Land Dispute Resolution Through the Aceh Land Office and Customary Institutions in Pidie Regency, Aceh Province

Abstract

This study aims to determine the role of the Aceh Land Office and the Aceh Customary Institution in resolving land disputes and to determine the process, obstacles, and solutions to land dispute resolution by the Aceh Land Office and the Aceh Customary Institution in Pidie Regency, Aceh Province. The research method used in this thesis is empirical juridical. This research is descriptive analytical. The types of data used in this study are primary data which include the results of interviews with informants and secondary data in the form of primary legal materials, including: the 1945 Constitution; Law 11/2006; Law 5/1960; Civil Code; and other laws and regulations; secondary legal materials in the form of books and tertiary legal materials as supporting materials. Data collection using interview techniques and document studies or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results of the study show that: The Aceh Land Office and Customary Institutions in Pidie Regency, Aceh Province use the mediation method with each of its own characteristics. Obstacles that result in the unpopularity of land dispute resolution through the Aceh Land Office: low attendance of the parties and limited competence of the mediator. The solution to these obstacles is the massive socialization of alternative land dispute resolution through the Aceh Land Office to village officials at the sub-district level to the village level and minimizing technical obstacles related to the administration of inviting the disputing parties to attend the mediation process by optimizing electronic communication. Obstacles that arise in resolving land disputes through Customary Institutions: minimal attendance of the parties in the customary trial process and the competence and skills of members in customary institutions in managing emotions. The solution to these obstacles is to hold discussions to determine the day and time of the customary trial by involving the disputing parties and providing training in mediation competence and skills as well as emotional control to the organizers/customary court apparatus (customary institutions).