The Urgency of Mediation as a Mechanism for Resolving Agrarian Disputes within the Framework of the Legal Regulation System in Indonesia

Agrarian disputes in Indonesia are complex issues and often cause prolonged conflicts between various parties, including the community, government, and private sector. To find a fair, fast, and sustainable solution, mediation as a form of alternative dispute resolution (APS) is a strategic choice that is in line with the principles of efficiency and active participation of the parties. This paper discusses the urgency of mediation as a mechanism for resolving agrarian disputes within the framework of the regulatory system in Indonesia by highlighting how existing legal regulations provide a basis, space, and limitations for agrarian mediation. In addition, the challenges of implementing mediation in practice and its relevance in creating substantive justice for the disputing parties are analyzed. This study aims to provide a comprehensive understanding of the existence of mediation in resolving agrarian disputes and to encourage the strengthening of regulations and institutional capacity that support it.

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Publication Details

Journal
Greenation International Journal of Law and Social Sciences
Published
2025-06-17
DOI
https://doi.org/10.38035/gijlss.v3i2.420
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Urgency of Mediation as a Mechanism for Resolving Agrarian Disputes within the Framework of the Legal Regulation System in Indonesia

Megawati Barthos, Muhenri Sihotang
Greenation International Journal of Law and Social Sciences
Indonesian Legal and Regulatory Studies
article

The Urgency of Mediation as a Mechanism for Resolving Agrarian Disputes within the Framework of the Legal Regulation System in Indonesia

Megawati Barthos, Muhenri Sihotang
article en

Abstract

Agrarian disputes in Indonesia are complex issues and often cause prolonged conflicts between various parties, including the community, government, and private sector. To find a fair, fast, and sustainable solution, mediation as a form of alternative dispute resolution (APS) is a strategic choice that is in line with the principles of efficiency and active participation of the parties. This paper discusses the urgency of mediation as a mechanism for resolving agrarian disputes within the framework of the regulatory system in Indonesia by highlighting how existing legal regulations provide a basis, space, and limitations for agrarian mediation. In addition, the challenges of implementing mediation in practice and its relevance in creating substantive justice for the disputing parties are analyzed. This study aims to provide a comprehensive understanding of the existence of mediation in resolving agrarian disputes and to encourage the strengthening of regulations and institutional capacity that support it.

Greenation International Journal of Law and Social SciencesVol. 3(2)
Universitas Borobudur (ID)
Openalex Percentile: Top 79%
Indonesian Legal and Regulatory Studies
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