COMMUNICATION STRATEGY IN HANDLING LAND BOUNDARY DISPUTES
AT THE LAND OFFICE OF LHOKSEUMAWE CITY
Maisyarah1,
Humaizi2, Dewi Kurniawati3
Faculty of Social and Political Sciences, Universitas Sumatera
Utara, Indonesia
[email protected]1,
[email protected]2, [email protected]3 ��
ABSTRACT
This research aims to determine the communication
strategy used by the Dispute Control and Handling Section of the Lhokseumawe
City Land Office in managing land boundary disputes. The main theories and
concepts used are communication strategy, organizational communication, and
persuasive communication. This research uses a qualitative approach with a case
study method, data collected through observation and interviews with employees
involved in handling land boundary disputes. The results of this study found
that the Lhokseumawe City Land Office uses a caucus process in its
communication strategy in handling disputes, in contrast to the more commonly
used direct mediation approach. The stages of dispute handling are in
accordance with Hafied Cangara's five-step communication planning model.
Analysis of the communication dimensions shows that internal communication
occurs both vertically and horizontally through meetings, phone calls, and
WhatsApp messages, involving reciprocal exchanges between leaders and employees
and between employees. External communication involves the office acting as a
facilitator during meetings. Persuasive techniques identified include
integration, which involves negotiation, and fear induction, which highlights
the potential consequences of unresolved disputes. The implications of this
research underscore the importance of structured communication planning and
strategy in effective dispute management. The findings suggest that other
government agencies may benefit from adopting a similar approach. The use of
effective persuasive techniques can improve the efficiency of dispute
resolution.
Keywords: Communication
Strategy, Handling Land Boundary Disputes, Land Office.
Corresponding Author: Maisyarah
E-mail: [email protected]
INTRODUCTION
In this modern era, the handling of land boundary
dispute resolution no longer depends only on the litigation settlement process
but can also be done through non-litigation channels; handling land boundary
dispute resolution through non-litigation channels requires an effective
communication strategy to facilitate dialogue and increase understanding to the
parties involved. The right communication strategy can help reduce tensions,
increase transparency, and speed up the process of resolving land boundary
disputes.
Land plays an important role as a source of welfare,
prosperity, and life for everyone. As a result, it is not surprising that in
this day and age, everyone will compete to own land. Land is considered a very
attractive and profitable investment medium, as its value tends to increase
over time. Thus, it is this desire to own Land that triggers land disputes.
Three types of land disputes occur in Indonesia,
namely boundary disputes, ownership disputes and inheritance disputes. This research discusses land
boundary disputes. Land boundary disputes often occur due to unclear land
boundaries, spatial changes, differences in interpretation of ownership
documents, and even owners who cannot directly control their Land, as well as other
factors.
The institution that has
duties and functions in land administration affairs in Indonesia is the
Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. Based
on Article 4 of Presidential Regulation No. 47/2020 on the Ministry of Agrarian
Affairs and Spatial Planning, the institution has the task of managing
government affairs in the field of agrarian/Land and spatial planning to assist
the President in carrying out government affairs. Therefore, the Ministry of
Agrarian Affairs and Spatial Planning/National Land Agency was established to
provide legal certainty in the implementation of land policies. Thus, handling
and resolving land cases is part of the main tasks and functions of the
Ministry of Agrarian Affairs and Spatial Planning/National Land Agency.
The Ministry of Agrarian
Affairs and Spatial Planning/National Land Agency issues Land Certificates as a
product in managing land administration. (Nugraha et
al., 2022) mentions that a land
certificate is an official letter owned by a landowner related to the ownership
of his land rights. Article 17 paragraph (3) of Government Regulation No. 24 of
1997 concerning Land Registration emphasizes that every individual or legal
entity that owns a land certificate is obliged to protect its Land by
installing land stakes/land boundary signs. This is done to prevent disputes or
disputes related to land boundaries among landowners (Yunia, 2022).
Land rights holders,
especially individuals, are often negligent in the placement and maintenance of
land boundary stakes/marks. The absence of land boundary stakes/marks can lead
to misunderstanding and ignorance and even encourage fraudulent behavior from
neighboring boundary parties. This factor is the leading cause of land boundary
disputes. Resolving land boundary disputes, therefore, requires a careful
approach and an effective communication strategy between the parties involved.
The ultimate goal is to reach an agreement that is acceptable to all affected
parties so that the agreement reached can be accepted as a sustainable
agreement.
The vertical institution
located in the district/city of the Ministry of Agrarian Affairs and Spatial
Planning/National Land Agency is the Land Office. As part of the administrative
hierarchy in the region, the Land Office has direct responsibility to the
Minister of Agrarian and Spatial Planning/Head of the National Land Agency
through the Head of the Regional Office of the National Land Agency. In
addition to carrying out administrative tasks, the Land Office also has the authority
to handle and resolve land disputes if it receives complaints or reports
related to these issues at the district/city level.
By 2024, Aceh Province will
have twenty-three (23) Land Offices spread across districts/cities, including
the Lhokseumawe City Land Office. The Lhokseumawe City Land Office, through the
Dispute Control and Handling Section, was awarded a Charter of Appreciation by
the Regional Office of the National Land Agency of Aceh Province as the Land
Office with the Fastest Settlement of Land Disputes and Justisia Data Input in
2021. In 2022, it again received appreciation for its contribution to Handling
the Fastest Dispute Resolution Operation Target. In 2023, through a post on the
@kantahkotalhokseumawe2 Instagram account, the Lhokseumawe City Land Office
Dispute Control and Handling Section again received a certificate of
appreciation as the Land Office with the Most Satisfactory Handling of Land
Disputes.
The Lhokseumawe City Land
Office has handled 16 land disputes from 2021 to 2023. Of these, 9 cases are
not included in the authority of the Lhokseumawe City Land Office. This is
because the dispute-handling process did not reach an agreement. One of the land
boundary disputes successfully handled by the Lhokseumawe City Land Office in
2022, which is handled explicitly by the Land Dispute Control and Handling
Section, is a case of land boundary dispute, namely an overlapping certificate
of ownership. The problem was triggered by the owner of the certificate, who
did not occupy the Land (outside the area) and did not put up boundary markers
so that other people could cultivate the Land. Another certificate was issued
in the name of the cultivator. The handling of this case ended in an amicable
agreement through a compensation mechanism. (Source: Annual Report on Land Dispute Cases of
Lhokseumawe City Land Office, 2024).
