Reforming the Land Boundary Dispute Resolution Mechanism Based on Mediation for Legal Certainty and Social Sustainability
Abstract
Land boundary disputes between citizens in Indonesia often give rise to legal uncertainty, social conflict, and burden the courts. Settlement through litigation has proven ineffective due to its high costs, lengthy time, and failure to guarantee sustainable social relations. This study emphasizes reform of the mediation-based land boundary dispute resolution mechanism, using a restorative justice approach to achieve legal certainty while maintaining social harmony. The Supreme Court Regulation Number 1 of 2016 regarding Court Mediation Procedures and Law Number 5 of 1960 concerning Basic Agrarian Regulations (Articles 19 and 33), which prioritizes legal clarity and public welfare, serve as the legal foundation, which opens up space for peaceful resolution. Mediation is considered capable of producing fair and legally binding agreements, preventing conflict escalation, and restoring social relations between parties, in line with the objectives of the Basic Agrarian Law. Normative legal analysis and mediation practices in the field indicate that this approach is effective in reducing the burden of court cases, providing legal certainty, and maintaining social sustainability. In conclusion, mediation-based reform of land boundary dispute resolution mechanisms is an integrative legal strategy that harmonizes formal interests and social values ??and serves as a crucial instrument in developing responsive and equitable agrarian law.