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All Journal LAWYER: Jurnal Hukum
Faishal Muhammad Fakruddin
Fakultas Hukum Universitas Palangka Raya

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Kedudukan Hukum Kesepakatan Mediasi Sengketa Pertanahan Oleh Kantor Pertanahan: Analisis Yuridis Normatif Terhadap Daya Ikat Dan Tindak Lanjut Administratif: The Legal Status of Land Dispute Mediation Agreements Facilitated by the Land Office: A Normative Juridical Analysis of Binding Force and Administrative Follow-up Faishal Muhammad Fakruddin
LAWYER: Jurnal Hukum Vol. 4 No. 1 (2026): LAWYER: Jurnal Hukum, Maret 2026
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v4i1.1789

Abstract

Land dispute mediation by the Land Office is positioned as a non-litigation settlement mechanism that combines negotiations between the parties with the support of land administration authority. The legal problem lies in the unclear distinction between the function of the Land Office as a facilitator, the binding force of peace agreements as civil agreements, and the administrative actions required to change, improve or cancel land legal products. This research aims to analyze the construction of mediation authority, the legal position of agreements, and the limits of administrative follow-up based on the Indonesian legal system. The research uses normative juridical methods with a statutory approach, conceptual approach and legal synchronization. Primary legal materials include the Basic Agrarian Law, the Arbitration and Alternative Dispute Resolution Law, the Government Administration Law, land registration regulations, the Supreme Court Regulations concerning Mediation Procedures in Court, and the Regulations of the Minister of ATR/Head of BPN concerning Handling and Settlement of Land Cases. The research results show that the Land Office's authority in mediation is facilitative-administrative and is not identical to the authority to adjudicate ownership disputes. A mediation agreement binds the parties as an agreement as long as it fulfills the legal requirements of the agreement, but the consequences for land administration do not arise automatically. Its implementation requires requests and decisions from authorized officials, examination of administrative or juridical defects, protection of third parties in good faith, and compliance with general principles of good governance. Strengthening regulations is needed through differentiating mediation results into civil agreements, data correction and cancellation of legal products, accompanied by measurable and testable follow-up procedures.