| Summary: | The research aims to, 1. examine notary�s authority in the making of acte van dading as
requested by the disputed parties, 2. Examine the legal position of acte van dading on
mediation process for land dispute settlement, and 3. to identify which factors become
obstacles in the mediation process for land dispute settlement. The research is a normative
empirical legal studies in which uses secondary and primary data acquired through library
and field research. The secondary data was obtained through documentation method using
document study instrument, while the primary data was obtained through interviews using
the interview guide instrument, the interviews located in Kantor Wilayah Badan
Pertanahan (BPN) Provinsi Jawa Barat, the interviewees was official at Kantor Wilayah
BPN Provinsi Jawa Barat, the mediator assigned by BPN and the disputed parties. Data
analysis was done qualitatively.
The research�s results that notary has the authority to make acte van dading made in his
presence on mediation process for land dispute settlement. The disputed parties and the
mediator found that acte van dading made by notary has a sufficient legal position
although the act was not registered to the court, because the authentic deed made by notary
has the ability to prove its own legitimacy (acta publica probant sese ipsa). The factors
which become obstacles in the mediation process is 1. the lack of the professional mediator
who understand the technical issues in land disputes, 2. the mediator assigned by BPN in
mediating land disputes as requested by the disputed parties does not have the mediator
certificate as a license to mediate, and 3. the issue of BPN�s neutrality in the dispute
because it involves legal products made by BPN.
The conclusion is notary has the authority to make acte van dading, it has sufficient legal
standing and to provide certainty for the disputed parties but as limited as the position of an
authentic deed, the main factors that become obstacles of the mediation is the lack of the
proffesional mediator in the matter of land dispute, the mediator assigned by BPN does not
have the mediator certificate as a license to mediate and the issue of BPN�s neutrality.
Therefore recommended 1. BPN to cooperate with the notary to accelerate the land dispute
windup, 2. acte van dading made by notary should be registered to the court according to
the procedure in order to acquired the power to execute if only one of the disputed parties
breach the agreement, and 3. BPN to improve its profesinalism and conduct education and
training for mediator candidate to obtain certification of mediator.
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