The Importance of Peace Deeds in Resolving Land Disputes

Oct 13, 2025 by windailys.com 11 views

Case Study of Case Resolution Between the Ownership of the Expert Land of PA Nampati Purba and PT. Bank North Sumatra in Kabanjahe

In the midst of the rise of land disputes that occur in the community, peace deeds emerged as an effective solution to resolve the conflict. A prominent case is a customary land dispute between landowners, Birjei Purba, who is an heir of the late PA Nampati Purba, with PT. North Sumatra Bank that occurred in Kabanjahe. The land which is a dispute has an area of 11,611 square meters, which is recorded in the Measurement Letter on February 9, 1951. The problems raised in this study include the form and substance of the peace certificate and the challenges faced in their preparation.

The Importance of Peace Deeds in Resolving Land Disputes

Land disputes are a common problem in many communities, and they can lead to long and costly legal battles. However, peace deeds offer a more effective and efficient solution to resolve these disputes. A peace deed is a written agreement between two parties that outlines the terms of the agreement and provides a framework for resolving the dispute. In the case of the dispute between Birjei Purba and PT. North Sumatra Bank, the peace deed was compiled on February 28, 2001 by Notary Darwin Syam Manda in Kabanjahe.

Form and Content of Peace Deed

The peace certificate compiled on February 28, 2001 by Notary Darwin Syam Manda in Kabanjahe reflects the validity and authenticity of an agreement. In it there are several important points, including:

The first party stated that it was ready to stop his demands. This is a crucial point in the peace deed, as it shows that the first party is willing to compromise and resolve the dispute.
With the deed, all disputes or conflicts between the two parties are considered complete. This point highlights the finality of the agreement and provides a clear understanding of the terms of the peace deed.
If the second party fails to meet the agreed obligation or payment, a fine will be subject to in accordance with the applicable interest rates. This point outlines the consequences of non-compliance with the agreement and provides a clear understanding of the penalties that may be imposed.
Both parties agreed that they would have a permanent domicile at the Kabanjahe District Court Office. This point highlights the importance of transparency and accountability in the agreement.

Factors to Consider in Preparing Peace Deeds

In the preparation of peace certificates, there are several factors that must be considered:

Agreement to resolve disputes outside the court. This is a crucial point in the peace deed, as it shows that both parties are willing to resolve the dispute outside of the court.
Payment of a decent fee. This point highlights the importance of fair compensation for the land in question.
Responsibility for future disputes. This point outlines the consequences of non-compliance with the agreement and provides a clear understanding of the penalties that may be imposed.
Sanctions if there is a failure in the implementation of the agreement. This point highlights the importance of accountability and transparency in the agreement.

In addition, internal challenges faced include:

The unpreparedness of the heirs to carry out the agreement. This point highlights the importance of preparation and planning in the agreement.
The fear of the family (ancient clan) will lose inheritance rights. This point highlights the importance of understanding the cultural and social context of the agreement.
Requests for compensation are much higher than agreed. This point highlights the importance of fair compensation for the land in question.
The will to get a replacement in the form of cash. This point highlights the importance of transparency and accountability in the agreement.

External factors also cannot be ignored, such as agitation carried out by several parties who are not satisfied with the results of the agreement.

Efforts to Overcome Challenges

To overcome various challenges in the preparation of peace deeds, more intensive discussions are needed and efforts to reach mutually beneficial agreements. The open and transparent negotiation process between all parties is very important. By applying the alternative dispute resolution method (ADR), the community is expected to find effective solutions and minimize the time and costs that are usually needed in the litigation process.

Conclusion

From this study, it is clear that the settlement of land disputes through peace deeds can be an effective alternative compared to the litigation pathway which often takes time and cost that is not small. Therefore, it is important to develop and socialize alternative dispute resolution mechanisms among Indonesian people. The agreement between the dispute parties, as well as transparency in responsible, is the key to the success of dispute resolution outside the court.