Every Land Office uses the Regulation of the Minister
of Agrarian and Spatial Planning/National Land Agency Number 21 of 2020 on
Handling and Settlement of Land Cases as a guideline for handling land
disputes. However, repeated awards to the Lhokseumawe City Land Office,
especially to the Dispute Control and Handling Section, for three consecutive
years show that employees in the section have strategies that other Land
Offices should emulate in resolving land disputes.
(Ahmad & A.C.,
2020) states that strategy is a structured procedure for
implementing a comprehensive and sustainable plan to achieve goals. According
to (Dari & Fajri,
2024), strategy is defined as a plan and management aimed
at achieving a goal. However, the strategy is more than just a guide that shows
the direction to achieve these goals. However, it must also concretely explain
how these goals can be realized. This means that a strategy is a plan or steps
that are organized in a structured way to explain how to achieve the goals that
have been set.
In addition to a strategy, dispute handling also
requires good internal coordination among the employees involved. The
organization's communication dimension will help ensure that information and
decisions can be exchanged efficiently among all parties involved. Such
information exchange and decision-making, of course, require a communication
process.
Communication is an activity in which humans seek to
understand the messages conveyed by one individual (communicator) to another
individual (communicant). This is known as a process in which humans seek to
understand each other or understand the messages given by a communicator to his
interlocutor (communicant) (Oktarina &
Abdullah, 2017). (Nurhidayati et al.,
2024) stated that the role of communication is vital in all
aspects of human life. Humans need communication to interact with the
surrounding environment. By communicating, humans can express their messages or
desires to various entities, from individuals to society to God.
Other people, audiences, or communicants must well
understand the message or intention conveyed. Therefore, communication must be
carried out with a clear, proportional, precise, and directed approach. (Suryanto, 2019) mentioning a good intention, if conveyed in the wrong
way, will result in misunderstanding. Therefore, the importance of using the
right ways and methods in communication must be considered. With the right
approach, the message to be conveyed has the potential to be understood,
distorted, or even reduced, which can lead to erroneous or controversial
interpretations in the recipient of the message. With this in mind, it is
essential to understand how officials communicate with each other when dealing
with land boundary disputes.
Handling land boundary disputes is a complex task;
there is a need for an appropriate strategy so that the resulting settlement
solution can benefit all parties involved. The dimension of organizational
communication among the employees involved is also crucial to the success of
the objectives of the strategy. By ensuring that communication between
employees involved in the process of handling land boundary disputes runs
effectively and efficiently, the goal of resolving land boundary disputes can
be successfully achieved and accepted by all parties involved. Communication
will play an essential role in ensuring that all parties involved have the same
understanding, which in turn will facilitate the achievement of the initial
objectives in handling land boundary disputes.
Kumbara (2023) mentions that communication is important in carrying
out a strategy; this is referred to as a communication strategy. Communication
strategy is an integral element of communication planning. Communication
planning adopts a wide variety of models, which range from simple to complex,
and the choice of the appropriate model depends largely on the characteristics
or type of work being done.
In addition to a communication
strategy, there is also a persuasive communication process in handling land
boundary disputes. (Ikhwan,
2023) states that persuasive
communication is the ability to convince individuals or groups to act in a
certain way or to instill beliefs and values in them by influencing their
thoughts and actions through certain techniques.
The persuasive communication
process used in dispute handling is expected to help ease tensions and steer
the discussion in a peaceful direction. Disputes over land boundaries often
occur due to misunderstandings or the need for more information. Through
persuasive communication, accurate and complete information is expected to be
conveyed in a way that is easy to understand so that all parties have a clear
picture of the situation. Therefore, in order to reach a settlement that
satisfies all parties, mutual agreement is required. The use of persuasive
communication allows the mediator or the parties involved to present their
arguments convincingly, making it easier to reach an agreement.
Although there have been many
studies on communication strategies, this research is novel because it focuses
on communication strategies in handling land boundary disputes. Through this
study, researchers analyzed the communication strategies planned by employees
in the Dispute Control and Handling Section in handling land boundary disputes
using the five-step communication planning model. In addition, researchers also
analyze the dimensions of organizational communication in handling land
boundary disputes at the Lhokseumawe City Land Office through the communication
process that occurs among the employees involved. Researchers will also analyze
the use of persuasive techniques in the process of handling land boundary
disputes.
METHOD
This study applies a research method
with a qualitative approach in the form of a case study. The subject criteria
in this study are the Head of the Land Dispute Control and Handling Section at
the Lhokseumawe City Land Office, the Lhokseumawe City Land Office Employee who
is in the Land Dispute Control and Handling Section at the Lhokseumawe City
Land Office who is directly involved in the process of handling land boundary
disputes at the Lhokseumawe City Land Office. Employees of the Lhokseumawe City
Land Office who are directly involved in the process of handling land boundary
disputes at the Lhokseumawe City Land Office. The data collection techniques
used in this study are observation and interviews. The data analysis technique
used in this study consists of three main stages: summarizing the data (data
condensation), visualizing the data (data display), and drawing conclusions or
conducting verification (conclusion drawing and verification).
RESULTS AND DISCUSSION
Research Findings through Interviews
Informant I
The first informant in this research is Miftahul Rahmah
S.H., M.Kn.; she is the critical informant as well as the primary informant in
this research because she is the Acting Head of the Dispute Control and Handling
Section and also an employee in the section. He is the person who has
comprehensive and conceptual information related to the process of handling
land boundary disputes.
He graduated as a Civil Servant at the Ministry of
Agrarian Affairs and Spatial Planning / National Land Agency in 2019, with an
initial placement at the West Aceh District Land Office. In 2021, he
experienced a transfer to the Lhokseumawe City Land Office. He has been at the
Lhokseumawe City Land Office for 3 years and has received a position as Acting
Officer because there are no other employees besides him in the section.
