Waqf Conflict Resolution Through Mediation (Islamic and Bugis Norm Perspective)

LiFalah | Muhammad Madji Amiruddin Li Falah-Jurnal Studi Ekonomi Dan Bisnis Islam Volume 4 (No.1 2019) 79-95 P-ISSN: 2541-6545, E-ISSN: 2549-6085

journal homepage: http://ejournal.iainkendari.ac.id/lifalah

Waqf Conflict Resolution Through Mediation (Islamic And Bugis Norm Perspective)

Muhammad Majdy Amiruddin1 and Yunus Shamad

1IAIN Parepare Email: [email protected]

INFO ARTIKEL A B S T R A C T The purpose of this study is to identify the Keywords: causes of disputes and to describe the dispute ADR, Dispute, Waqf, Mediation resolution process through non-litigation mediation in Islamic and Local Norm Perspective. The type of

DOI: research that compilers use is field research, namely by http://dx.doi.org/10.31332/lifalah.v4i1.1373 obtaining data from interviews, observations, and related file searches. Furthermore, this research is supported by library research as a complement. The approach in this study is a juridical-empirical approach. The results of the study concluded that The dispute that occurred was related to the status of the land that was built on top of the Madrasah DDI Labukkang. The cause of the dispute is based on two theories, the theory of Principle negotiation and the Theory of basih human needs. The mediation process is carried out through 3 stages. First is pre-mediation. Mediation conducts the plans related to the preparation of mediation. Second is the execution of mediation. The mediator presents the disputing parties, gives an opportunity to all parties to provide information. The last is the emplementation of mediation. From the syariah perspective, the mediation complies with the 12 basic principles in Islamic Mediation. From the Bugis Norms, it complies with the five norms called pangngadareng.

1. Introduction farming. Land tenure in the countryside For most of the people of Indonesia, concerns various aspects such as economic, land occupies an important position in demographic, legal, political and social daily life, moreover, for rural people whose aspects (Wiradi & Tjondronegoro, 1984). main work is farming, gardening or

LiFalah | Muhammad Madji Amiruddin

Among human relations with religious As one of the largest and oldest Islamic lands, there is an institution of land rights education institutions in South Sulawesi, called the waqf land. waqf taken from the Darud Dakwah wal Irsyad (DDI) also often Arabic verb waqafa, according to language experiences disputes over land which are means to hold or stop. In Islamic law used as the location for conducting endowment means giving up a long-lasting education. One of the madrasas under the property rights to someone or Nadzir auspices of DDI who experienced this was either in the form of individuals or in the the DDI Labukkang Islamic Boarding form of a management body provided that School. the results or benefits are used for things From various scientific works in the that are in accordance with Islamic Shari'a form of the results of research that have teachings. Assets that have been been done before, researchers found represented, out of ownership rights that writings and literature in the form of books are inherited, and not also the property of whose studies have relevance to the Nadzir or the place of submission, but are problems in this study include:: the right of God in terms of the rights of the 1. “Penyelesaian sengketa wakaf dalam general public. Hukum positif”, written by Junaidi Disputes over waqf land are a sure Abdullah and Nur Qodin in the journal thing. In various Islamic boarding schools Journal, ZISWAF, Vol. 1, No. 1, June in Indonesia, especially in South Sulawesi, 2014 STAIN Kudus. This study many cases of disputes over waqf land have discusses settlement of waqf disputes occurred. In conditions where the value with Settlement of waqf disputes and use of land is larger and wider as it is based on Indonesia's positive legal today, it allows endowments to become tradition. The equation with this legally unclear. This also creates research is the legal approach in vulnerability and facilitates deviations resolving conflict between from the legal nature and purpose of the representatives. The difference is in representative, such as the existence of the traditional values adopted by the waqf land which is no longer known, the Bugis community in solving problems. existence of waqf land that seems to have 2. Sengketa tanah wakaf dan strategi belonged to the wakif or nadzir heirs, the penyelesaiannya, written by Nur existence of disputes and claims against Fadhilah in Jure Journal, Sharia waqf lands and various other cases of waqf Journal and Law, Volume 3 Number 1, land. June 2011, Tulungagung State Islamic

