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KEWENANGAN KANTOR PERTANAHAN DALAM MEDIASI KASUS SENGKETA TANAH DENGAN MEDIASI DI KOTA YOGYAKARTA (STUDI PERATURAN MENTERI ATR/BPN NOMOR 21 TAHUN 2020)
Land is a vital asset for the people of Yogyakarta City, possessing high economic, social, and cultural value. However, limited land availability often triggers complex land disputes. Although regulations for handling land cases have been updated through Ministerial Regulation of ATR/BPN Number 21 of 2020, field practice shows that the effectiveness of mediation still faces significant challenges, as evidenced by the low number of settlements achieved at the Yogyakarta City Land Office. The main problem of this study is the role of the Yogyakarta City Land Office in resolving land disputes through mediation based on this updated regulation, as well as the inhibiting factors and solutions implemented to overcome obstacles in the mediation process. This research is a descriptive field study using an empirical juridical approach to analyze the effectiveness of legal regulations in real-world practice. Primary data was obtained through direct interviews with staff from the Dispute Control and Handling Section at the Yogyakarta City Land Office, while secondary data was obtained from a literature review of relevant laws and regulations. Data analysis was conducted qualitatively using Satjipto Rahardjo's Legal Protection Theory framework to examine human rights protection, as well as Gustav Radbruch's Legal Certainty Theory, which emphasizes the values of justice, utility, and certainty within the legal system. The results indicate that the Yogyakarta City Land Office has exercised its authority as a neutral mediator and dialogue facilitator in accordance with the procedures of the Minister of ATR/BPN Regulation Number 21 of 2020. However, the results have not been optimal because its function is only facilitative, not executive. Of the 47 dispute complaints received between 2022 and 2025, only six cases resulted in amicable settlements through mediation. The main inhibiting factors include a lack of good faith on the part of the parties, a selfish desire to control land, limited public understanding of mediation, and limited mediator certification competency. Efforts undertaken by the Land Office include a persuasive approach, optimizing the Complete Systematic Land Registration (PTSL) program to ensure legal certainty, and improving the quality of human resources through negotiation techniques training.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KEWENANGAN KANTOR PERTANAHAN DALAM MEDIASI KASUS SENGKETA TANAH DENGAN MEDIASI DI KOTA YOGYAKARTA (STUDI PERATURAN MENTERI ATR/BPN NOMOR 21 TAHUN 2020) (Text)
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