The Essence of Non-Litigation Settlement of Land Rights Disputes (A Study in South Sulawesi Province)

Abstract

This study examines the essence and effectiveness of non-litigation mechanisms in resolving land rights disputes within the legal jurisdiction of South Sulawesi Province. Land conflicts in Indonesia often arise due to overlapping claims, administrative inconsistencies, and the lack of effective communication between stakeholders. As formal judicial processes frequently require substantial time, financial resources, and energy, this research highlights mediation and alternative dispute resolution (ADR) as strategic approaches that align with the principles of justice, legal certainty, and utility. Guided by the framework of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, this study emphasizes the importance of promoting a win–win solution that accommodates the interests of all disputing parties. Using a normative legal research method supported by statutory, conceptual, and doctrinal approaches, the analysis demonstrates that non-litigation mechanisms offer more flexible, participatory, and culturally grounded pathways for dispute settlement. The findings reveal that mediation—when conducted through deliberation, kinship-based negotiation, and the incorporation of local wisdom—significantly enhances the potential for equitable agreements. These non-judicial pathways not only reduce the burden on the courts but also foster community harmony and sustainable social relationships by encouraging active involvement of parties, customary leaders, and local government institutions. The study concludes that non-litigation dispute resolution represents a vital instrument for strengthening legal certainty and social cohesion in South Sulawesi, particularly in regions where customary norms and communal land relations remain deeply embedded. Strengthening legal awareness, mediator professionalism, institutional support, and regulatory clarity is essential to ensuring that mediation and ADR continue to serve as effective, fair, and culturally relevant mechanisms for resolving land rights disputes in Indonesia.