The Significance of Mediator Certificate for Village Heads in Dispute Resolution

Humans are social beings whose interactions often generate conflicts arising from differing interests. Dispute resolution may be pursued through litigation or non-litigation mechanisms, including mediation. This study examines village-level mediation conducted by Kepala Desa (village head), which is rooted in local wisdom and community practices, and mandated by Law Number 6 of 2014 concerning Villages, Article 26 paragraph (4), requiring Kepala Desa to resolve community disputes. The findings indicate that mediator certification is urgently needed to enhance the effectiveness of Kepala Desa in dispute resolution and to improve efficiency in terms of cost, time, and access to justice. Although mediation outcomes are binding and have evidentiary value for the parties, they do not possess Permanent legal force equivalent to a final court decision unless elevated to a peace deed (akta perdamaian).

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Publication Details

Journal
Fiat Justisia Jurnal Ilmu Hukum
Published
2026-02-04
DOI
https://doi.org/10.25041/fiatjustisia.v19no4.4610
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

The Significance of Mediator Certificate for Village Heads in Dispute Resolution

Syahrul Ibad, Marco Rizzi, Ummassahda Ummassahda, Ainun Najib
Fiat Justisia Jurnal Ilmu Hukum
Marriage and Family Dynamics
article

The Significance of Mediator Certificate for Village Heads in Dispute Resolution

Syahrul Ibad, Marco Rizzi, Ummassahda Ummassahda, Ainun Najib
article en

Abstract

Humans are social beings whose interactions often generate conflicts arising from differing interests. Dispute resolution may be pursued through litigation or non-litigation mechanisms, including mediation. This study examines village-level mediation conducted by Kepala Desa (village head), which is rooted in local wisdom and community practices, and mandated by Law Number 6 of 2014 concerning Villages, Article 26 paragraph (4), requiring Kepala Desa to resolve community disputes. The findings indicate that mediator certification is urgently needed to enhance the effectiveness of Kepala Desa in dispute resolution and to improve efficiency in terms of cost, time, and access to justice. Although mediation outcomes are binding and have evidentiary value for the parties, they do not possess Permanent legal force equivalent to a final court decision unless elevated to a peace deed (akta perdamaian).

Fiat Justisia Jurnal Ilmu HukumVol. 19(4)
The University of Western Australia (AU), Universitas Ibrahimy (ID), National University of Malaysia (MY)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
Marriage and Family Dynamics
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