disputes Through Mediation by the
Jayapura City Land Office.
Disputes that often occur in Papua are
regarding customary land, which is one of
the most complex land disputes to find a
solution for. In this land dispute, in addition
to having an impact on economic problems,
it can also cause wider social problems. The
form of a dispute resolution is a series of
activities carried out by the disputing parties
using strategies to resolve disputes. Nader
and Todd explain in their book Sulastriyono
that parties can develop several strategies or
alternatives in resolving disputes, such as:18
a) Coercion namely one party forcing a
solution on another party, for
example a debt collector;
b) Negotiation in which two parties
face each other is the way of
decision making;
c) Mediation is the intervention of a
third party to resolve a dispute
18
Sulastriyono. 1997. Sengketa Penguasaan
Tanah Timbul dan Proses Penyelesaiannya.
Tesis, Jakarta: Program Pacsa sarjana UI.
Hal.47-49.
 regardless of whether both parties to
the dispute ask for help or not.
People act as mediators such as
village/camat heads, government
heads and judges and so on;
d) Arbitration, i.e. if both third parties,
namely the arbitrator/arbitrator, are
to settle the dispute and from the
beginning have agreed to accept any
decision from the arbitrator;
e) Adjudication of a dispute to the
court, namely the intervention of a
third party (court) to resolve the
dispute and the results are obeyed by
the disputing parties;
Mediation is a simple and practical
effort in adjusting the dispute, which is
preceded by finding and bringing together a
problem-solving agreement, assisted by one
or more persons as mediators who are
neutral and only function as facilitators. The
final decision is in the power of the
disputing parties as outlined in a joint
decision.19 Disputes are a continuation of the
existence of problems. A problem will turn
into a dispute if the problem cannot be
resolved.20
Departing from the understanding of
mediation as mandated in Article 1
paragraph (11) of the Regulation of the
Minister of Agrarian Affairs and Spatial
Planning/Head of the National Land Agency
of the Republic of Indonesia Number 21 of
2020 concerning Handling and Settlement of
Land Cases explains that:21 Mediation is a
19
Absori dan M. Mahdi, 2016, Alternatif Dispute
Resolution (ADR) Penyelesaian Sengketa
Pencemaran Lingkungan: Studi Kasus di
Kelurahan Wonoyoso Kabupaten Pekalongan,
Program Pasca Sarjana Ilmu Hukum,
Universitas Muhammadiyah Surakarta, Hal 35.
20
Rachmadi Usman, 2003, Pilihan Penyelesaian
Sengketa Di luar Pengadilan, Bandung Citra
Aditya Bakti, hal 2.
21
Pasal 1 ayat 11 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
method of resolving cases through a
negotiation process to obtain an agreement
carried out by the parties facilitated by the
Ministry of Agrarian Affairs and Spatial
Planning/National Land Agency, Regional
Office of the National Land Agency, Land
office according to their authority and/or
land mediator.
The Jayapura City Land Office as a
mediator has the authority to handle disputes
and conflicts that occur in Jayapura City,
which is as regulated in Article 1 paragraph
(27) of the Regulation of the Minister of
Agrarian Affairs and Spatial Planning/Head
of the National Land Agency of the
Republic of Indonesia Number 21 of 2020
concerning Handling and Settlement of
Land Cases explained that:22 The head of the
control and dispute handling section,
hereinafter referred to as the Head of
Section V, is an official at the Land Office
who has the task of carrying out control of
land rights, land conversion, coastal areas,
small islands, borders and certain areas,
controlling control, ownership and use,
utilization of land, and handling of disputes
and conflicts, as well as handling of land
cases.
According to Ferdi Alifisnura23, the
head of the section for controlling and
handling land disputes in the City of
Jayapura, he explained that in order to
determine steps and directions in handling
and resolving disputes, conflicts, and land
cases effectively as mandated by law, the
author conducted the research. The law is
given the authority to register and record all
land parcels throughout the Republic of
Indonesia, the Jayapura City land office in
22
Pasal 1 ayat 27 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
23
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Pertanahan Kota Jayapura, Tanggal 4
April 2022 Di Kantor Pertanahan Kota Jayapura.
