Mediasi Desa: Upaya Berhukum dengan Kearifan Lokal

Abstract

Village mediation as an effort to resolve disputes is an important thing for the community to do. This is because mediation in rural communities emphasizes the harmonization of society and the values of local wisdom. This research is oriented towards explaining the importance of reviving mediation practices at the village level which aims to maintain community harmonization and how to formulate the right law to revive mediation practices at the village level. This research is a juridical-normative research that seeks to analyze legal issues with primary, secondary, and non-legal materials. The results of the study indicate that efforts and urgency to revive dispute resolution through mediation from the village head need to be carried out because there is an essence of moral values and maintaining harmonization in society. The legal formulation to revive the practice of mediation at the village level is to optimize Lawrence M. Friedman's theory of the legal system which includes: substance, structure, and legal culture