WAQF CONFLICT RESOLUTION THROUGH MEDIATION (ISLAMIC AND BUGIS NORM PERSPECTIVE)
Muhammad Majdy Amiruddin, Yunus Shamad

IAIN PAREPARE

Abstract

Disputes are one of the things that can appear at any time in human life. The best method of legal disputes resolution is through the court. However, settlement of disputes in court is known to take a long time and is expensive. So that several alternatives appear, one of which is mediation. Land dispute resolution is an effort to resolve disputes between parties who feel their rights to the land have been harmed. One settlement of disputes outside the court is by means of "mediation". Mediation itself is part of Alternative Dispute Resolution (ADR), which in Indonesian is called Alternatif Penyelesaian Sengketa (APS). The purpose of this study is to identify the causes of disputes and to describe the dispute resolution process through non-litigation mediation in Islamic and Bugis Norm Perspective. The type of research that compilers use is field research, namely by obtaining data from interviews, observations, and related file searches. Furthermore, this research is supported by library research as a complement. The approach in this study is a juridical-empirical approach. The results of the study concluded that 1. The dispute that occurred was related to the status of the land that was built on top of the Madrasah DDI Labukkang. There are parties who want land status to be the property of the Madrasah, while others want the status of the land to belong to the Nurul Huda Labukkang Mosque. The cause of the dispute is based on two theories. The first theory is the Principle Negotiation Theory. In this theory, the cause of conflict is the difference in perceptions and desires related to ownership rights. The second theory is the theory of human needs. In this case, the madrasas need for land status is very urgent and this is not fulfilled because it is blocked by other parties. 2. This mediation is carried out by someone who has been agreed by both parties, namely the RT head in Labukkang neighborhood. The mediation process is carried out through 3 stages. First is pre-mediation. Mediation conducts the plans related to the preparation of mediation. Second is the implementation of mediation. The mediator presents the disputing parties, gives an opportunity to all parties to provide information and provides options. Third is implementation. The legal impact that must be agreed upon by both parties is a peace agreement and certainty regarding the status of the land. From the Islamic perspective, the mediation complies with the 12 basic principle in Islamic Mediation. From the Bugis Norms, it complies with the five norms called pangngadereng.

Keywords: Pangngadereng, Dispute, Waqf, Mediation

Topic: International Symposium on Social Sciences, Humanities, Education, and Religious Studies

Link: https://ifory.id/abstract-plain/GQBZh6u9ktwr

Web Format | Corresponding Author (Muhammad Majdy Amiruddin)