principle accepts documents that have been
submitted which were previously verified in
accordance with the Decree of the Head of
the Jayapura City Land Office Number 24 of
2022 concerning Standard Operational
Procedures for Handling and Settlement of
Disputes and Land Conflict. Furthermore,
regarding the handling of disputes and
conflicts, it is stated in Article 6 paragraph
(1) of the Regulation of the Minister of
Agrarian Affairs and Spatial Planning/Head
of the National Land Agency of the
Republic of Indonesia Number 21 of 2020
concerning Handling and Settlement of
Land Cases explaining that:24
(1) Dispute and Conflict Handling is
carried out through the following stages:
a. Case Assessment;
b. Initial Degree;
c. Study;
d. Exposure of Research Results;
e. Coordination meetings;
f. Final Degree;
g. Case Resolution.
After describing the handling of
disputes through mediation that occurred in
the city of Jayapura, the author then linked
the theory of conflict. According to expert
Soerjono Soekanto, divides social conflict
into five (5) forms, including:25
1. Personal conflict or conflict, namely
conflicts that occur between two or
more individuals due to different
views and so on.
2. Conflicts or racial conflicts, namely
conflicts that arise due to racial
differences.
3. Conflicts or conflicts between social
classes, namely conflicts that occur
due to differences in interests
24
Pasal 6 ayat 1 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Republik Indonesia Nomor 21 Tahun 2020
Tentang Penanganan dan Penyelesaian Kasus
Pertanahan.
25
Soerjono Soekanto,1992, Sosiologi Suatu
Pengantar, Rajawali Pers, Jakarta, Hal 86.
between social classes.
4. Political conflict or conflict, namely
conflict that occurs due to the
interests or political goals of a person
or group.
5. Conflicts or conflicts of an
international nature, namely conflicts
that occur due to differences in
interests which then affect the
sovereignty of the state.
Sociologists argue that the root of the
emergence of conflict is the existence of
social, economic, political relations whose
roots are the struggle for sources of
ownership, social status and power whose
availability is very limited with unequal
distribution in society.26 In solving the
problem or conflict studied by the author,
namely the occurrence of personal and racial
conflicts that occurred in Jayapura City,
where the conflict that occurred regarding
the conflict between the two parties together
had the same land rights base issued by
Ondoafi / Village Head so that the parties
jointly claim ownership rights to the land,
most of the land claimed is ulayat land.
Therefore, the Jayapura City Land
Office carries out mediation stages in
dispute resolution including:27
1) There is a mediation application
letter from the applicant to the
Jayapura City land office. As
regulated in Article 3 paragraph (2)
of the Regulation of the Minister of
Agrarian Affairs and Spatial
Planning/Head of the National Land
Agency of the Republic of Indonesia
26
Elly M, 2011, Pengantar Sosiologi
Pemahaman Fakta dan Gejala Permasalahan
Sosial: Teori, Aplikasi, dan Pemecahannya,
Kencana Prenada Media Group, Jakarta, hal
361.
27
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
 Number 21 of 2020 concerning a. Photocopy of proof of
Handling and Settlement of Land identity; or
Cases which states that:28 The b. Power of
complaint as referred to in paragraph attorney and a
(1) is received through the reception photocopy of the
counter for the complaint letter, the identity of the giver
direct complaint reception counter and recipient of the
and the receipt of complaints through power of attorney if
online media organized by the authorized.
Ministry, Regional Office, and Land 2. Legal Entities include:
Office.” a. Photocopy of deed of
In the facts on the ground, the authors establishment/last amendment;
state that the Jayapura City Land Office still b. Power of attorney from the board of
receives complaints directly at the complaint directors; and
letter reception counter which is then c. photocopy of the identity of the giver
disposed of by the Jayapura City Land and the recipient of the power of
Office Head to the head of the dispute attorney if authorized.
handling and control sub-section for follow 3. Community groups include:
up. a. Photocopy of proof of identity of
2) The Jayapura City land office members of the community group;
collects documents and analyzes and
various information regarding the b. Power of attorney from all members
object of the dispute. There are of the community group
mediation requirements in the form accompanied by a photocopy of the
of required documents in accordance identity of the recipient of the power
with Article 3 paragraph (3) of the of attorney, if authorized.
