PENYELESAIAN SENGKETA TANAH MELALUI MEDIASI HUKUM ADAT DI JORONG VII LUBUK HIJAU, NAGARI LANGUANG, KECAMATAN RAO UTARA, KABUPATEN PASAMAN

Abstract

Land disputes often occur due to weak evidence of ownership and inconsistencies in understanding between generations regarding inheritance, Minangkabau customary law is not much different from other customary laws, where people follow local rules. The formulation of the problem includes: 1) How is the role of customary institutions and the customary law mediation process implemented in resolving land disputes in Jorong Lubuk Hijau? 2) What are the obstacles in the mediation process, and what are the responses of both parties to the results of customary law mediation in resolving land disputes? The research method used is sociological juridical, with primary and secondary data sources. Data collection techniques are carried out through interviews and document studies, then analyzed qualitatively. The results of this study 1) The role of customary institutions and the customary law mediation process implemented in resolving land disputes in Jorong Lubuk Hijau show that customary institutions play an active role as mediators through the stages of customary deliberation, which prioritizes consensus based on customary proverbs. 2) Obstacles in the mediation process, the responses of both parties to the results of customary law mediation in resolving land disputes. The main obstacles in the mediation process include low customary awareness, disharmony between parties, and interference from outside parties. Nevertheless, customary mediation remains an effective mechanism and is accepted by the local community.