ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA DALAM PEMBAGIAN HARTA WARISAN MELALUI MEDIASI DI DESA JOGOROTO

Inheritance is property left by someone after an early death. According to Islamic law, the division of inheritance is that the father and mother each get 1/6 of the share, the wife gets 1/8 and the rest is given to the children. However, Indonesian civil law or positive law regulates the assets of someone who dies, to be given or distributed to heirs. In the event that the division of inheritance is to be resolved through mediation or deliberation through the village, which is assisted by a mediator, community figure or local village official, the distribution of inheritance through mediation has occurred in the village of Jogoroto, in this case, both parties carried out a negotiation process to obtain a mutual agreement. This research uses a statutory approach to obtain information from various aspects regarding the legal issue for which an answer is being sought. This legal approach is carried out by reviewing all laws and regulations that are related to legal issues related to the problems discussed in this thesis. After being studied and discussed, it emerged that Mediation provides many benefits for the heirs compared to resolving disputes through court.

The benefits of the mediation process can strengthen the family relations between the heirs and the dispute ends peacefully. The benefits you will get are: First. Mediation can resolve disputes quickly and effectively. Second. In the mediation process, there is no pressure from the parties so that the result of the mediation is a pure agreement between the parties themselves. Third. Mediation is able to produce a result that can end a dispute without causing hostility between heirs. Heirs who have agreed to the mediation process to gain legal force and be binding on the heirs.