Mediation As An Effort To Resolve Disputes Over Uncertified Inherited Land From The Perspective Of Article 1851 Of The Indonesian Civil Code And Article 19 Of The Basic Agrarian Law

Abstract

Disputes over uncertified inherited land are a common legal issue in society. This problem arises due to the lack of legal certainty regarding land ownership status and the low level of public awareness in registering land as stipulated in Article 19 of Law Number 5 of 1960 concerning Basic Agrarian Principles. The unclear legal status of the land often leads to conflicts among heirs, particularly regarding the distribution of inheritance rights over the land. In such circumstances, mediation serves as an alternative dispute resolution mechanism that can facilitate a peaceful settlement and avoid litigation in court. This study aims to analyze the resolution of disputes over uncertified inherited land through mediation based on Article 1851 of the Civil Code, which regulates settlement agreements as a legal instrument to end disputes between parties. The research method used is normative legal research with statutory and conceptual approaches. The findings indicate that mediation is an effective mechanism for resolving inheritance disputes as it allows the parties to reach agreements through deliberation in a faster process and with relatively lower costs. Furthermore, agreements reached through mediation can serve as a basis for heirs to proceed with land registration, thereby providing legal certainty regarding the ownership status of the inherited land.