Nusantara: Journal Law and Islamic Law
Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law

Optimizing Land Dispute Resolution Through Mediation: A Legal Analysis of Biau District, Buol Regency

Moh. Ifan Ridwansyah (State University of Gorontalo, Indonesia)
Nirwan Junus (State University of Gorontalo, Indonesia)
Sri Nanang Meiske Kamba (State University of Gorontalo, Indonesia)



Article Info

Publish Date
11 Jun 2026

Abstract

Alternative dispute resolution mechanisms in developing nations frequently experience structural dysfunctions within complex agrarian governance. This study examines the optimization of land dispute resolution through mediation in Biau District, Buol Regency. Employing a qualitative socio-legal approach, primary empirical data were gathered via purposive sampling across twenty-three key informants and analyzed rigorously using an interactive qualitative model. Grounded in Lawrence Friedman’s legal system theory, the findings reveal that mediation failures do not stem from statutory deficits, but rather from deep-seated structural pathologies, specifically uncertified local mediators, and cultural patron-client dynamics that systematically distort neutrality. Consequently, grassroots consensus frequently suffers from severe executive impotence. To resolve this procedural impasse, this article conceptualizes the Tripartite Alliance for Site Agrarian Resolution. This framework integrates local government, agrarian offices, and judicial courts via e-Court networks to transform informal settlements into legally binding settlement deeds (Acta van Dading), thereby guaranteeing absolute enforcement and sustainable agrarian justice.

Copyrights © 2026






Journal Info

Abbrev

nusantara

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nusantara: Journal of Law and Islamic Law is a peer-reviewed, open-access scholarly journal dedicated to the advancement of legal scholarship at the intersection of general law and Islamic jurisprudence. The journal aims to foster a rigorous intellectual dialogue between the unique legal traditions ...