Collaboration in Land Conflict Resolution

A Socio-Legal Study Employing a Multi-Actor Mediation Approach in the City of Surabaya

Abstract

Land conflicts are often caused by a lack of coordination between the various parties involved, ranging from local communities and the government to law enforcement agencies. Uncertainty in land management and ownership triggers legal uncertainty that can impact social and economic stability in the region. When land does not have a clear or registered ownership status, communities do not have a strong legal basis to defend their claims. This often causes tension between individuals or groups, which ultimately has the potential to develop into physical conflict or even broader social escalation. This study uses a qualitative method with a sociological approach to law through case studies, which aims to determine whether collaborative governance can be applied in handling land conflicts with a multi-actor mediation approach in the city of Surabaya, namely: 1). Initial Conditions Dimension (system context) 2). Joint Engagement Process (principled engagement) 3). The process of agreeing on shared motivation 4). The process of utilizing capacity for joint action. To identify the factors behind multi-actor mediation in resolving land conflicts in the city of Surabaya, namely: a). Trust between actors. b). Distribution of power. c). Commitment to participate in the mediation process. The results of this study show that land conflicts in Surabaya are complex, multi-actor, and of high economic value. Land conflicts hinder development, increase costs, and damage reputation. The community wants legal certainty, justice, humane compensation/relocation, and a voice that is truly heard. Capacity in the form of land data, certificate legality, and technical teams; the obstacles are that the data is not yet integrated and human resources are limited. The resolution of land conflicts through multi-actor mediation in Surabaya is highly dependent on the capacity for joint action possessed and exercised by each party. The factors behind multi-actor mediation in resolving land conflicts in the city of Surabaya are: mediation of land conflicts in the city of Surabaya. The National Land Agency (BPN) emphasizes that trust is built through data transparency, consistency of rules, and neutrality. The central issue in land conflict mediation is the distribution of power. The imbalance of power, especially between companies with large capital, legal access, and political support on one side, and communities with limited resources on the other, is the main root of the conflict. Commitment is a determining factor in the success of land conflict mediation. All actors, including the BPN, notaries/PPAT, city government, NGOs, legal practitioners, and the community, emphasize that without commitment, mediation will only be a formality that does not substantively resolve conflicts.