LiFalah | Muhammad Madji Amiruddin

College. The study discusses several National Land Agency as a case that can be factors that cause waqf conflicts based pursued by the mediation process, the on Ralf Dahrendorf's conflict completion of this process is an effective resolution theory and its resolution thing, and a good breakthrough in efforts to strategies based on the perspective of resolve land disputes in Indonesia. Given waqf regulations. The study of this that each party does not need to deal with paper concludes that resourses, the court, and the dispute settlement interests or needs, values, agreement (mediation) directly becomes relationships and information the basis for the legalization of assets or including structure are some of the requests for land services at the local Land trigger factors of waqf conflict. Agency Office, mediation addresses Bringing problems or waqf conflicts to community needs in obtaining services in court is the last strategy of resolving the land. the conflict. In contrast to the research carried out by researchers in the 2. Research Methods settlement of complications, it will use 2.1 Types of Research the ADR (Alternative Dispute This research is included in the Resolution) approach in various category of field studies (filed resesearch) forms, such as: mediation, negotiation, (Sutrisno et al, 2004), referring to the arbitration, and conciliation and local collection of field data from observations, genius. which will be used as research material in The thesis of Naomi Helena Tambunan accordance with the study material. “Peran Lembaga Mediasi In Settling Land Basically this research is a qualitative Disputes Organized by the Jambi research that attempts to describe, analyze, Municipal Land Office ". In this thesis and interpret data collected in the research discussing about land disputes is basically process (Mardalis, 2004). In order to not all can be solved by a mediation maintain the objectivity of the research, the process. However, in each dispute between collected data will be processed according personal / individual interests, mediation to qualitative methods. The process of can be sought, even though in reality the analyzing data that has been processed is land dispute, one of which is a legal entity / by using content analysis techniques company, mediation outside the court is (content analysis). Data that has been still being sought as the first attempt. obtained will be processed and directed in Regarding land disputes categorized by the accordance with the prepared concept. The

LiFalah | Muhammad Madji Amiruddin next step is the reconstruction of the described the causes of disputes and civil implementation of waqf land in Darud dispute resolution process in Labukkang Da'wah Wal-Irsyad (DDI) Madrasah in DDI Madrasah by means of non-litigation Parepare City as a conceptual contribution mediation. that can be used as a reference and can be 2.3 Techniques for Determining applied by anyone who has an interest in Respondents dealing with conflicts over waqf land not In general there are two techniques for only in Parepare City, but in other cities or determining respondents or sampling that regions. This qualitative research can be used, namely probability sampling emphasizes the exploration process of which tends to be quantitative with representatives and handling conflicts in statistical analysis, and non-probability terms of mediation approaches that are in sampling techniques that tend to be accordance with social, political and legal qualitative. To answer specific problems conditions for waqf lands in DDI Madrasas that are difficult to disclose and not easily in Parepare. Processing data obtained from analyzed statistically, non-probability the field by correlating with various sampling techniques will be more concepts of resolution according to experts appropriate and can be more useful in the and implemented in practice the process of collecting data. Non-probability settlement in the City of Parepare in sampling techniques aim to identify things accordance with contemporary social that are still unclear in the preliminary reality. research, to get an idea of a collection of 2.2 Research Approach observation units which are then used as The research used in this study is the basis for the application of more precise descriptive research using a qualitative and accurate probability samples. approach, where the data obtained later is Because the researcher wants to not in the form of numbers but in the form identify things that are not clear about the of words. Descriptive research is research right respondent as an informant, then the that is intended to provide data as determination of the informant is the result thorough as possible about humans, of recommendations from previous circumstances, or other symptoms. The informants. The technique commonly is point is primarily to reinforce the known as snowball technique. hypotheses, so that they can strengthen old 2.4 Data Source theories, or within the framework of The source of the data obtained compiling new theories. In this study consists of two, namely primary and 82

LiFalah | Muhammad Madji Amiruddin secondary data. First is primary data 1. Observation sourced from field research called field Observation is used in order research. Primary data is sourced from the to collect data in a study, which is DDI Labukkang Madrasah Principal, the result of active and attentive Bapak Sinar and Imam Mesjd Nurul Huda actions of the soul to be aware of Labukkang, Ustaz Said. Other primary something that is desired. In this data is sourced from the Wakif and Nadzir case, Mardalis said, that of DDI Madrasah in Parepare City and observation is a deliberate and other related institutions. Each informant systematic study of social mentioned was questioned to find out data conditions or phenomena and about waqf and its management in the City psychological symptoms by of Parepare. observing and taking notes. In addition to the first primary data Furthermore, according to Moh. source, the second data source, which is Nazir said that observation is a secondary, is the finding of data from way for other standard tools for various literature review studies called this purpose, and according to library research obtained by searching for Sutrisno Hadi, observation is to keywords through catalogs and indices. conduct research as well as Then look for data through bibliogarfi observation of problems that have which are published in special themes. to do with scientific work (Hadi,

2.5 Collecting Data 1987). Collecting data in a field study is one From the several very important step. In general, data definitions above, it is understood collection methods or techniques have implicitly that observation or many ways, as stated by Suharsimi observation is to see and come Arikunto, that data collection can include directly to a research location. The (a) using tests; (b) using the interview research locations visited were the method; (c) use the observation method; Labukkang DDI Madrasah in (d) using the documentation method. Of Parepare City and Nurul Huda these methods, the authors used in this Labukkang Mosque. Interview / study are: Interview One method of data collection is by interviewing, which is getting information by

LiFalah | Muhammad Madji Amiruddin

asking the respondent directly. study was to retrieve data at the Masri Singarimbun states that study site. The most important interviews are a process of documentation data is data about interaction and communication. documents related to DDI Furthermore, it is explained again, madrasa land in Parepare City.

