Penyelesaian Sengketa Waris Melalui Mediasi (Non Litigasi) (Studi Kasus)

Abstract

This research aims to understand the resolution of inheritance disputes in the Village of Gemuruh, Tungkal Ulu District, West Tanjung Jabung Regency through mediation. The research uses the phenomenological research method with a qualitative approach. The data collection techniques include interviews, observations, and documentation. The results of this study show that the process of resolving inheritance disputes in the Village of Gemuruh is assisted by the village head acting as a mediator, where community members visit the village head's house to seek assistance for the cases they are facing. The reason for this is because they believe that resolving the issue through the village head is faster, and they feel that it is better to settle it in the village before taking it to court. Community figures in the Village of Gemuruh play a crucial role in the resolution of inheritance disputes as mediators. They prevent the escalation of larger disputes, maintaining harmony and cohesion in communal living. The resolution of inheritance disputes through community figure mediators in the Village of Gemuruh does not have executive legal force, as it is not formalized with the creation of a peace agreement or a peace agreement letter, as stipulated in Article 27 of Supreme Court Regulation Number 1 of 2016 and Article 1851 of the Civil Code. Nevertheless, the decisions of community figures as mediators in resolving inheritance disputes are followed and implemented by the community of the Village of Gemuruh.