Regulation of the Minister of 4. Government Institutions
Agrarian Affairs and Spatial include:
Planning/Head of the National Land Photocopy of proof of identity of the
Agency of the Republic of Indonesia employee or official of the agency
Number 21 of 2020 concerning concerned accompanied by a letter of
Handling and Settlement of Land assignment or power of attorney from the
Cases which states that Article 3 agency concerned.
paragraph (3):29 5. Ministries, regional offices,
(3) Complaints submitted must meet land offices include: a report
the following requirements: letter from the head of the
a. The identity/legality of the work unit or work unit
complainant which includes: concerned.
1. Individuals include: a. Photocopy of supporting data or
proof of land tenure/ownership of the
28
Pasal 3 ayat 2 Peraturan Menteri Agraria dan complainant;
Tata Ruang/Kepala Badan Pertanahan Nasional b. Photocopy of other supporting data
Nomor 21 Tahun 2020 tentang Penanganan dan on the land of the object of dispute or
Penyelesaian Kasus Pertanahan.
29 conflict; and
Pasal 3 ayat 3 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional c. Brief description of the case
Nomor 21 Tahun 2020 tentang Penanganan dan chronology.
Penyelesaian Kasus Pertanahan
 In the facts on the ground, the author
suggests that at the Jayapura City Land
Office, the documents or files from the
mediation application will be examined
through Section V (handling and controlling
disputes) of the Jayapura City Land Office,
which then if the application documents are
appropriate, it will be followed up with
making a mediation invitation. for the
parties to the dispute.
3) The Jayapura City Land Office
issued a mediation invitation for 3
(three) mediation calls for the parties
involved in the disputed land object.
The invitation to call for mediation 3
(three) times at the Jayapura City
land office, this is in line with Article
44 paragraph (3) of the Regulation of
the Minister of Agrarian Affairs and
Spatial Planning/Head of the
National Land Agency of the
Republic of Indonesia Number 21 of
2020 concerning Handling and
Settlement of Land Cases which
states that:30 In the event that the
parties have been properly invited 3
(three) times but are not present, the
mediation is declared a failure”.
In the facts on the ground, the author
suggests that at the land office of Jayapura
City, the Sub-division of Control and
Dispute Handling invited the disputing
parties to mediate 3 (three) times but the
practice that occurred between the parties,
especially the respondent, did not heed the
call, the mediation was declared failed. and
make a report.
4) The Mediator starts mediation with
the related parties, regulated in
Article 44 paragraph (10) of the
Regulation of the Minister of
Agrarian Affairs and Spatial
30
Pasal 44 ayat 3 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
Planning/Head of the National Land
Agency of the Republic of Indonesia
Number 21 of 2020 concerning
Handling and Settlement of Land
Cases which states that:31 The
procedure for mediation is regulated
further with technical instructions.
Regarding the technical instructions
carried out at the Jayapura City Land
Office, the author argues that:
a. The opening includes introductions,
outlining the mediation schedule and
process, reading the mediation rules
and presenting the chronological
problems. In this case, Sub-section V
or the Head of the Dispute Control
and Handling Section serves as the
head of the mediator team and
presenter/presenter, and is
accompanied by the head of the right
determination and registration
section, the head of the survey and
mapping section, land administrators
and staff from dispute control and
handling. who served as note taker;
b. Mediator Provide the opportunity for
the parties to present the problem in
order to find out the chronology of
the problem from the version of the
disputing parties;
c. The mediator provides responses and
inputs from the land aspect aimed at
generating dispute resolution options
by encouraging the parties to be open
and looking for alternative problem
solving solutions together;
d. The mediator listens to explanations
from third parties, witnesses or
attorneys;
e. The mediator throws questions and
31
Pasal 44 ayat 10 Peraturan Menteri Agraria
dan Tata Ruang/Kepala Badan Pertanahan
Nasional Nomor 21 Tahun 2020 tentang
Penanganan dan Penyelesaian Kasus
Pertanahan.
 answers aimed at finding out the
problems faced by the parties;
f. The mediator discusses with other
section heads who are present in the
mediation to see the object of the
dispute;
g. The mediator provides input to the
parties so that it can be resolved
amicably by a bargaining process
between the parties so that no one is
harmed;
5) If the first mediation meeting point
has not been found, (1) it will be
stopped and will be continued at the
next second mediation meeting (2)
until the third mediation meeting (3),
regulated in Article 44 paragraph (3)
of the Regulation of the Minister of
Agrarian Affairs and Spatial
Planning/Head of the Land Agency
National Republic of Indonesia
Number 21 of 2020 concerning
Handling and Settlement of Land
Cases which states that32 In the event
that the parties have been properly
invited 3 (three) times but are not
present, the mediation is declared a
failure.
