PEMBUATAN AKTA PERJANJIAN DAMAI (DADING) MELALUI PROSES NEGOISASI DALAM PENYELESAIAN SENGKETA TANAH DI KOTA PADANG

• Main Authors: , Irene Svinarky, , Dr. Sutanto, SH. MH.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2012
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/99802/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=56106
• Institution: Universitas Gadjah Mada

GIST research on "the making of the Act of the Treaty of peace (dading) through negotiations in alternative dispute resolution of the dispute of land" aims to find out how the position of a peace agreement that created a notary in litigation settlement through negotiations, How the process of the inception of the Act of the Treaty of peace in the settlement of civil matters out of court in the presence of a notary, Are factors that become obstacles in the implementation of the peace agreement through negotiations This study discusses the Deed Making peace treaty (Dading) through an alternative process in the resolution of civil disputes. Deed of peace made before a notary has the force of law as the judge who already have permanent legal force. This type of research that the authors use the juridical law peneltian sociological or empirical research (socio-legal research) is a statute of this kind of research that is focused on a sociological perspective. This study used a qualitative approach. Based on this research concluded that the Act of Creation (dading) peace agreement through negotiations in alternative dispute resolution of land disputes by the parties to the dispute. It is derived from civil disputes between two parties. Then both sides are eager to resolve civil disputes through alternative dispute resolution outside the Court, one of them in the presence of a notary. When the peace treaty made by both sides before the notary, then the agreement represented to the Court of the peace agreement, which was confirmed by the courts can be relied upon implementation the same as the Court ruling, consisting of legal fixed or in kracht van gewijsde. The peace agreement out of Court who are not registered to the District Court, then the party not satisfied over the outcome of the peace agreement when it later arose an issue then the Treaty of peace, it can be sued to the Court by the parties who feel wronged. However, the peace agreements they have made previously used by the courts as a means of proof that the verdict of the Court in accordance with the contents of the Treaty of peace they have made. The party that wins the suit filed to the Court was able to report the results of the Court ruling to pay then sita interpreter to execute.