Informant II
The second informant in this research is Rijal A.P. He
became an informant on the recommendation of Informant 1. He is an employee of
the Lhokseumawe Land Office, which is in charge of the Land Infrastructure
Section. This section has a vital role in preventing land disputes because it
is their work that determines whether a dispute will occur or not. In addition
to being a Measuring Officer in the Land Infrastructure section, he is also the
Coordinator of the Cadastral Measurement and Mapping Substance Group.
Informant III
The third informant in this research is Muhammad Arif,
A.P., who became an informant in this research on the recommendation of
Informant 1. He is a Measuring Officer at the Lhokseumawe City Land Office; in
his daily life as a Measuring Officer, he often meets various types of people
when faced with land dispute issues, especially land boundary disputes. He is a
graduate of the National Land College in Yogyakarta. Before becoming a civil
servant, he worked as an Assistant Cadastral Surveyor (ASK) at the Banda Aceh
City Land Office.
Informant IV
The fourth informant in this research is a triangulation
informant, Mr. Akhyar Sirajuddin, S.T., S.H., who graduated in Informatics
Engineering from Gunadarma University and graduated in Law from Syiah Kuala
University. His career at the Ministry of Agrarian Affairs and Spatial
Planning/National Land Agency began as an Analyst for Rights Application and
Land Registration. Then now he serves as Head of the Control and Dispute
Handling Division at the Regional Office of the National Land Agency of Aceh Province.
With this informant, researchers managed to dig up information related to the
process of handling land boundary disputes that are carried out in each Land
Office.
Informant V
The fifth informant in this research is Mrs. Fitriani,
S.H., M.H. She is a Judge as well as a Judge Mediator who is currently assigned
to the Lhokseumawe District Court Office, according to the results of
interviews with her. She also served at the North Aceh District Court, from
which her researchers obtained data related to the mediation process in
handling land boundary disputes carried out at the Court and what kind of
persuasive communication techniques were used to influence the parties involved
to want to make peace.
Table 1. Data of
Research Informants (Researcher's Process, 2024)
|
No. |
Name |
Profession |
Position |
|
1. |
Miftahul Rahmah, S.H., M.Kn. |
PNS |
Acting Head of the Control and Dispute
Handling Section at the Lhokseumawe City Land Office. |
|
2. |
Rijal, A.P. |
PNS |
Coordinator
in the Cadastral Measurement and Mapping Substance Group at the Lhokseumawe
City Land Office. |
|
3. |
Muhammad Arif, A.P. |
PNS |
Measuring Officer at the Lhokseumawe
City Land Office. |
|
4. |
Akhyar Sirajuddin, S.T., M.H. |
PNS |
Head of
Dispute Control and Handling at the Regional Office of the National Land
Agency of Aceh Province. |
|
5. |
Fitriani, S.H., M.H. |
PNS |
Judge at
the Lhokseumawe District Court. |
Categorization of Research Findings
Communication Strategy in Handling
Land Boundary Disputes
The first question asked
in the interview process was related to the first focus of this research,
namely related to communication strategies; the questions raised were how the
flow of complaints and the process of stages in handling land boundary
disputes, whether there were separate exceptions. The answer from the Acting
Head of the Dispute Control and Handling Section, Miftahul Rahmah, explained
that there are no exceptions in the process of handling land boundary disputes
because the handling of land disputes has been regulated in the Regulation of
the Minister of Agrarian and Spatial Planning / National Land Agency Number 21
of 2020 concerning Handling and Settlement of Land Cases. "Yes, the flow
of complaints is that, which is found in the front and on Instagram. As for the
stages, we are still in accordance with Permen 21 of 2020; there are no
exceptions." (interview with Miftahul Rahmah, April 05, 2024).
The stages in handling
land boundary disputes if in accordance with the Regulation of the Minister of
Agrarian and Spatial Planning / National Land Agency Number 21 of 2020
concerning Handling and Settlement of Land Cases. Article 6, paragraph (1)
states that Dispute Handling is carried out through several stages, namely:
1. Case Assessment
2. Initial Degree
3. Research
4. Research result exposure
5. Coordination Meeting
6. Final degree
7. Case Resolution.
This is in line with
Muhammad Arif's informed statement that a case assessment is carried out first,
and the measuring officer will go to the field first to meet with the parties.
"Go down first because not everyone can explain the case. How can people
explain the cases?" (Interview with Muhammad Arif, April 13, 2024).
After the case study
process, the case study process will produce a product in the form of a staff
review; after the case study, the initial degree stage will be carried out
where the meeting process will be carried out internally by the Lhokseumawe
City Land Office, the parties involved are the Head of Office, the Dispute
Control and Handling Section, the Land Infrastructure Section, and the Rights
Determination and Registration Section, after the internal meeting it will be
discussed whether it is necessary to go down to the field again, if not needed,
it will be continued with the expose of the research results. In the expose of
the research results, the measuring officer who will provide the results of the
expose is the measuring officer; this is in line with what was conveyed by
informant Rijal, who stated that the measuring officer plays a role in
providing data related to measurements. "Post fieldwork means that after
going to the field, we have collected data in the field. We present it in the
form of a map, ....." (Interview with Rijal, April 05, 2024).
�After exposing the research results, the next
stage is the Coordination Meeting. This coordination meeting is the key to the
communication strategy used by the Dispute Control and Handling Section in
handling dispute issues, where at this stage, each party involved in the land
boundary dispute will be called separately to ask what they want. Miftahul
Rahmah conveyed this during an interview via WhatsApp text message:
"There is a unique
strategy before mediation is carried out on both parties. Then, the dispute
handling team will call the parties first. This is done to find out what the
parties want. So that later when the mediation is held, the parties can express
their respective wishes. Assisted by BPN with a family approach by using a
preventive effort strategy to produce a win-win solution,�
After the coordination
meeting, the next stage is the final degree, which is the last step in the
meeting between the parties involved in the dispute. This final degree marks
the final mediation stage, after which the settlement of the land case will take
place. However, the conclusion of the research shows that in the implementation
stage of handling land boundary disputes, this process is regulated by the
Regulation of the Minister of Agrarian and Spatial Planning/National Land
Agency Number 21 of 2020 on Handling and Settlement of Land Cases. However, in
practice, not all stages will be implemented. Some stages can be ignored if an
agreement has been reached between the parties to the dispute. This is in
accordance with the results of an interview between the researcher and Miftahul
Rahmah, who said: "Later, if the two parties have found common ground, we
can call them both at a coordination meeting. If there is common ground, we can
close it there." (Interview with Miftahul Rahmah, April 05, 2024).