Recommendations

Based on the findings of this study, the following recommendations are made:

Develop and socialize alternative dispute resolution mechanisms among Indonesian people. This is crucial in promoting the use of peace deeds as a means of resolving land disputes.
Provide training and education on the use of peace deeds. This is essential in ensuring that all parties involved in the agreement understand the terms and conditions of the peace deed.
Encourage open and transparent negotiation processes. This is crucial in promoting the use of alternative dispute resolution methods and minimizing the time and costs associated with litigation.
Promote the use of peace deeds as a means of resolving land disputes. This is essential in promoting the use of alternative dispute resolution methods and minimizing the time and costs associated with litigation.

By implementing these recommendations, the use of peace deeds as a means of resolving land disputes can be promoted, and the time and costs associated with litigation can be minimized.

In this article, we will answer some of the most frequently asked questions about deed of peace as a way to resolve land disputes outside the court.

Q: What is a deed of peace?

A: A deed of peace is a written agreement between two parties that outlines the terms of the agreement and provides a framework for resolving a dispute. It is a way to resolve disputes outside of the court, through a peaceful and mutually beneficial agreement.

Q: What are the benefits of using a deed of peace?

A: The benefits of using a deed of peace include:

Reduced costs: Deeds of peace can be less expensive than going to court.
Faster resolution: Deeds of peace can be resolved more quickly than going to court.
Increased control: Deeds of peace give the parties involved more control over the outcome of the dispute.
Improved relationships: Deeds of peace can help to improve relationships between the parties involved.

Q: What are the key elements of a deed of peace?

A: The key elements of a deed of peace include:

Agreement to resolve disputes outside the court: Both parties must agree to resolve the dispute outside of the court.
Clear terms and conditions: The terms and conditions of the agreement must be clear and concise.
Mutual benefit: The agreement must be mutually beneficial to both parties.
Transparency and accountability: The agreement must be transparent and accountable to both parties.

Q: How is a deed of peace prepared?

A: A deed of peace is prepared through a process of negotiation and agreement between the parties involved. This may involve:

Meetings and discussions: The parties involved may meet and discuss the terms and conditions of the agreement.
Drafting the agreement: A draft of the agreement is prepared and reviewed by both parties.
Signing the agreement: The agreement is signed by both parties, indicating their acceptance of the terms and conditions.

Q: What are the challenges of using a deed of peace?

A: Some of the challenges of using a deed of peace include:

Difficulty in reaching agreement: It can be difficult to reach agreement between the parties involved.
Lack of transparency and accountability: The agreement may not be transparent and accountable to both parties.
Fear of losing rights: One or both parties may fear losing their rights or interests.
External factors: External factors, such as agitation from third parties, may affect the agreement.

Q: How can a deed of peace be enforced?

A: A deed of peace can be enforced through a variety of means, including:

Court order: A court order can be obtained to enforce the agreement.
Mediation: Mediation can be used to resolve any disputes that may arise.
Arbitration: Arbitration can be used to resolve any disputes that may arise.
Self-enforcement: The parties involved may agree to self-enforce the agreement.

Q: What are the benefits of using a deed of peace in Indonesia?

A: The benefits of using a deed of peace in Indonesia include:

Reduced costs: Deeds of peace can be less expensive than going to court.
Faster resolution: Deeds of peace can be resolved more quickly than going to court.
Increased control: Deeds of peace give the parties involved more control over the outcome of the dispute.
Improved relationships: Deeds of peace can help to improve relationships between the parties involved.

Q: How can a deed of peace be used in Indonesia?

A: A deed of peace can be used in Indonesia through a variety of means, including:

Negotiation: The parties involved may negotiate the terms and conditions of the agreement.
Drafting the agreement: A draft of the agreement is prepared and reviewed by both parties.
Signing the agreement: The agreement is signed by both parties, indicating their acceptance of the terms and conditions.
Registration: The agreement may be registered with the relevant authorities.

By understanding the benefits and challenges of using a deed of peace, individuals and organizations in Indonesia can make informed decisions about how to resolve disputes outside of the court.