How Do Villagers Solve Their Legal Problems? A Study of District Court (Peradilan Desa) for Dispute Settlement Process

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Rofi Wahanisa
Dwi Lestari
Malik Akbar Mulki Rahman
Fadhilah Rizky Aftriani Putri

Abstract

This study aims to provide another alternative in resolving conflicts in Lerep Village which is called the District Court (Peradilan Desa). The village court aims to help resolve conflict problems in Lerep Village so that there is no accumulation of cases in the surrounding District Courts. Village justice is carried out by familial mediation between the person in dispute with the head of the local hamlet and the village head. The decisions given are in the form of suggestions from the hamlet head and village head which are not binding. District justice (Peradilan Desa) is a win-win solution to the conflict in Lerep Village. However, the implementation of this District court still has shortcomings. One of them is the district court does not yet have a reference for regulations in its implementation. Another deficiency is the lack of knowledge in the legal field of the parties acting as intermediaries, such as the hamlet head and village head. The research method used in this research is legal research, legal research is often referred to as doctrinal or normative. Normative legal research examines principles, numbers, concepts, rules, laws and regulations, research decisions, agreements and doctrines that are placed by law as a norm system by examining library studies. The conclusion in this study is that specific regulatory references are needed to regulate the running of village courts. And there must be training to provide basic knowledge to the parties concerned.

Article Details

How to Cite
Wahanisa, R., Lestari, D., Rahman, M. A. M., & Putri, F. R. A. (2021). How Do Villagers Solve Their Legal Problems? A Study of District Court (Peradilan Desa) for Dispute Settlement Process. Indonesian Journal of Advocacy and Legal Services, 3(2), 233-244. https://doi.org/10.15294/ijals.v3i2.45843
Section
Research Article

References

Adi Susanti Nugroho (2019) Benefits of Mediation as an Alternative to Dispute Resolution, Jakarta: Kencana.

Arief, Barda Nawawie (2007) Aspects of Penal Mediation Policy in Out of Court Dispute Resolution. Semarang: National Seminar, Diponegoro University's Doctor of Law Program.

Asshiddiqie, Jimly (2007) Principles of Indonesian Constitutional Law, Post-Reformation. Jakarta: Buana Popular Science.

Asshiddiqie, Jimly (2015) Ideas of a Social Constitution, Jakarta: LP3ES Library.

Atmadja I Dewa Gede (2012) Constitutional Law, Malang: Equivalent Press.

Fiadjoe Albert (2014) Alternative Dispute Resolution: A Developing World Persprective, London: Cavendish Publishing Limited.

Marzuki, Peter Mahmud. (2009) Legal Research, Jakarta: Kencana Prenada Media Group.

Nainggolan, Samuel Dharma Putra (2018) Position of Village Head as Peace Judge, Ubelaj Journal Volume 3 Number I.

Nasution Bahder Johan (2014) History of the Development of Judicial Power in Indonesia, Innovative Journal Volume VII Number III.

Wheare KC (1975) Modern Constitution, Oxford: Oxford University Press.

Widjaja, AW, (1996) Village Administration and Village Administration According to Law no. 5 of 1979 (as a review), Jakarta: Ra j a Grafindo Persada.

1945 Constitution

Law No. 6 of 2016 concerning the Village

Law No. 32 of 2004 concerning Regional Government

PP No. 72 of 2005 concerning the Village