In the facts on the ground, the author
suggests that mediation at the Jayapura City
land office in dispute resolution was carried
out 3 (three) times so that the final result of
the mediation was made and an official
report was made, if the mediation was
declared failed and did not find an
agreement between the parties to the
dispute, a report was made. minutes and
continued with litigation/court dispute
resolution.
6) The Jayapura City Land Office
makes an Official Report, which is
32
Pasal 44 ayat 3 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan
Nasional Nomor 21 Tahun 2020 tentang
Penanganan dan Penyelesaian Kasus
Pertanahan.
regulated in Article 44 paragraph (8)
of the Regulation of the Minister of
Agrarian Affairs and Spatial
Planning/Head of the National Land
Agency of the Republic of Indonesia
Number 21 of 2020 concerning
Handling and Settlement of Land
Cases which states that:33 “The
results of the mediation are set forth
in the minutes of the implementation
of the mediation containing the
agreement and follow-up to the
mediation signed by the official/head
of the settlement team/mediator”.
For this reason, the author states that
from the results of the mediation agreement,
whether it is successful or unsuccessful, an
official report will still be made by the
Jayapura City Land Office for the parties to
the dispute, including:
a. Finding the Agreement of the Parties
A peace agreement deed is made,
regulated in Article 44 paragraph (5),
paragraph (6) and paragraph (9) of
the Regulation of the Minister of
Agrarian Affairs and Spatial
Planning/Head of the National Land
Agency of the Republic of Indonesia
Number 21 of 2020 concerning
Handling and Settlement of Land
Cases ;34
b. Not finding an agreement from the
Land office to direct the settlement
to Litigation (Court), regulated in
Article 44 number (7) Regulation of
the Minister of Agrarian Affairs and
Spatial Planning/Head of the
National Land Agency of the
33
Pasal 44 ayat 8 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan
34
Pasal 44 ayat 5, ayat 6 dan ayat 9 Peraturan
Menteri Agraria dan Tata Ruang/Kepala Badan
Pertanahan Nasional Nomor 21 Tahun 2020
tentang Penanganan dan Penyelesaian Kasus
Pertanahan.
 Republic of Indonesia Number 21 of
2020 concerning Handling and
Settlement of Land Cases.35
From the stages of mediation that
occurred at the Jayapura City Land Office in
the settlement of land disputes, of course
there are inhibiting factors and supporting
factors in dispute resolution, namely
mediation. In an effort to mediate land
dispute resolution at the Jayapura City Land
Office, the author reveals that there are
inhibiting factors that occur at the Jayapura
City Land Office, including:36
Inhibiting Factors For The
Mediation Of The Jayapura City Land
Office
The absence of one of the parties or
does not fulfill the invitation to call for
mediation 3 (three) times, the mediation is
declared failed. This is in line with the
explanation of Article 44 paragraph (3) of
the Regulation of the Minister of Agrarian
and Spatial Planning/Head of the National
Land Agency Number 21 of 2020
concerning Handling and Settlement of
Land Cases which states that. "In this case
the parties who have been properly invited 3
(three) times but are not present, the
mediation is declared failed".
1. The author suggests that there
are 2 (two) reasons for the
absence of one of the parties
that occurred at the Jayapura
City land office; First,
absenteeism is usually carried
out by the respondent
because the party feels that
the object of the land dispute
35
Pasal 44 ayat 7 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
36
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
is his land because he has
ownership documents so
that37 the respondent does not
feel the need to attend the
mediation. second, the
absence of the respondent is
usually due to illness or the
mediation schedule usually
conflicts with other interests.
2. Not the Principal who is
present, in the sense of
people who really have an
interest in attending. This is
not in line with the principle
of mediation as regulated in
Article 44 paragraph (1) of
the Regulation of the
Minister of Agrarian Affairs
and Spatial Planning/Head of
the National Land Agency
Number 21 of 2020
concerning Handling and
Settlement of Land Cases. In
principle38, mediation must
be attended by the
parties/principals.
