[
ABSTRAKPenelitian ini membahas mengenai penyelesaian sengketa tanah melalui
mediasi oleh Badan Pertanahan Nasional (BPN). Jenis penelitian yang digunakan
penulis dalam karya ini adalah penelitian yuridis normatif dengan sifat penelitian
eksplanatoris, sedangkan berdasarkan tujuannya, tipe penelitian ini termasuk
penelitian evaluatif analitis. Berdasarkan analisis yang telah dilakukan penulis,
dapat diperoleh kesimpulan bahwa sengketa tanah yang terletak di Desa
Pedawang, Kecamatan Bae, Kabupaten Kudus disebabkan oleh salah satu ahli
waris menguasai dan berusaha untuk mengalihkan hak atas tanah tersebut,
sedangkan ahli waris yang dirugikan mengajukan penangguhan proses peralihan
hak dan meminta bantuan Kantor Pertanahan Kabupaten Kudus untuk
menyelesaikannya. Kantor Pertanahan Kabupaten Kudus memfasilitasi dan
menyelesaikan sengketa tersebut, dalam hal ini Kantor Pertanahan Kabupaten
Kudus menjalankan kewenangannya selaku mediator autoritatif. Penyelesaian
dilakukan sehingga menghasilkan suatu kesepakatan oleh kedua belah pihak yang
dituangkan dalam perjanjian perdamaian yang dibuat dihadapan notaris.
Kesepakatan perdamaian yang dikukuhkan dalam bentuk perjanjian perdamaian
tidak memiliki kekuatan eksekutorial, perjanjian itu berlaku sebagai undangundang
bagi yang membuatnya dan harus dilaksanakan dengan itikad baik. Hasil
penelitan menyarankan bahwa perlunya pemerintah merevisi peraturan
perundang-undangan yang ada dan mensahkan peraturan mediasi sebagai
alternatif penyelesaian sengketa pertanahan.
ABSTRACTThis study discusses the resolution of land disputes through mediation
conducted by the National Land Agency (BPN). The methodology used in the
research is normative-juridical as well as explanatory. Based on its purpose, this
research is classified as analytical-evaluative research. Based on the analysis that
had been conducted by the author, it can be concluded that the dispute over land
located in Pedawang Village, Bae Subdistrict, Kudus District occurred because
one of the heirs controlled and attempted to transfer the title to the land, while the
remaining heirs filed a suspension of the transfer of the title to the land and
submitted the dispute to the Office of Land Affairs of Kudus District to resolve
the case. The Office of Land Affairs of Kudus District mediated the parties and
managed to resolve the dispute. In this case the Office of Land Affairs of Kudus
District exercised its authority as an authoritative mediator. Through the
mediation, the disputing parties managed to reach an agreement later contained in
a settlement agreement which was drawn up before a notary. An agreement which
is drawn up in the form of a settlement cannot be enforced by external parties,
since it ontly binds the parties to that settlement agreement who must perform the
content of the agreement in good faith. The result of this research suggests that it
is important that the government revise the existing laws and regulations and
enact a regulation on mediation as an alternative dispute resolution in land
disputes.;This study discusses the resolution of land disputes through mediation
conducted by the National Land Agency (BPN). The methodology used in the
research is normative-juridical as well as explanatory. Based on its purpose, this
research is classified as analytical-evaluative research. Based on the analysis that
had been conducted by the author, it can be concluded that the dispute over land
located in Pedawang Village, Bae Subdistrict, Kudus District occurred because
one of the heirs controlled and attempted to transfer the title to the land, while the
remaining heirs filed a suspension of the transfer of the title to the land and
submitted the dispute to the Office of Land Affairs of Kudus District to resolve
the case. The Office of Land Affairs of Kudus District mediated the parties and
managed to resolve the dispute. In this case the Office of Land Affairs of Kudus
District exercised its authority as an authoritative mediator. Through the
mediation, the disputing parties managed to reach an agreement later contained in
a settlement agreement which was drawn up before a notary. An agreement which
is drawn up in the form of a settlement cannot be enforced by external parties,
since it ontly binds the parties to that settlement agreement who must perform the
content of the agreement in good faith. The result of this research suggests that it
is important that the government revise the existing laws and regulations and
enact a regulation on mediation as an alternative dispute resolution in land
disputes., This study discusses the resolution of land disputes through mediation
conducted by the National Land Agency (BPN). The methodology used in the
research is normative-juridical as well as explanatory. Based on its purpose, this
research is classified as analytical-evaluative research. Based on the analysis that
had been conducted by the author, it can be concluded that the dispute over land
located in Pedawang Village, Bae Subdistrict, Kudus District occurred because
one of the heirs controlled and attempted to transfer the title to the land, while the
remaining heirs filed a suspension of the transfer of the title to the land and
submitted the dispute to the Office of Land Affairs of Kudus District to resolve
the case. The Office of Land Affairs of Kudus District mediated the parties and
managed to resolve the dispute. In this case the Office of Land Affairs of Kudus
District exercised its authority as an authoritative mediator. Through the
mediation, the disputing parties managed to reach an agreement later contained in
a settlement agreement which was drawn up before a notary. An agreement which
is drawn up in the form of a settlement cannot be enforced by external parties,
since it ontly binds the parties to that settlement agreement who must perform the
content of the agreement in good faith. The result of this research suggests that it
is important that the government revise the existing laws and regulations and
enact a regulation on mediation as an alternative dispute resolution in land
disputes.]