The Law Liability of Non-Judicial Mediators in Land Right Disputes
Land disputes are one of the most common cases in Indonesia. It is due to the demand for land ownership rights. In this case, mediation is used to resolve the case. The non-judicial mediator is a neutral party who helps the parties fairly. This study examines the civil law liabilities of non-judicia...
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| Format: | Article |
| Language: | ces |
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Karolinum Press
2024-11-01
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| Series: | Acta Universitatis Carolinae. Iuridica |
| Online Access: | http://www.karolinum.cz/doi/10.14712/23366478.2024.166 |
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| author | Yahman |
| author_facet | Yahman |
| author_sort | Yahman |
| collection | DOAJ |
| description | Land disputes are one of the most common cases in Indonesia. It is due to the demand for land ownership rights. In this case, mediation is used to resolve the case. The non-judicial mediator is a neutral party who helps the parties fairly. This study examines the civil law liabilities of non-judicial mediators in land ownership disputes and the legal position of a non-judicial mediator on authentic peace deeds. This research applied a juridical-normative approach with a law and a conceptual approach. The results indicated that non-judicial mediators, in carrying out their primary duties, both in terms of rights and obligations, must be based on law and protected by law to optimally provide services to the community while having a clear legal position in the notary. To sum up, unifying the mediation arrangement in one statutory regulation and mediation in the realm is necessary, both in litigation and non-litigation. In addition, future research can investigate the effectiveness and implementation of mediation certification, secrecy, financing, and repetition of mediation in land dispute cases. Further exploration is needed to understand the impact of mediation on the autonomy of the parties involved in land ownership disputes. |
| format | Article |
| id | doaj-art-04e366f93ebb499380ff0d53609c60e2 |
| institution | OA Journals |
| issn | 0323-0619 2336-6478 |
| language | ces |
| publishDate | 2024-11-01 |
| publisher | Karolinum Press |
| record_format | Article |
| series | Acta Universitatis Carolinae. Iuridica |
| spelling | doaj-art-04e366f93ebb499380ff0d53609c60e22025-08-20T02:07:06ZcesKarolinum PressActa Universitatis Carolinae. Iuridica0323-06192336-64782024-11-0170416317610.14712/23366478.2024.166The Law Liability of Non-Judicial Mediators in Land Right DisputesYahmanhttps://orcid.org/0009-0003-7110-8684Land disputes are one of the most common cases in Indonesia. It is due to the demand for land ownership rights. In this case, mediation is used to resolve the case. The non-judicial mediator is a neutral party who helps the parties fairly. This study examines the civil law liabilities of non-judicial mediators in land ownership disputes and the legal position of a non-judicial mediator on authentic peace deeds. This research applied a juridical-normative approach with a law and a conceptual approach. The results indicated that non-judicial mediators, in carrying out their primary duties, both in terms of rights and obligations, must be based on law and protected by law to optimally provide services to the community while having a clear legal position in the notary. To sum up, unifying the mediation arrangement in one statutory regulation and mediation in the realm is necessary, both in litigation and non-litigation. In addition, future research can investigate the effectiveness and implementation of mediation certification, secrecy, financing, and repetition of mediation in land dispute cases. Further exploration is needed to understand the impact of mediation on the autonomy of the parties involved in land ownership disputes.http://www.karolinum.cz/doi/10.14712/23366478.2024.166 |
| spellingShingle | Yahman The Law Liability of Non-Judicial Mediators in Land Right Disputes Acta Universitatis Carolinae. Iuridica |
| title | The Law Liability of Non-Judicial Mediators in Land Right Disputes |
| title_full | The Law Liability of Non-Judicial Mediators in Land Right Disputes |
| title_fullStr | The Law Liability of Non-Judicial Mediators in Land Right Disputes |
| title_full_unstemmed | The Law Liability of Non-Judicial Mediators in Land Right Disputes |
| title_short | The Law Liability of Non-Judicial Mediators in Land Right Disputes |
| title_sort | law liability of non judicial mediators in land right disputes |
| url | http://www.karolinum.cz/doi/10.14712/23366478.2024.166 |
| work_keys_str_mv | AT yahman thelawliabilityofnonjudicialmediatorsinlandrightdisputes AT yahman lawliabilityofnonjudicialmediatorsinlandrightdisputes |