However, in practice at the Jayapura
City Land Office, the author found the fact
that the mediation process was often
represented by a lawyer or brought a family
group that caused chaos and commotion
where mediation did not run properly and
this did not apply the principle of mediation.
3. Lack of human resources
(hereinafter referred to as
HR) in the sub-section of the
control and dispute handling
section at the Jayapura Land
Office which consists of 3
37
Pasal 44 ayat 3 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
38
Pasal 44 ayat 1 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
 (three) employees/staff and 1
(one) as Head of the control
and dispute handling section,
so that this becomes a One of
the inhibiting factors for
conducting mediation is due
to the large number of
complaints requesting
mediation that are entered in
the control and dispute
handling section but with the
lack of human resources in
the control and dispute
handling section so that
mediation requests are
postponed or have not been
implemented.39
4. Difficult to find the location
of the disputing parties
usually occurs on the
respondent's side, because
sometimes the mediation
request letter does not include
a clear address from the
applicant, the address given
usually has moved house and
or one of the parties involved
in the object of the dispute or
a witness from one of the
parties to the dispute has
died. So this is what makes
the Jayapura City Land
Office have difficulty finding
or delivering an invitation
letter for a mediation call.40
5. The parties each claim that
the ownership rights to the
39
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
40
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
object of the dispute are their
own, where the ownership
rights to the land referred to
are in accordance with Article
9 paragraph (1) letter b of the
Regulation of the Minister of
Agrarian Affairs and Spatial
Planning/Head of the
National Land Agency
Number 21 Year 2020
Concerning the Handling and
Settlement of Land Cases
which states that:41 Juridical
data in the form of
documents on the subject of
the dispute, documents
regarding the basis of rights,
deed/letter of land
acquisition, documents
showing land status, land
history, court decisions
regarding the object of the
case, and data/documents
other administration that
shows the administrative
process for the issuance of
Legal Products on land that is
the object of the Case.
In the facts on the ground, the author
argues that at the Jayapura City Land Office,
what happened between the disputing parties
together had a customary release letter
issued by the ondoafi/village head which
was used as the basis for ownership rights
which would be followed up by the Jayapura
City Land Office. in terms of certificate
issuance. The explanation of Article 1865 of
the Civil Code (hereinafter referred to as the
Civil Code) and says that Article 1865 of the
Civil Code:42 "Everyone who claims to have
41
Pasal 9 ayat 1 huruf b Peraturan Menteri
Agraria dan Tata Ruang/Kepala Badan
Pertanahan Nasional Nomor 21 Tahun 2020
tentang Penanganan dan Penyelesaian Kasus
Pertanahan
42
Pasal 1865 Kitab Undang-undang Hukum
Perdata.
a right, or appoints an event to confirm his
right or to refute a right of another person,
must prove the existence of that right or the
event that is stated.
According to the author, this is
because the parties have their own egos that
feel they have rights to the land object. Both
parties insisted on defending their respective
arguments which the parties could not agree
on, making it difficult for the Jayapura City
Land Office in the mediation process.
Supporting Factors Of The
Mediation Conducted At The Jayapura
City Land Office
Furthermore, the data on the factors
that inhibit the mediation of the Jayapura
City Land Office above were stated by the
author. So the author also describes the
supporting factors of the mediation carried
out at the Jayapura City Land Office,
including :43
a. First, the cooperative attitude of the
disputing parties at the Jayapura City
Land Office, this is in accordance
with Article 44 paragraph (1) of the
Regulation of the Minister of
Agrarian Affairs and Spatial
Planning/Head of the National Land
Agency Number 21 of 2020
concerning Handling and Settlement
of Land Cases.44 In principle,
mediation must be attended by the
parties/principals.
For this reason, the author states in the
sense that the parties must have a
cooperative attitude by showing a good
attitude of cooperation with the Jayapura
City Land Office, one of which is by
43
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
44
Pasal 44 ayat 1 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
attending an invitation or participating in
mediation, in good faith from the disputing
parties and not opposing an attitude of the
parties. in the mediation process.
b. Second, the Principals were present
so that the dispute resolution process
that had been running at the Jayapura
City defense office could run
smoothly, in accordance with Article
44 paragraph (1) of the Regulation of
the Minister of Agrarian and Spatial
Planning/Head of the National Land
Agency Number 21 of 2020
concerning Handling and Settlement
of Land Cases stated that45 in
principle mediation must be attended
by the parties/principals.
