Empirical Legal Analysis of Land Rights Dispute Resolution between Indigenous Communities and Mandalika Special Economic Zone Development Companies

Abstract

This study aims to analyze the implementation of the settlement of land rights disputes between indigenous peoples and special economic zone development companies. Mandalika, as well as factors that influence the resolution of land rights disputes between indigenous peoples and Special Economic Zone development companies. Mandalika. Using empirical legal research methods. The results of this study indicate that the settlement process in the dispute resolution process, there are 2 dispute resolution processes, namely: Settlement through Non-Litigation and Litigation. Settlement of disputes outside the court or known as Alternative Dispute Resolution can be achieved through Arbitration, Mediation, Conciliation, Minitrial, Summary Jury Trial, and Settlement Conference. While the settlement through litigation on customary land as a dispute resolution between parties is carried out through examination before a judge in a court institution, this is because the development of the era towards the needs of the community for justice and welfare is increasing. Factors that influence the settlement of disputes over land rights between customary law communities and the Mandalika special economic zone development company, namely: legal factors and intervention of the authorities, cultural factors, socio-economic factors, and factors of third party involvement. In the dispute resolution process, the community emphasizes more on settlement through non-litigation, namely mediation.