REGLEMENTARY: JOURNAL OF LAW
Vol. 1 No. 1 (2026): Juli 2026

The legal Position of Mediation in The t of Inheritance Disputes From The Perspectives Of Positife Law and Cusromari

Nuri Taqwaniati (Sekolah Tinggi Ilmu Hukum Zainul hasan Genggong Probolinggo)
Mohammad Hendra (Sekolah Tinggi Ilmu Hukum Zainul Hasan)
Abdur Rohim (Sekolah Tinggi Ilmu Hukum Zainul Hasan)



Article Info

Publish Date
31 Jul 2026

Abstract

Inheritance land disputes are among the civil disputes that frequently give rise to legal problems because they involve land rights and family relationships among heirs. Mediation is one of the dispute resolution mechanisms recognized within the Indonesian legal system through Supreme Court Regulation Number 1 of 2016 and Law Number 30 of 1999. This study aims to analyze the role of mediation in resolving inheritance land disputes from the perspectives of positive law and customary law. The research employs a normative legal method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed qualitatively. The analysis indicates that mediation holds an important position as a mechanism for resolving inheritance land disputes because it is supported by a clear legal framework and is consistent with the principles of deliberation and consensus recognized in customary law. Mediation also serves as a means of harmonizing positive law and customary law in achieving dispute resolution that promotes justice, legal certainty, and family harmony. Therefore, mediation can function as an effective instrument for resolving inheritance land disputes when supported by adequate regulations, competent mediators, and recognition of the legal values that exist within society.

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Journal Info

Abbrev

reglementary

Publisher

Subject

Description

Focus & Scope Focus The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles with A legal study focused on regulation, governance, and the dynamics of legal application within pluralistic ...