According to the author, in resolving
disputes through mediation that occurred at
the Jayapura City Land Office, it should be
attended directly by the parties/principals of
the dispute because the parties know more
precisely and in detail about the object of
land, the location of the land, the boundaries
of the land that are the problem and disputes
over the object. the land dispute.
c. Third, the agreement of the parties
which means that in the mediation
process there must be a bright spot
between the two parties in dispute,
this is in line with Article 44
paragraph (5) of the Regulation of
the Minister of Agrarian and Spatial
Planning/Head of the National Land
Agency Number 21 of 2020
concerning Handling and Settlement
of Land Cases states that:46 In the
event of mediation a peace
agreement is reached, it is stated in a
45
Pasal 44 ayat 1 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
46
Pasal 44 ayat 5 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan.
 peace deed and registered by the
parties in the district court of the
jurisdiction where the land is the
object of the case to obtain a peace
decision.
In essence, the purpose of mediation is
to obtain a way out of disputes/disputes
from the parties, according to the authors,
mediation conducted at the Jayapura City
Land Office is in line as it should be.
d. Fourth, complete evidence or
documents from the land owner can
be authentic evidence and can
strengthen and facilitate the process
of mediation. In line with Article 7 of
the Regulation of the Minister of
Agrarian Affairs and Spatial
Planning/Head of the National Land
Agency Number 21 of 2020
concerning Handling and Settlement
of Land Cases states that:47
1) Case study as referred to in Article 6
paragraph (1) letter a is conducted to
facilitate understanding of the case
being handled.
2) The Case Study as referred to in
paragraph (1) shall be set forth in the
form of a staff review which
contains:
a. Title;
b. Main issues that describe the subject
of the dispute, the complainants'
objections or demands, the location,
extent and status of the object of the
Case; c. Case history;
c. Available data or documents;
d. Case Classification; and
e. Other things that are considered
important.
3) The results of the case study as
referred to in paragraph (2) serve as
the basis for carrying out the initial
47
Pasal 7 Peraturan Menteri Agraria dan Tata
Ruang/Kepala Badan Pertanahan Nasional
Nomor 21 Tahun 2020 tentang Penanganan dan
Penyelesaian Kasus Pertanahan
Case Title.
The author reveals that in the
explanation of the article above which states
the suitability of documents and evidence of
the object of the land dispute, it is very
important in resolving disputes by means of
mediation at the Jayapura City Land Office
which is used to provide actual facts to
ensure legal certainty for the disputing
parties.
e. Fifth, experience and knowledge as
well as broad insight must be
possessed by mediators in disputes
so that they can facilitate the process
of mediation, regulated in Article 1
paragraph (8) of the regulation of the
Minister of Agrarian Affairs and
Spatial Planning/Head of the
National Land Agency Number 11 of
2016 which states that:48 which
assists the parties in the negotiation
process to seek various possible
resolutions of disputes or conflicts
without resorting to breaking or
imposing a settlement.”
Over time, the article above has been
revoked, but the fact that the author found at
the Jayapura City Land Office was that the
mediator received training and education in
collaboration with Gadjah Mada university
which was accredited by the Supreme Court
of the Republic of Indonesia to produce
competent land mediators in accordance
with the chairman's decision. Supreme Court
(hereinafter referred to as MA) Number:
068/KMA/SK/V/2008 Juncto Number
15/KMA/SK/1/2019.49
f. Sixth, there is no intervention from
48
Pasal 1 ayat 8 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Nomor 11 Tahun 2016 Tentang Penyelesaian
Kasus Pertanahan.
49
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
 other parties, meaning that in
resolving land disputes through
mediation there is no pressure from
any party so that the third party must
be the Jayapura City Land Office
which is the mediator whose job is to
mediate between the parties in
dispute.
The Cause Of The Failure Of
Mediation That Occurred At The
Jayapura City Land Office
After describing the stages of
mediation as well as the inhibiting and
supporting factors in mediating land dispute
resolution efforts at the Jayapura City Land
Office, the author also revealed that there
were several reasons for the failure of
mediation that occurred at the Jayapura City
Land Office, including:50
1. First, the Parties have no
agreement/meeting point on the
disputed issue;
2. Second, communication between the
related parties is not in line because
they still hold their respective
positions which consider the object
of the land dispute to be theirs;
3. Third, that the parties feel that the
documents (letters of customary
release or letters of measurement or
certificates) they have are strong
documents for ownership of the land
so that none of the parties wants to
give in to other parties.
