Penyelesaian Sengketa Waris Hak Atas Tanah Melalui Mediasi (Studi Kasus Hak Atas Tanah Waris di Desa Namosimpur Pancur Batu)

Abstract

Settlement of inheritance disputes often occurs and dispute rights disputes disputes, habits that occur in the community where in the division of inheritance is often a dispute because most in the community in the distribution of inheritance often occur injustice and discontent, causing a quarrel between siblings. Disputes and disputes concerning heirs and divisions should be done fairly so that the part received by the heirs in accordance with the prevailing provisions in the event of disputes and disputes can be resolved through mediation because mediation is a process of negotiation assisted by a mediator to obtain a peace agreement then mediation can Done through the judiciary and can also be done outside the court. So the issues discussed are how the dispute settlement mechanism through mediation and how the division of the rights of the inheritors of the inheritance dispute over the inherited land. The method used in this research is using descriptive method of analysis. Sources of data are derived from the literature of scientific papers and applicable legislation. The theory used is the theory of justice according to John Rawl. The location chosen as a place of research that is inherited land dispute didaerh Pancur Batu.The result of this research is concluded that the mechanism of dispute settlement done by the parties through mediation outside the judiciary based on mutual agreement especially in the division of the inheritance. In this case the division of the rights of the inheritors of the inheritance dispute over the inheritance land is done under the Civil Code in order to emphasize equality, equal position and rights between girls and boys and the exclusion of the customary caronies of the parties, because in customary caronies the man entitled to the land of the inheritance. So that the division of inheritance land is done equitably, effectively and full of deliberations so as to establish a harmonious kinship and the parties get their share