MEDIASI DALAM PENYELESAIAN SENGKETA TANAH ULAYAT OLEH NINIK-MAMAK DESA PULAU JAMBU KECAMATAN KUOK KABUPATEN KAMPAR PROVINSI RIAU
Abstract: The number of tanah
ulayat disputes in Kampar Regency specially in the Pulau Jambu village.
Sub-district Kuok has brought negative impact to the community. Settlement
efforts under taken by Ninik-Mamak as tribal elders in governing customary land
has been through mediation with the parties, with the involvement of other
tribal Ninik-Mamak, empat jini (Tuo Kampuong, Dubalang, Malin and scholars),
the Village Head, religious leaders and children's nephew. In the mediation
course there are communication processes, techniques and strategies given by a
mediator (ninik-Mamak) in order to achieve mediation. This study aims to
determine how the mediation process conducted by Ninik-Mamak in dispute
resolution tanah ulayat in the District of Kampar sub-district Kuok and
investigate the factors that influence the process of dispute resolution
mediation tanah ulayat by ninik-Mamak.
This study uses qualitative descriptive approach, the data collected with
observation, interview and documentation. The data have been acquired and
processed to be reduced and presented in order to obtain a general conclusion.
This research was conducted in the Pulau Jambu village, district Kampar,
Sub-district Kuok. With the object of research is mediation in the settlement
of tanah ulayat disputes by ninik-Mamak in the Pulau Jambu village, district
Kampar, Sub-district Kuok. Subjects in this study amounted to10 people based on
purposive method. As for the validity of the data examine researchers using
participatory extension techniques and triangulation.
The results showed that the mediation process conducted by Ninik-Mamak
using the facilitation model. Before the mediation process, Ninik-Mamak in
resolving disputes of tanah ulayat begins with the steps that must be done that
is a complaint, the calling party to the dispute, calling witnesses, reviewing
or identifying interests. While the mediation process is the opening by a
mediator, finding common ground, identify options of the parties, the
determination of which option is selected, and the deal. In addition, factors
that used effects the mediation process there are two other factors that
influence the success of mediation is the motivation and competence of
mediators while the factors that influence the success of mediation is not a
lack of understanding of customary law, lack of government support and the
absence of a witness history.
Penulis: Annisa Sundari
Ningsih, Nurjanah
Kode Jurnal: jpkomunikasidd140303