Dimensions of Communication in
Handling Land Boundary Disputes
In the research findings
related to the communication dimension in handling land boundary disputes,
researchers analyzed the communication process carried out by Lhokseumawe City
Land Office employees involved in handling land boundary disputes. From the
results of researcher interviews, the communication process carried out by
employees involved in handling land boundary disputes is carried out
face-to-face or directly at the Lhokseumawe City Land Office through a meeting
forum, but if something is needed, but the employee concerned is not in the
Office, communication is carried out via telephone calls or WhatsApp messages.
This is based on the results of an interview with Miftahul Rahmah, who said:
"There is an
incoming letter of complaint; it will be photocopied first and then
dispositioned to each section, section 1, section 2, and section 5. So, through
the letter, we get information on land dispute complaints. Info is also
conveyed via whatsapp and by telephone. However, regarding further discussions,
we use the meeting forum according to the regulations." (Interview with
Miftahul Rahmah, April 05, 2024)
For the communication
process carried out by the Lhokseumawe City Land Office with the parties to the
dispute is by using letters or via WhatsApp. It can be concluded that the
dimensions of organizational communication that occur at the Lhokseumawe City Land
Office in handling land boundary disputes are carried out internally,
consisting of vertical communication where, in this case, communication takes
place from top to bottom and from bottom to top or reciprocal. Then horizontal
communication is carried out by employees on a daily basis. Then, in terms of
the type of internal communication, the type of persona-media communication is
used, namely by using tools, for example, by letter or telephone, while the
type of group communication is carried out through meetings. External
communication carried out from the Lhokseumawe City Land Office to the
disputing parties is carried out by letter for meeting summons or mediation.
Persuasive Techniques in Handling
Land Boundary Disputes
In research focusing on
persuasive techniques in handling land boundary disputes, researchers obtained
data and information from Miftahul Rahmah's statement. According to Miftahul
Rahmah, an approach is taken by telling the dire consequences that will be
faced if the settlement process is not resolved through mediation. "Before
directing the settlement to be carried out in Court, it will be conveyed first
that court fees are expensive, so it is better if the dispute can be resolved
in a family manner. Some parties accept it and reconcile, but some parties
refuse, still stubborn." (Interview with Miftahul Rahmah, April 05, 2024).
The findings suggest
that the technique used in handling land boundary disputes is the fear-arousing
technique, "which scares or describes bad consequences." This
technique explains that handling land boundary disputes through the Court will
take a long time and incur expensive costs.
Triangulation
This study uses
additional informants to test the validity of research data or triangulation.
Researchers triangulate two additional informants: Mr. Akhyar Sirajuddin, S.T.,
S.H., and Mrs. Fitriani, S.H., M.H.
Triangulation 1: Mr. Akhyar
Sirajuddin, S.T., S.H.
Mr. Akhyar Sirajuddin,
S.T., S.H., better known as Mr. Akhyar, is the Head of the Dispute Control and
Handling Division at the Regional Office of the National Land Agency of Aceh
Province. Mr. Akhyar was triangulated to answer several questions related to
the informant's answers, as well as his views on the process of handling land
boundary disputes carried out by the Lhokseumawe City Land Office.
The researcher's first
question was whether the process of handling disputes did refer to the
Regulation of the Minister of ATR/BPN No. 21 of 2020 concerning Handling and
Settlement of Land Cases, without exception. Mr. Akhyar's answer was, "It
can be said that it is indeed a guideline and is one of the technical
instructions in handling land disputes, and without exception."
It can be concluded that
Miftahul Rahmah's informant statement is valid because the Regulation of the
Minister of ATR / BPN No. 21 of 2020 concerning Handling and Settlement of Land
Cases is indeed a guideline for handling land disputes. Furthermore, the
researcher asked how the handling of land boundary disputes should be done in
order to reach an agreement.
"For myself, the
fun fact is that I have never been able to reconcile people. However, as I said
at the beginning, the process actually still has to use Permen 21 of 2020,
because the candy has explained what the stages of handling land cases are. First,
there is assessment, there is research, and there is a review; in the review,
we can decide whether a settlement can be made by mediation or not; if it turns
out that the results of the review cannot be resolved by mediation, it means
that it must be conveyed to the parties. Suppose it turns out that it can be
mediated. In that case, a forum is created to bring the parties together and
build the perception of the parties that we are in the middle so that the
parties trust us. Now that the parties believe, we must build a joint
commitment regarding the mediation process which the parties must follow".
Mr. Akhyar's statement
that needs to be underlined is that in handling land disputes, the settlement
can end peacefully if the parties to the dispute both commit to carrying out
mediation; with this commitment, the meeting point can be more easily achieved.
Furthermore, the researchers asked about the persuasive message conveyed to
influence the parties. Mr. Akhyar's answer was:
"What we want is a
win-win solution. This means that we are looking for opportunities that can be
accepted by all parties, not harming the other party or the main party like
that. When we conduct the review, we will obtain information related to the
dispute, so that we can make what the mediation options are. The presentation
of these options must be done in good language, which does not create negative
connotations and confrontation. In the mediation forum, we must explain to them
that I usually say, "If I review and scrutinize the files that we have, we
can communicate this. If you do not want to go through this forum, then you can
use the Court route, the Court route as we know is not cheap; there are
registration fees, there is a trial process, there are many stages, and we also
do not know whether you will win or not, rather than winning so charcoal,
losing so ashes. In this forum, we make sure to find a win-win solution, not to
find who is wrong and who is right; the decision is for the common good,"
that's how I put it."
