Juridical Analysis of Land Rights Dispute Settlement Procedure Through Mediation in Jayapura State Court

Abstract

Legal review through mediation at the Jayapura District Court is urgently needed by the disputing parties for alternative dispute resolution. The purpose of this article is to be able to understand land rights issues and the form of mediation as a settlement by the Court and to be able to understand the mediation process at the Jayapura District Court. The method in this research is normative and empirical law, normative law is an approach that refers to laws, literature, literature, written regulations or other secondary legal materials, while empirical law is to identify and conceptualize law as a real and functional social institution. The results of this research show that mediation is a form of resolving land rights disputes by general courts both internally and externally. The institution is based on Supreme Court Decision No. 2 of 2003, which was amended by MA Decision No. 01 of 2008 concerning Arbitration and Litigation to strengthen mediation in legal proceedings. While the mediation procedure at the Jayapura District Court is based on Supreme Court Regulation No. 1 of 2008 consisted of three stages, namely the pre-mediation stage, the mediation stage and the final mediation stage.