TANGGUNG JAWAB HUKUM KANTOR PERTANAHAN DALAM RANGKA MEDIASI SEBAGAI BENTUK PENYELESAIAN SENGKETA PERTANAHAN

Abstract

The National Land Agency (BPN), as the institution responsible for government affairs in the land sector, holds a primary mandate and a strategic role in resolving land disputes through mediation mechanisms, in accordance with the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning the Handling and Resolution of Land Cases. In conducting mediation, the National Land Agency acts as a neutral, professional, and objective mediator. The outcomes of mediation can provide legal certainty, serve as a basis for subsequent land administration actions, and foster orderliness in land affairs. The research addresses two key questions: the mediation procedures employed by Land Offices to resolve land disputes, and the legal liability of Land Offices in dispute resolution via mediation. This study utilizes Dean G. Pruitt’s theory of dispute resolution and Hans Kelsen’s theory of legal liability.The research method used in this study is a type of normative legal research, namely legal research with literature studies based on primary, secondary and tertiary legal sources. The research approaches used are the Legislation Approach, Conceptual Approach, Analytical Approach and Case Approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal materials. For the legal material analysis technique, it is carried out with grammatical interpretation, Systematic interpretation, Analogy Construction and legal refinement construction. The research concludes that the mediation procedure for land dispute resolution conducted by the Land Office begins with the filing of a complaint, followed by the formation of a dispute handling and resolution team (comprising case assessment, an initial review meeting, investigation, presentation of findings, coordination meetings, a final review meeting, and case resolution via mediation), and culminates in a record of agreement formalized in a settlement deed. Regarding legal liability, the Land Office cannot be held accountable or blamed (or subjected to criminalization) if an issued certificate is not proven to contain errors resulting from the negligence or intentional misconduct of the authorized official; however, if such misconduct is proven, the authorized official will face sanctions ranging from light to moderate or severe disciplinary penalties.