Mr. Akhyar's statement
complements what was conveyed by Miftahul Rahmah, namely the use of persuasive
techniques to arouse fear; in this case, it is explained that if you do not
choose a settlement through a mediation mechanism, the settlement can be carried
out through the courts with adverse consequences such as costs and uncertainty
of results. In handling land disputes, mediators are also needed, so the
researcher asked Mr. Akhyar regarding this mediator whether only the Head of
the Office and the Section Head are entitled; Mr. Akhyar's answer was as
follows:
"The BPN, in the
mediation process that requires a mediator, can be considered an Authoritative
Mediator, so all employees in the BPN, even though they do not have a license
as a mediator, automatically become Authoritative Mediators because we have the
capacity, the capacity means that we hold the data, for example, we can see the
certificate files, such as boundary agreements, all complete, other letters,
but after we examine them we find one weakness in the letter. We can
communicate that weakness to the relevant parties, such as "Ma'am, if this
goes to Court, it will mean that you will not get this side or that side. So,
actually we can influence the people in dispute because we have the capacity,
we have data, we have documents, we have evidence that can help in the process
of resolving the problem, which we will submit and prove to them. I also hope
that my friends in the dispute section can use Google Earth; we can see the
history, in the history we can see the condition of the Land in the years we
want, whether there are changes or not, now from there, we can convey to the
parties to influence them to make peace".
This makes it clear that
it does not have to be the Head of Office or Section Head who can become a
mediator in handling land disputes. All employees of the National Land Agency
can become mediators. This is referred to as an authoritative mediator. An authoritative
mediator is a person who has the capacity or potential to influence the final
outcome of negotiations (Fahri, 2021).
Triangulation 2: Mrs. Fitriani,
S.H., M.H.
The second triangulation
in this study is Mrs. Fitriani, S.H., M.H., who works as a Judge and Judge
Mediator at the Lhokseumawe District Court. The first question the researcher
asked was related to what kind of good mediation process. According to her, the
answers the researchers got were as follows:
"Mediation is
actually a trial that is not formal. Every trial process can be evidentiary or
otherwise; it can be done in mediation. So both parties can still carry out
proof. The stages of mediation are as follows: First, usually, the mediator
opens the mediation forum, just like a trial forum. Then read out the identity
of the parties, whether the parties concerned are correct, whether they are
attended in person or attended by their attorney. If attended by a proxy, the
power of attorney will first be requested because the power of attorney in the
trial is different from the power of attorney in the trial. This is because
there are actually two case settlement processes that are combined in one
forum. If it can be resolved here, then this one does not need to be carried
out. If this one is not resolved, then we bring it to trial. Well, so the
mediation process is after the reading of both parties, then the mediator
introduces himself. If he is a mediator from the judge, then he is free of
charge. If he is an external mediator, then there is usually a fee. If the
mediator is from here or requested by the defendant, there is no fee, but if it
is from outside, there is a fee. Then after the mediator introduces himself,
the plaintiff will be asked what the problem is, after which the defendant will
be asked the same question. Then, questions will also be asked regarding
whether there is a chance for peace. If both parties say there is a chance for
peace, we give them the opportunity to make a resume. So, the resume is a kind
of brief claim from the plaintiff, but not like the one in the lawsuit; in the
lawsuit, it is stated at length. What you want. Later, it will be read and
given to the defendant. Well, they also convey what they want. For example, I
am afraid I have to disagree with this; I want that. Later, it will still be
discussed. Usually, we discuss them. For example, suppose the implementation of
the trial or mediation is not conducive. In that case, the mediator usually
takes the opportunity to call a caucus. So they can meet the parties
individually, not attended by the other parties. Well, the mediation itself can
be presented directly by the principal, the proxy, or both. If there is a power
of attorney, then the power of attorney can make decisions directly. However,
if there is none, then it still has to go through the principal. Then, if there
is a discrepancy, they will need to prove it. For example, in the opening
statement the party wants Land, the land boundary is this, then the proof is
this, the certificate is this. Then, the other party also shows that he has
evidence here. At that point, they still insist. Well, later we can carry out
the caucus. Therefore, there is a second stage, which is whether or not to use
persuasive communication. Actually, from the beginning of the process, the
mediator uses a persuasive approach to both parties because the point of
mediation itself is to resolve a case quickly, lightly, at a low cost, and to
cool down both parties to resolve amicably. What is desired is a win-win
solution, peacefully. So, if possible, the two parties do not have to fight.
Well, that is why it was submitted to mediation earlier. If, in the process, it
turns out that the parties are still insistent, the mediator is clever. How to
deliver it, how to approach it".
In her statement, Ms.
Fitriani explained the procedure of the mediation process conducted at the
Court and her experience. The conclusion from this statement is that mediation
is an informal hearing process that allows both parties to present evidence, similar
to a formal trial. The process involves several stages: opening the forum,
verifying the identity of the parties, introducing the mediator, and
identifying the issues and possible amicable solutions. Mediation can be
conducted by a mediator from the judge (at no cost) or from outside (at a
cost). The mediator uses a persuasive approach throughout the process to
achieve a win-win solution and resolve the dispute amicably, quickly, and
cheaply. If the mediation process is not conducive, the mediator may caucus to
speak with the parties individually. The main objective of mediation is to
avoid protracted conflicts and resolve problems in a mutually beneficial way.
Furthermore, the researcher asked what kind of persuasive process was carried
out. The answer from Mrs. Fitriani was:
"For me, it is
more about an emotional approach, about social responsibility, especially when
it comes to land boundaries. There was a case when I was still on duty in
Lhoksukon; for example, the boundary was still being measured first, but the
wall of the house used the opposite Land. So, if you put it, the back wall
passes through the other Land. So, then we approached them, would they like to
use the method of reconciliation, or would they like compensation? Or to the
plaintiff, what are his plans regarding the Land? For example, if he wants to
sell it, is the defendant willing to compensate? If they are willing, the
problem is solved. Then, the amount of compensation is determined, for example,
the market price. This means that we leave it to them what kind of agreement.
