i-Latinnotary Journal: Internasional Journal of Latin Notary
Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022

THE EFFICACY OF WAQF LAND DISPUTE SETTLEMENT THROUGH NON-LITIGATION MEDIATION

Islamiyati Islamiyati (Universitas Prima Indonesia)
Rofah Setyowati (Unknown)
Dewi Hendrawati (Universitas Prima Indonesia)
Aisyah Ayu Musyawah (Universitas Prima Indonesia)
Ahmad Rofiq (Universitas Prima Indonesia)



Article Info

Publish Date
30 Mar 2022

Abstract

In Indonesia, rapid expansion of waqf land had great impact on the waqf dispute that had to be resolved. Waqf dispute might be settled through consensus and mediation. In fact, it showed that waqf dispute settlement through mediation was ineffective because it was not based on appropriate mediation principle. This study would find out and analyze the problems in waqf dispute settlement through mediation based on the perspective of the efficacy of law theory in Central Java. Sociolegal research with empirical juridical approach was used as the research method, primary and secondary data were the data needed, while the analysis was done qualitatively. The result of the study showed that, based on efficacy of law theory, waqf dispute settlement through mediation outside the court had been ineffective, because it had some problems in; legislation formal juridical, law enforcement institutional, media or facility on law enforcement human resources, society compliance on the law, and legal culture customary law in society. The efficacy of waqf dispute settlement through mediation outside the court was settled through an innovation on the field of regulation, institution, human reources, and legal culture, in order to get fair and thorough settlement on the waqf dispute in society.

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Journal Info

Abbrev

jurnal

Publisher

Subject

Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Articles and research reports are written by academicians, researchers, or students who are experts on its field like Social Work, Sociology, Law, Education, Public Administration, Business Administration, Communication, International relations, Management, Culture and Art, Anthropology, History, ...