Mediation and the Function of Arbitration Institutions for the Settlement of Land Ownership Disputes As A Concept For Upholding the Principle of Justice as the Ultimum Remedium

DOI

10.2991/978-2-38476-356-6_24How to use a DOI?

Keywords

Mediation; Alternative Dispute Resolution; Arbitration

Abstract

The process of resolving land rights ownership cases by filing a lawsuit in public court through the District Court is carried out at stages in the civil trial. At the beginning of the trial process will go through stage by stage, namely: registering a lawsuit to the civil registry, then on the first day of trial the judge explains the parties to take mediation or settlement of the case by means of peace led by a mediator judge then the trial is carried out the mediation process, Furthermore, the judge / panel of judges notifies the appointed mediator to deliberate on the mediation schedule, and then based on the agreement or agreement of the Plaintiff and the Defendant to determine the day of mediation, the mediation process will be carried out first with the delivery / reading of the case resume from the Plaintiff or his attorney, then continued with the delivery / reading of the case resume from the Defendant and vice versa, to be asked for his opinion or what the parties want about the case. Based on the Mediator’s report that the mediation has reached a peace agreement, the Mediator then formulates in writing the agreement that has been reached and is signed by both parties to the case and the Mediator as a Mediator judge with the consent of the parties to strengthen / strengthen it in the form of a deed of peace. This is also regulated in PERMA Number 1 Year 2016 in Article 24 Chapter V. regarding the Stages of the Mediation Process. Dispute resolution over land ownership rights using Arbitration is based on: The Concept of Pactum De Compromittendo Agreement and the Concept of Deed of Compromise.

Copyright

© 2025 The Author(s)

Open Access

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TY  - CONF
AU  - Husnaini Husnaini
AU  - Andi Chandra
PY  - 2025
DA  - 2025/02/11
TI  - Mediation and the Function of Arbitration Institutions for the Settlement of Land Ownership Disputes As A Concept For Upholding the Principle of Justice as the Ultimum Remedium
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 206
EP  - 214
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_24
DO  - 10.2991/978-2-38476-356-6_24
ID  - Husnaini2025
ER  -