4. Fourth, the disputing parties
sometimes have very high egos so
they do not want to attend the
mediation held by the Jayapura City
Land Office because they consider
themselves to be the right parties so
that the party chooses to be
50
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
represented, for example by the
family.
Based on the description above, the
authors add input that the public tends not to
have awareness of the provisions of national
law as the legal basis for the authority of the
Jayapura City Land Office itself. Thus, it has
implications for the success of the State, in
this case the National Land Agency failed to
resolve cases of land disputes in Jayapura
City. In addition, the author also considers
that people tend to see figures as subjects in
resolving land disputes. As a result, when
the Jayapura City Land Office makes efforts
to resolve disputes, the parties who are well
aware of the problem do not want to attend
directly, they tend to ask other parties to be
represented in which the parties do not
understand the position of the land dispute
case.
The Cause Of The Successful
Mediation That Took Place At The
Jayapura City Land Office
Associated with the cause of the
failure of mediation, in an effort to mediate
land dispute resolution in Jayapura City, the
author also reveals the causes of successful
mediation that occurred at the Jayapura City
Land Office, among others:51
a. First, the Parties accept each other's
input, solutions and suggestions
between one party and another,
meaning that the parties accept the
agreement proposed by the other
party without harming both parties.
b. Second, the Parties see that the
solution or offer submitted by the
mediator is not detrimental but
benefits the parties for the object of
the dispute.
c. Third, the parties see that the offer or
51
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
 solution provided by the mediator is
to prevent greater losses.
After describing the causes of the
success of mediation, in an effort to mediate
land dispute resolution at the Jayapura City
Land Office, the author also explains the
Mediating Output of the Jayapura City Land
Office that the number of incoming cases
dominates unsuccessfully rather than
successful. At the Jayapura City land office,
from reports on the handling of mediation
requests at the Jayapura City Land office for
2 (two) years 2020 and 2021 the success rate
of mediation to reach an agreement in
resolving disputes at the Jayapura City Land
office is still low as for the details:
1. In 2020 the success rate mediated by
the Jayapura City Land Office did
not find any cases that were
successfully mediated or no
agreement was found between the
parties from 10 (ten) mediation
cases;
2. In 2021 the level of success mediated
by the Jayapura City Land Office
was 3 (three) cases that were
successfully mediated or found an
agreement to reconcile between the
parties from 15 (fifteen) mediation
cases.
Seeing this problem, of course, has a
cause as a factor constraining the failure of
the mediation. Furthermore, for the
successful mediation, 4 (four) copies of the
minutes will be made, namely:52
1. 1 (one) duplicate applicant,
2. Respondent in 1 (one) copy, and
3. Jayapura City Land Office in 2 (two)
copies
According to the author, the above is
in accordance with the mandate of Article 44
52
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
paragraph (8) of the Regulation of the
Minister of Agrarian Affairs and Spatial
Planning/Head of the National Land Agency
of the Republic of Indonesia Number 21 of
2020 concerning Handling and Settlement of
Land Cases stating that:53 "The results of the
mediation are stated in the minutes of
mediation implementation containing the
agreement and follow-up to the mediation
signed by the official/head of the settlement
team/mediator”.
After the publication of the minutes of
the successful mediation, a Deed of Peace
Agreement was made in 4 (four) copies,
including:54
1. 1 (one) duplicate applicant,
2. Respondent in 1 (one) copy, and
3. Jayapura City Land Office in 2 (two)
copies.
According to the author, the peace
deed was registered with the Jayapura City
District Court by the parties concerned, this
is based on Article 44 paragraph (5) of the
Regulation of the Minister of Agrarian
Affairs and Spatial Planning/Head of the
National Land Agency of the Republic of
Indonesia Number 21 of 2020 concerning
Handling and Settlement of Land Cases
states that:55 "In the event that mediation is
reached, a peace agreement is stated in a
peace deed and registered by the parties in
the district court of the land legal area which
is the object of the case to obtain a peace
53
Pasal 44 ayat 8 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Republik Indonesia Nomor 21 Tahun 2020
Tentang Penanganan dan Penyelesaian Kasus
Pertanahan.
