PENYELESAIAN SENGKETA MASYARAKAT MELALUI MAJELIS KRAMA DESA (STUDI DI KABUPATEN LOMBOK UTARA)

Wawan Afriadi, S.H, NIM.: 20203012051 (2022) PENYELESAIAN SENGKETA MASYARAKAT MELALUI MAJELIS KRAMA DESA (STUDI DI KABUPATEN LOMBOK UTARA). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Business activities cannot be separated from disputes or disagreements between the parties. Settlement of business disputes using alternative dispute resolution types of mediation is widely chosen, because it tends to be able to resolve disputes and can satisfy the parties to the dispute. In 2017, the Regional Government of North Lombok Regency, West Nusa Tenggara Province issued Regent Regulation Number 20 of 2017 concerning Guidelines for Majelis Krama Desa (Village Krama Assembly). One of its functions is to resolve business disputes by mediating the disputing parties. This study aims to find out three things, namely: First, how is the practice of community dispute resolution through the Majelis Krama Desa in North Lombok Regency; second, what are the factors that influence the resolution of community disputes through the Majelis Krama Desa in North Lombok Regency; and third, what is the urgency of resolving community disputes through the Majelis Krama Desa in North Lombok Regency. This type of research is field research with a socio-legal approach. The primary data is data obtained through observation, interviews and documentation. The secondary data is various literature that is relevant to this research. The results of this study show that of the 13 (thirteen) villages studied, it was found that there were 4 (four) Majelis Krama Desa that had mediated business disputes (Medana, Gangga, Kayangan and Loloan), with 3 (three) of them ending peacefully and 1 (one) cannot end peacefully. An alternative method of dispute resolution used by the Majelis Krama Desa in North Lombok Regency is mediation or known as as-shulh in Islam. The practice of resolving disputes through the Krama Desa Assembly in North Lombok Regency is in accordance with Islamic law and Supreme Court Regulation Number 1 of 2016. Factors such as legal substance, legal structure and legal culture influence dispute resolution through the Majelis Krama Desa. It is important to maintain the existence of the Majelis Krama Desa at the KLU, because it can foster harmony in the village community, maintain peace, resolve disputes at low cost and quickly, maintain local wisdom values, and be a forum for bringing together various legal systems (positive, religious and customary).

Item Type: Thesis (Masters)
Additional Information: Pembimbing: Dr. Gusnam Haris, S.Ag., M.Ag
Uncontrolled Keywords: Sengketa, Penyelesaian Sengketa, Mediasi
Subjects: Masalah Sosial
Konflik
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Muh Khabib, SIP.
Date Deposited: 20 Feb 2023 10:56
Last Modified: 20 Feb 2023 10:56
URI: http://digilib.uin-suka.ac.id/id/eprint/56444

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