| dc.description.abstract | Resolving customary land disputes through mediation is a relevant approach in the context of Indonesian people who have a diversity of customs
and cultures. This article aims to analyze the
mediation mechanism as an alternative to resolving customary land disputes within the framework of Indonesian positivist law. This study uses
normative juridical methods and empirical
approaches with literature and literature studies. The results of the analysis show that mediation as part of the alternative dispute resolution (ADR) system has been regulated in various laws and regulations in Indonesia, including Supreme Court
Regulation No. 1 of 2016 concerning Mediation
procedures in Court. In the context of customary
land, mediation allows the integration of customary
law values with positive law, resulting in a more
accommodating and fair solution for the parties to
the dispute. However, the implementation of
mediation at the practical level often faces obstacles,
such as differences in the interpretation of
customary law and lack of understanding of
mediation by the parties. Therefore, it is necessary
to strengthen the capacity of mediators, clearer
recognition of customary law and the national legal
system, as well as harmonization between
customary law and positive law to increase the
effectiveness of resolving customary land disputes
through mediation | en_US |
