Research Article
Mediation as Alternative Disputes Resolution for Land Heritage of Madurese Society
@INPROCEEDINGS{10.4108/eai.10-9-2019.2289439, author={Uswatun Hasanah and Mohammad Amir Hamzah and Mufarrijul Ikhwan}, title={Mediation as Alternative Disputes Resolution for Land Heritage of Madurese Society}, proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICIDS}, year={2019}, month={11}, keywords={mediation alternative dispute resolution land heritage process madureses}, doi={10.4108/eai.10-9-2019.2289439} }- Uswatun Hasanah
Mohammad Amir Hamzah
Mufarrijul Ikhwan
Year: 2019
Mediation as Alternative Disputes Resolution for Land Heritage of Madurese Society
ICIDS
EAI
DOI: 10.4108/eai.10-9-2019.2289439
Abstract
Mediation is a negotiation process to settle disputes in which a third party, called as a mediator, acts neutrally, and impartially. Mediators are required to actively participate in the process of negotiation as they shoulder a crucial role at the beginning of the mediation process. The mediators should identify the cause of disputes and the right approach to address it. Law Number 30 the Year 1999 has arranged mediation inside the court, but it does not stipulate regulations of the mediation outside of court. Based on this condition, this study examines why inheritance cases are rarely filed to the court and who holds a vital role in resolving heritage disputes in Madura. The socio-legal method is used in this research by implementing a factual approach. In-depth interviews and observations were carried out as data collection techniques. The primary and secondary data are obtained then further analyzed by qualitative descriptive study. The results indicate that inheritance disputes are rarely taken to both district and religious courts because religious leaders called "keyae," who act as the mediators, play a significant role in settling inheritance disputes among the Madurese, including the disputes of land inheritance.