54
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
55
Pasal 44 ayat 5 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Republik Indonesia Nomor 21 Tahun 2020
Tentang Penanganan dan Penyelesaian Kasus
Pertanahan.
decision".
Meanwhile, for mediation that was not
successful, 4 (four) copies were also made,
including:56
1. 1 (one) duplicate applicant,
2. Respondent in 1 (one) copy, and
3. Jayapura City Land Office in 2 (two)
copies.
It's just that according to the author, if
the mediation is not successful, then the
mediator will direct it to the Jayapura City
District Court for litigation (court) dispute
resolution, this is in line with the mandate of
Article 44 paragraph (7) of the Regulation of
the Minister of Agrarian Affairs and Spatial
Planning/Head of the National Land Agency.
The Republic of Indonesia Number 21 of
2020 concerning Handling and Settlement of
Land Cases states that:57 "In the event that
mediation does not result in an agreement
and/or fails, then the ministry, regional
office, land office in accordance with their
authority make decisions on case
settlement."
In order to develop the National Land
Law, Customary Law is the main source for
obtaining the materials, in the form of
conceptions, principles and legal
institutions, to be formulated into written
legal norms, which are compiled according
to the Customary Law system. The new land
law which is formed by using materials from
customary law, in the form of legal norms as
outlined in statutory regulations as written
law, is a written positive National Land
56
Wawancara dengan Ferdi Alifisnura, selaku
Kepala Seksi Pengendalian dan Penanganan
Sengketa Kantor Pertanahan Kota Jayapura,
Tanggal 4 April 2022 Di Kantor Pertanahan Kota
Jayapura.
57
Pasal 44 ayat 7 Peraturan Menteri Agraria dan
Tata Ruang/Kepala Badan Pertanahan Nasional
Republik Indonesia Nomor 21 Tahun 2020
Tentang Penanganan dan Penyelesaian Kasus
Pertanahan.
law.58
Based on the description above, the
authors found in fact-finding in the field that
there were no juridical problems in resolving
dispute cases at the Land Office in Jayapura
City. However, the problem is that the
effectiveness of a regulation which basically
requires the realization of success in
resolving land disputes in Jayapura City has
not materialized as expected. This of course
is more directed to the non-juridical aspect.
Conclusion
From the results of the discussion that
has been described previously in the Thesis
entitled Settlement of Land Disputes
Through Mediation by the Jayapura City
Land Office, the authors can draw the
conclusion that the constraints faced in the
land dispute mediation process at the
Jayapura City land office were not legally
found to be obstacles in its implementation,
but legally In non-juridical terms, it was
found that several obstacles faced in the
mediation process at the Jayapura City land
office, including the absence of one party or
not fulfilling the call for mediation, not the
principal who was present, lack of human
resources in the control and dispute handling
section, difficult to find the addresses of the
parties. especially the respondent, the parties
each claim that they have ownership rights.
In the dispute resolution process using the
legal provisions governing land dispute
resolution through mediation at the Jayapura
City Land office, it is carried out based on
the Regulation of the Minister of Agrarian
Affairs and Spatial Planning/Head of the
National Land Agency Number 21 of 2020
concerning Handling and Settlement of
Land Cases.
58
A. Suriyaman Mustari Pide and Sri Susyanti
Nur, 2009, Dasar-dasar Hukum adat, Jakarta,
Pelita Pustaka, Hal.124.
Suggestion
Based on the conclusion, the writer
proposes the following suggestions. It is
necessary to have awareness of the disputing
parties to attend to the mediation invitation
so that the mediation process runs smoothly,
the presence of the principal in the
mediation process is very necessary in the
dispute resolution process so as not to cause
commotion and chaos that occurs in the
mediation process, adding workers in the
control section and dispute handling, in
order to speed up the dispute resolution
process between the parties and the
applicant's accuracy in sending mediation
letters to the control and dispute handling
section so that they carefully include a clear
address and mobile phone number so that
the dispute resolution process runs smoothly.
Reference
A. Suriyaman Mustari Pide & Sri Susyanti
Nur. 2009. Dasar-Dasar Hukum Adat.
Makassar, Pelita Pustaka.
Berhard Limbong, 2012, Konflik
Pertanahan, Jakarta: Margareta
Pustaka.
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