“Mediation in the local land office is a way of dispute resolution that can be done before deciding to bring the existing problems to the court.”
Settlement of the cases related to civil disputes, is generally pursued through the courts. The process is certainly time-consuming and costly. Actually, there is another settlement path which is not much known to the public, namely mediation at the local land registry office.
In practice, Initially, the mediation was often used as an option to resolve disputes in the land sector. In the following examples, we submit two (2) cases which were successfully resolved through mediation led by mediators from the local land registry office, i.e.:
The first case is a dispute over control of the estate between Nasiroh and Abdul Wachid regarding the disputed land in the form of plots of land located in the village of Pedawang, District Bae, Kudus. A peace agreement was signed on September 6, 2006.
The second case is a dispute regarding the application for splitting the Freehold Title (SHM) No. 34 / Ramanuju, Village Citangkil, District Citangkil, Kota Cilegon, on behalf of the heirs. The problem is splitting the certificate cannot be done because the land has been partially occupied by others. In fact, another certificate on the land has been issued. Finally, these problems could be solved with the signing of the Agreement on a Dispute Settlement on July 12, 2007.
National Land Agency (BPN) has issued Decree of the Head of National Land Agency No. 11 of 2009 on Policy and Strategic Head of BPN RI Addressing and Resolving Disputes, Conflict and Land Case in 2009, based on the Decision of the National Land Agency No. 34 of 2007 on Technical Guidelines (Technical Guidelines) Handling and Resolution of Land Issues.
There are 10 (ten) technical instructions in the decision of the Head of BPN, which specifically regulate the handling of issues in the land sector.
One of the technical instructions regarding the implementation mechanism of Mediation enclosed in the Technical Instructions No. 5 / JUKNIS / DV / 2007 on the Implementation Mechanism of Mediation was published on May 31, 2007. This regulation becomes a way out for people who have problems in the land sector. So, the existing problems can be resolved in a way that is effective and efficient.
In the mediation process led by the mediator, the parties will be asked to provide explanations accompanied with evidence of the existing problems. When the mediation is successful the concerning parties will draft a mutual agreement.
However, if the mediation efforts do not succeed in reaching an agreement, the concerning parties to the dispute will remain entitled to resolve through the courts.
Decisions or mediation agreements are binding so that it can be directly executed by the parties to the dispute. As the provisions of Article 1338 Book of the Law of Civil Law each agreement or agreements made laws apply as for the parties who made it.
BP Lawyers can help you
We can assist you in providing the best solution in the process of drafting the agreement in order to minimize the possibilities of disputes related to the agreement. You can contact us at bpl@smartlegal.id or +62821-1234-1235
Author :
Rahmi Triani, SH