ADHAPER
Vol. 11 No. 01 (2025): Juni

THE EFFECTIVENESS OF MEDIATION IN RESOLVING LAND DISPUTES IN INDONESIA AND MALAYSIA: EFEKTIVITAS MEDIASI DALAM PENYELESAIAN SENGKETA PERTANAHAN DI INDONESIA DAN MALAYSIA

YOGA VERI SURYA WIJAYA (FACULTY OF LAW BRAWIJAYA UNIVERSITY)



Article Info

Publish Date
30 Jun 2025

Abstract

This study analyzes the effectiveness of mediation in resolving land disputes in Indonesia and Malaysia through a comparative approach. The scope of the study encompasses: (1) the mechanisms and legal basis of land dispute mediation in Indonesia; (2) the mechanisms and legal basis in Malaysia; and (3) the similarities, differences, and determinants of mediation success in both countries. Employing a normative-juridical method supported by secondary empirical data including institutional reports, case records, and official publications the analysis examines mediation stages, mediator roles, dispute scope, and the binding force of agreements. The findings indicate that mediation effectiveness is significantly influenced by institutional design, mediator competence, transparency of land data, certainty of rights status, and party compliance. Furthermore, this study presents a tabulation of success and failure rates over the past five years to observe resolution trends. Comparative findings confirm that procedural harmonization, enhanced mediation quality, and strengthened enforcement of agreements are pivotal for achieving expeditious, cost-effective, and equitable dispute resolution. This research serves as a strategic reference for policymakers and practitioners in strengthening mediation as an alternative dispute resolution mechanism in the region.

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Journal Info

Abbrev

ADHAPER

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

ADHAPER: Jurnal Hukum Acara Perdata focuses on publishing scientific articles based on research, conceptual studies, and critical analyses in the field of law, particularly Civil Procedure Law and Dispute Resolution. This journal aims to support the development of legal science and contribute to ...