It depends on the parties. The mediator is only a facilitator. So, the
facilitator is not binding, but he still gives the opportunity to the parties
the agreement between the two. We only provide possibilities, views, and
opportunities for what they can do. He explained that if they still insist on
the boundary issue in this case. The trial is not necessarily over; there will
be appeals and all kinds of things. When will it be finished? Meanwhile,
mediation might be faster. Then the cost, how much must be spent. Then what are
their social conditions in the future, how do they meet. Is it time for
neighbors next door to be at odds because of this case? Then, later, if they
die or are hit by other calamities. That is usually what we tell them.
Moreover, generally, if it is a small case, it is not a problem. They want
peace, compensation, or something else. However, sometimes what makes them
unwilling to reconcile is usually it's more about ego. So sometimes these
plaintiffs have a powerful ego, they feel proud like, "Here we are, in
court, then that is it, we are done" like that. They feel that because
they are the ones who are suing, this is the Land they want. That is why we try
to approach them again."
The conclusion from Ms.
Fitriani's statement is that the persuasive techniques used are integration
techniques and fear arousal techniques, which are carried out with an emotional
approach by linking the land boundary issue with social responsibility and its
impact on neighborly relations to arouse the feelings and empathy of the
disputing parties, and also reminding the parties of the importance of
maintaining good relations as neighbors and the potential for future social
problems if the dispute continues. It also emphasizes that trials can be time
consuming, expensive, and do not guarantee a settlement, to encourage parties
to consider mediation as a more efficient alternative. These are expected to
sensitize and encourage disputants to be more open to mutually beneficial
solutions. Ms. Fitriani's statement also supports the statement made by
Miftahul Rahmah where the caucus process is carried out in the mediation
process. However, what is different in the Lhokseumawe City Land Office is that
the caucus process is carried out first. Then mediation is carried out, but if
in the Court the mediation is first, then if the mediation process is not
conducive, the caucus process is carried out. The use of persuasive techniques
is also carried out by using techniques to arouse fear.
Communication Strategy in Handling
Land Boundary Disputes
Communication strategy
and communication planning are two interrelated and complementary aspects, both
of which are key in determining the achievement of a goal. A communication
strategy is an optimal plan that combines various communication elements to achieve
the desired goal. Meanwhile, communication planning refers to a process of
conscious and systematic communication activities in formulating consistent
policies toward achieving the desired goals. Therefore, communication strategy
will naturally start with communication planning because planning is the
primary capital in developing a strategy (Ummah et al., 2021).
Canara (2014) introduces that communication planning consists of nine
models. Based on the research results, the five-step communication planning
model is suitable for analyzing communication strategies in handling land
boundary disputes at the Lhokseumawe City Land Office.
The five-step communication planning model consists of
five stages, namely research, planning, implementation, measurement/evaluation,
and finally, reporting. Meanwhile, the handling of land boundary disputes is
based on Article 6 paragraph (1) of the Regulation of the Minister of Agrarian
and Spatial Planning / National Land Agency Number 21 of 2020 concerning
Handling and Settlement of Land Cases stating that dispute handling is carried
out through seven stages, namely case assessment, initial title, research,
exposing research results, coordination meetings, final title and finally case
settlement, the number of stages in handling disputes is seven stages. This is
also in accordance with the results of the researcher's interview with
Informant Miftahul Rahmah, who said: "..... As for the stages, we are
still in accordance with Permen 21 of 2020 ".
Suppose the stages of
the five-step communication planning model and the stages of handling land
boundary disputes are juxtaposed. In that case, it can be seen the suitability
and relevance of the communication planning process and the handling of land boundary
disputes. The stages in the five-step communication planning model can be
linked to the stages in handling land boundary disputes to achieve
compatibility and continuity in the process. The comparison of the stages
resulted in the following:
1. The research stage in the five-step communication
planning model, when juxtaposed with the stages in the dispute-handling
process, is the case assessment stage.
The research stage in the five-step communication
planning model refers to the process of gathering information and an in-depth
understanding of the situation or issue to be addressed by an
organization/institution. This stage includes problem identification, audience
analysis, and an in-depth understanding of the context and challenges to be
faced. This is similar to the case assessment stage in handling land boundary
disputes, which involves an in-depth analysis of the problem, including the
identification of legal, geographical, and administrative aspects relevant to
the case. At this stage, the measurement section will go to the field where the
land boundary dispute is occurring to gather the evidence and information
needed to understand the root of the problem. It also involves identifying the
parties involved in the boundary dispute and their needs and desires regarding
the resolution of the case. The outcome of the case assessment is an employee
review and will form the basis for the initial title stage. The process of
assessing this case, as conveyed by Muhammad Arif in the interview process
said, "Go down first. If you have an internal meeting first, how do we
know the case? Not everyone can explain the case. How can the public explain
the cases?".
2. The planning stage in the five-step communication
planning model, when juxtaposed with the stages in the dispute-handling
process, is the initial title, research, and exposure of research results.
In the five-step communication model, this planning stage
is the process of preparing a communication plan or strategy that will be
applied to handle the situation or problem that has been identified. This
planning process includes selecting the right message, selecting effective
communication channels, and developing strategies to achieve the communication
goals that have been set. In addition, this planning stage will also determine
the steps that will be taken to implement the formulated communication strategy.
This is similar to the stages carried out in handling land boundary disputes,
namely the initial title, research, and exposure of research results. In all of
these processes, the team involved is a team that is included in the Decree;
the team consists of the Head of Office, the dispute control and handling
section, the land infrastructure section, and the rights determination and
registration section. All of these processes have the purpose of discussing
land boundary dispute cases in more detail, evaluating the information that has
been collected during the case assessment stage and will be carried out again
if field research is still needed. However, if it is not needed, it will be
continued with an expose of the research results which is helpful in
formulating the handling strategy to be applied. During the meeting, the
participants who are included in the Decision Letter in handling land boundary
disputes will discuss the following steps to be taken in the process of
resolving land boundary disputes and determine their respective roles in
implementing the chosen communication strategy.
3. The implementation stage in the five-step communication
planning model, when juxtaposed with the stages in the dispute-handling
process, is the coordination meeting.
In the five-step communication planning model, the implementation
stage is the implementation of the communication plan that has been developed.
