期刊名称:International Journal of Social Sciences and Management
印刷版ISSN:2091-2986
出版年度:2018
卷号:Vol-5(3)
期号:3
页码:83-88
语种:English
出版社:SEM-Biotech Publishing
摘要:Village head act as mediator in solving villager’s dispute. However, on the other hand, village head act as implementer of village governance. Therefore, questions arise concerning why village head should become the mediator in solving villagers’ dispute, concerning mediator should be neutral side in reconciliate all related parties. Method used in this study was normative legal research with philosophical approach, concepts, cases, history and statute approach. Theories and concepts used in this dissertation includes legal objectives theory, authorization theory, dispute solving theory. Results and discussion: Consideration of village head given obligation as mediator in solving villager’s land rights dispute, village head act as implementer of village governance, with the authority given by statute and authority based on origins, village head acts as the village reconciliation judge. The existence of village governance was very close with the villagers itself starting from the head’s involvement in land registration process until it was presume that village head was knowledgeable concerning land history within the village border. However, on the other hand, village head has many authorities that should be implemented.