The role of the village head as mediator in resolving land disputes

Abstract

This research was conducted in Oelnasi Village, Central Kupang District, Kupang Regency- Indonesia. In this area, there are still many customary lands belonging to customary law communities which often cause interest conflicts. The purpose of this study is to determine the role of the village head as a mediator in resolving land disputes. The results of the study found that the things that caused land disputes in Oelnasi Village, Kupang Tengah District, Kupang Regency were unclear land boundaries, unfair practices, loss of witnesses and historical actors, increasing economic value of land, maintaining social status, wrong understanding of customs, and lack of socialization. The role of the Village Head as a Mediator in resolving land disputes is as a peace judge in the trial and as a decision maker in which the parties are binding on the disputed decision. While the obstacles that often occur in resolving land disputes through the Oelnasi Village Head are internal factors caused by witnesses who do not want to be witnesses, unclear land boundaries and unclear land owners. External factors originating from third parties that emerged during the dispute deliberations have found a solution, the parties have also agreed, then there are other parties who raise objections so that new problems arise. The conclusion from the results of this study is that the role of the Village Head is very significant in resolving land disputes, because the Village Head is considered a judge of peace between communities in resolving land disputes.