This is the stage where the strategies and tactics that have been designed
begin to be implemented. This implementation includes the use of various
communication channels, the delivery of messages to target audiences, and the
direct implementation of communication strategies. During this stage,
implementers need to ensure that messages are delivered clearly and effectively
in accordance with the objectives set out in the planning. This is suitable in
relation to the process of handling land boundary disputes in the form of
coordination meetings. Coordination meetings in the process of handling
disputes are meetings held to discuss strategies and steps to be taken in
handling disputes. However, the implementation carried out by the Lhokseumawe
City Land Office at this stage actually summoned the parties involved in the
land boundary dispute; at this stage, the Lhokseumawe City Land Office issued
its communication strategy in the form of an approach to each party to the
dispute, where in this case it was asked what the parties wanted.
4. Next is the measurement/evaluation stage in the five-step
communication planning model. When juxtaposed with the stages in the
dispute-handling process, this stage is the final degree.
The measurement/evaluation stage in the five-step
communication planning model is the stage where the results of communication
strategies and actions are systematically evaluated. In this stage,
measurements are made of the extent to which communication objectives have been
achieved, the effectiveness of the messages conveyed, and the impact of the
communication activities carried out. This evaluation provides insight into the
performance of the communication strategy that has been implemented and helps
in determining whether changes or adjustments are needed to achieve the desired
communication objectives. The final degree stage in the land boundary dispute
handling process is the final stage, where the parties involved in the dispute
come together to conduct a final mediation and resolve the land case. The final
degree is intended to evaluate the handling that has been carried out, ensure
the suitability of evidence data and witness and expert testimony, refine the
case file, and determine whether or not the application of laws and regulations
to the case is appropriate. The two stages are similar in terms of evaluation,
where both are the final stages in the process that aim to evaluate the final
results of the efforts made, be it in the context of communication planning or
dispute resolution. Evaluation is essential to ensure that the process is
effective and delivers the desired results.
5. Case resolution is the reporting stage in the five-step
communication planning model when juxtaposed with the stages in the
dispute-handling process.
The reporting stage in the five-step communication
planning model is where the results of the evaluation and implementation of the
communication strategy are shared with relevant parties. It involves preparing
a report detailing the results of the evaluation, the achievement of the
communication objectives, as well as recommendations for future improvements or
adjustments. In this stage, the report is compiled comprehensively by taking
into account the data and information collected during the implementation
process. The report is then submitted to the parties involved in the
communication planning process, such as management, clients, or other
stakeholders. The primary purpose of the reporting stage is to ensure
transparency, accountability, and organizational learning. Through this report,
relevant parties can understand the results of the communication strategy that
has been implemented, as well as gain insights to improve the effectiveness of
communication in the future. The final stage of land dispute resolution is the
stage of land case settlement, where in this process, a case settlement
proposal letter is produced. The case settlement proposal letter results in a decision
with the following criteria:
a. Criterion One (K1) if the solution is final, in the form
of:
1) cancellation decision;
2) peace; or
3) a letter of refusal may not be granted.
b. Criterion Two (K2) is:
1) A letter of instructions for Case Settlement or a letter
of determination of the entitled party, but the settlement decision cannot be
followed up because there are conditions that must be met, which are the
authority of other agencies;
2) A letter of recommendation for Case Settlement from the
Ministry to the Regional Office or Land Office according to its authority and
the Regional Office to the Land Office or a proposal for Settlement from the
Land Office to the Regional Office and the Regional Office to the Minister.
c. Criterion Three (K3) in the form of a notification letter
is not the authority of the Ministry.
In the
process of resolving land disputes, the basis of the report is the minutes of
the results of the final title.
From some of the
explanations above, the communication strategy used by the Lhokseumawe City
Land Office is the use of caucuses before mediation. Previous research
conducted by (Irvan et al., 2014), (Jalil, 2014), and (Frisutami, 2016) show that land dispute resolution is generally carried
out through the mediation process. This finding is also in line with research
conducted by (Martina et al., 2020). However, their research is related to the settlement of
information dispute cases. The results of their research also show that in
resolving information dispute cases, the mediation process is often involved.
The Lhokseumawe City Land Office indeed uses the mediation process in handling
land boundary disputes. However, what became their strategy so that they could
get the award three times in a row was the meeting with each party involved in
the dispute first this in the mediation process in the Court is called a
caucus. (Wakhidah et al., 2024) explain that a caucus is a meeting involving a mediator
and one party involved in conflict resolution, where conversations and
information shared are considered confidential to the other parties involved.
Caucuses can involve one party and their lawyer or involve one party without
the other party present and usually occur during the mediation process. The
functions of a caucus are as follows:
1. I am overcoming deadlock and exploring the hidden
interests of each party.
2. Provide opportunities to provide additional information
and investigate hidden agendas.
3. Assist the mediator in understanding the motivations of
each party involved.
4. Assess the level of reality and consider proposed
options.
5. Steer the parties towards constructive negotiations.
6. Develop and evaluate new alternatives in conflict
resolution.
The Lhokseumawe City
Land Office conducts a caucus process by summoning the parties through
correspondence. First, a meeting is held with one of the parties, and then, on
the following day, only the other party is summoned. The separate summons is
carried out to ask how they viewed the dispute case and what each party wanted.
The communication process is conducted face-to-face, and local languages are
used if the disputing parties do not understand or use Bahasa Indonesia.
Dimensions of Communication in
Handling Land Boundary Disputes
(Riinawati, 2021) The communication dimension of organizational life
consists of internal communication and external communication. Internal
communication is communication that occurs between people in the organization
in the process of dividing tasks in order to achieve communication goals.
Internal communication is divided into two dimensions and two types.
The dimensions of
internal communication include vertical and horizontal communication. Vertical
communication refers to the reciprocal flow of top-down and bottom-up
communication. In vertical communication, managers provide directions,
information, and explanations to subordinates, while subordinates provide
feedback, proposals, or reports to managers. On the other hand, horizontal
communication is communication between members of the organization who have
equal positions. Unlike vertical communication which tends to be more formal,
horizontal communication is often more informal and more memorable in
peer-to-peer interactions.
