Model Mediasi Kelurahan Sebagai Alternatif Penyelesaian Sengketa Tanah Dikelurahan

Abstract

Land disputes at the sub-district level are multidimensional problems involving legal, social, economic, and cultural aspects. In Banjar Agung Urban Village, Serang City, dispute resolution remains largely informal and is not adequately supported by standardized procedures, proper documentation, and effective institutional coordination. This study aims to formulate a contextual, standardized, and legally certain urban-village mediation model as an alternative mechanism for resolving land disputes. This study employed a qualitative method using a participatory action research approach through participatory observation, in-depth interviews, document audits, and focus group discussions with local stakeholders. The data were analyzed thematically to identify weaknesses in existing mechanisms and formulate an appropriate mediation model. The study developed a four-phase mediation model consisting of intake and verification, structured facilitation, formulation and legalization of agreements, and continuous monitoring and evaluation. The model integrates the principles of neutrality, confidentiality, voluntariness, and party autonomy with Bantenese local wisdom emphasizing deliberation, kinship, and restoration of social relations. A pilot implementation involving five dispute cases resulted in an 82% settlement rate, 78% compliance rate, and an increase in the public trust index from 40% to 85%. The findings demonstrate that standardized procedures, enhanced mediator competence, and mechanisms for legalizing agreements can improve the effectiveness and legal certainty of mediation at the urban-village level. The model has the potential to serve as the first tier of a multi-level justice ecosystem that is more accessible, participatory, and accountable and can be replicated in areas with similar land-dispute characteristics.