Types of internal
communication include personal communication and group communication. Persona
communication is communication carried out directly or indirectly. For
communication processes carried out indirectly, it is called media persona
communication, because communication is carried out through the media of
letters, telephones, or messages. Group communication is carried out
face-to-face communication process through a meeting and briefing.
From the results of
interviews conducted by researchers with informant Miftahul Rahmah and the
results of observations made by researchers when visiting the Lhokseumawe City
Land Office, internal communication that occurs among Lhokseumawe City Land
Office employees in handling land boundary disputes is carried out vertically
and horizontally, as well as persona and group. The vertical and group
communication processes are put together during the initial title meeting
stage, where a meeting is held to report and discuss land boundary dispute
cases that are included in the complaint register to the Head of Office. In
this case, communication occurs between the Head of the Lhokseumawe City Land
Office and employees from the Land Infrastructure Section, the Rights
Determination and Registration Section, and the Dispute Control and Handling
Section. Communication takes place reciprocally, where employees explain the
causes of land boundary disputes, what happens in the field, and how conditions
are in the field.
Horizontal and personal
communication is also carried out by employees involved in the process of
handling land boundary disputes. Communication between employees, starting from
the Land Infrastructure Section, the Rights Determination and Registration Section,
and the Dispute Control and Handling Section, is carried out face-to-face while
remaining relaxed and not rigid in the Lhokseumawe City Land Office. However,
sometimes communication is also carried out using telephone media or WhatsApp
messages if the employees involved are not in the Office.
The dimension of
communication in organizational life also includes external communication.
External communication is communication that occurs between leaders or
organizational administrators and audiences outside the organization (Fa'iz,
2024). In the context of handling land boundary disputes, external
communication refers to the interaction that occurs between leaders or
representatives of the Lhokseumawe City Land Office and the community involved
in land boundary disputes. There are two directions in external communication,
namely, from the institution to the community and vice versa, from the
community to the institution. In handling land boundary disputes, the
Lhokseumawe City Land Office, in this case, acts as an institution that carries
out the external communication process to the community involved in the land
boundary dispute through a series of meetings, which are part of the stages of
handling land boundary disputes. Through these meetings, the Lhokseumawe City
Land Office acts as a facilitator to facilitate interaction between the parties
involved in the dispute.
Persuasive Communication Techniques
in Handling Land Boundary Disputes
The results of the
researcher's interview with Informants Miftahul Rahmah, Rijal, Mr. Akhyar
Sirajuddin, and Mrs. Fitriani explained that the persuasive communication
techniques used in the process of handling land boundary disputes in this case
when conducting the mediation stage are using integration persuasive techniques
and techniques to arouse fear. The delivery of persuasive messages using these
techniques is delivered with positive sentences; although it arouses fear, it
is only to scare so that the parties involved can be affected; it is not done
to have a negative effect.
During the process of
handling land boundary disputes, the Lhokseumawe City Land Office organizes a
series of meetings with the parties involved in the dispute. The meetings are
not only aimed at discussing the dispute case but also as a forum for conducting
communication approaches aimed at influencing the parties involved to reach an
amicable agreement.
The communication
approach is carried out using persuasive techniques, the techniques used are
integration techniques and techniques to arouse fear. The use of integration
techniques is needed because the purpose of using this technique is for the
communicant to feel the sincerity of the communicator. This is in line with
what was conveyed by Mrs. Fitriani, who stated that when facing stubborn
people, we must be able to touch their hearts by playing with their ego, taking
a family approach that makes him think we are of the same mind as him, and then
touching with religious elements. This approach is expected to have a good
effect on the process of handling land boundary disputes. Previous similar
research from (Rubino et al. 2023) also found that a family approach is needed to succeed
in the socialization of the program to be carried out.
Furthermore, in handling
land boundary disputes, fear-inducing techniques are often used. This technique
is applied by providing an understanding that if mediation is unsuccessful,
then the dispute must be resolved through the courts. The parties involved are
told that the court process will be complicated, costly, and a waste of time.
Thus, it is intended to encourage the parties to be more serious in trying to
reach an agreement through mediation. This research also found that in the
process of influencing the parties involved in land boundary disputes, the
Lhokseumawe City Land Office also always urged the parties to install and
maintain their land stakes.
The results of this
study show the existence of novelty, namely the caucus process before the
implementation of mediation in the process of handling land boundary disputes
or other land disputes. The caucus process used by the Lhokseumawe City Land
Office is by calling each party involved separately to ask what they want. In
general, previous similar studies on communication strategies in handling land
disputes have used the mediation process but did not use the caucus process, so
it can be a novelty in this research.
CONCLUSION
The conclusion in this study shows that
communication strategy and planning are interrelated and complementary, both
are important to achieve goals. This research uses the five-step communication
planning model to analyze the strategy for handling land boundary disputes at
the Lhokseumawe City Land Office. The stages in this model are adapted to the
dispute handling process and show that the office uses a caucus process before
mediation, unlike the general approach of direct mediation. The communication
process between leaders, employees, and between employees, both internally and
externally, is very important in determining the objectives of dispute handling.
Internal communication occurs vertically and horizontally through meetings,
phone calls, and messages, while external communication involves the office
acting as a facilitator. Persuasive techniques such as integration
(negotiation) and inducing fear (explaining consequences) are used effectively
in resolving disputes.
This study has several important
implications. First, the importance of structured communication planning and
strategy in handling land boundary disputes can serve as a guide for other
government agencies in managing similar conflicts. Second, the use of effective
persuasion techniques can enhance the efficiency of dispute resolution.
Therefore, it is recommended that the Lhokseumawe City Land Office continue to
develop internal and external communication skills through training and
capacity building. Additionally, further research is needed to explore other
communication models that can be applied in different contexts to enrich
approaches to land dispute resolution.
ACKNOWLEDGEMENT
The authors would
like to express their deepest gratitude to the Ministry of Communication and
Information Technology (KOMINFO) for financial aid in carrying out this
research. The first author also offer sincere appreciation to KOMINFO for
supporting them during their study at Universitas Sumatera Utara.
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