that in this process, the results of 2.6 Data Analyses Technique interviews are determined by The data obtained in this study is several factors that interact and processed qualitatively because this influence the flow of information. research provides an overview of the These factors are interviewers, situation and events factually and informants, respondents, research systematically regarding the factors, traits, topics contained in the and relationships between the phenomena questionnaire, and interview that are owned. After being processed situations. qualitatively, then systematically analyzed It can be understood that the records of observations of written data interviews are one form or and unwritten data, as well as predicting instrument that is often used in the results of interviews. The collected data research or in data collection, is described as findings in the research whose purpose is to obtain report. The procedure for processing data information directly from the while in the field is analyzed interactively informant. Therefore, if this and continues continuously to completion, technique is used in research, it is which consists of three activities, namely necessary to know the goals, data reduction, data display and conslusion intentions and problems needed drawing / verification. The third series of by the researcher first. In this case, data analysis techniques activities the the target or object of the authors apply as follows: interview is the Head of the

Labukkang DDI Madrasah School 1. Data Reduction and the Management of the Nurul Data reduction means Huda Labukkang Mosque. summarizing, choosing the main things, focusing on important 2. Documentation things, looking for themes and The documentation patterns and disposing of method that the author did in this unnecessary ones. In the research

LiFalah | Muhammad Madji Amiruddin

that the authors do, the data 3. Conclusion obtained from the field is quite Drawing/Verification large, so it needs to be carefully The third step in analyzing and detailed. . Because the longer qualitative data is drawing the author is in the field, the more conclusions and verification. data will be complex and Conclusions obtained from the complicated. For this reason, it is previous stage, then analyzed by necessary to immediately analyze descriptive-exploratory the data through data reduction. techniques, and using inductive- Thus the data that has been qualitative methods. That is, reduced will provide a clearer beginning with revealing specific picture, and make it easier for the facts based on opinions and author to do further data actions of the subjects of research collection, and look for it if in wakif and nadzir in the city of needed. Data reduction results Parepare based on reality. - leave data related to the cause of general facts that can be the dispute and the dispute concluded as research findings. mediation process. 3. Results and Discussion 2. Data Display In qualitative research, the 3.1 Waqf Resolution Conflict through presentation of data is done in the Mediation form of brief descriptions, charts, 3.1.1 Waqf Conflict relationships between categories, The term "conflict" etymologically flowcharts and the like. By comes from Latin "con" which means displaying the data it will be easier together and "fligere" which means to understand what is happening, collision or collision (Setiadi & Kolip, plan the next plan based on what 2011). In general, the term social conflict has been understood because the contains a series of phenomena of conflict method used in this study is and conflict between individuals through descriptive analytical, so the data class conflicts to international conflicts display carried out is mostly and conflicts. Coser defines social conflict poured into a brief description. as a struggle against values and recognition of rare status, then power and sources of

LiFalah | Muhammad Madji Amiruddin opposition are neutralized or carried out or actually did not know for sure the main eliminated by rivals (Zeitlin, 1998). cause of this dispute because the party Conflict means disputes, disputes and claimed to be so firm in declaring his conflicts. Whereas social conflict is a disapproval had long since passed away. conflict between members or the The heirs were not too knowledgeable and community that is comprehensive in life. some were difficult to find. It can only be Conflict is the process of achieving goals by concluded from the resource person, that weakening the opponent, without regard the dispute was caused by several things. to the prevailing norms and values. In Among them: another sense, conflict is a social process 1. The Theory of Principle Negotiation that takes place by involving people or Assume that conflict is caused by groups that challenge each other with the incongruous positions and differences threat of violence (Narwoko & Suyanto, in views about conflict by parties 2005). experiencing conflict. In this case, The dispute that occurred in this there were differences of views study was a dispute over the land used by between the two parties related to the the Labukkang DDI madrasa. DDI urgency of land ownership status. Madrasah and Nurul Huda Mosque are in 2. The Theory of Human Needs the same area. The status of this land is a Assume that rooted conflicts are conflict between the parties to the dispute. caused by basic human needs - The disputing parties were first, the physical, mental, and social - that are Parepare DDI Management and some of the not met or hindered. The DDI's Nurul Huda Labukkang Mosque intention to clarify the status of this Managers. This party wants that the status land was borne by other parties. The of the DDI Labukkang madrasah should be status of ownership of the land itself is the property of DDI. During this time the a very essential thing for madrasas to madrasa did not get optimal assistance get recognition from the government. from the government because of the This dispute initially caused unclear status of the land. inappropriate actions and even tended to On the other hand, there are those be anarchic. Madrasas often get threats who disagree with this. This party is from unknown parties, creating fear and actually a part of the committee of the discomfort. This also triggered DDI to mosque itself. They want the land to be the clarify the problem and resolve the dispute property of the mosque. The researcher as soon as possible. As a first step, they

LiFalah | Muhammad Madji Amiruddin initiated the resolution of the case through judiciary) cannot fulfill a sense of deliberation outside the court. justice and dissatisfaction with the judicial system (dissatisfied 3.1.2 Mediation of Conflict Resolution with the judicial system) for the 1. Mediation Concept people who are parties to the Etymologically, the term dispute. This difference in mediation comes from Latin, settlement of disputes outside the mediare which means being in the court is an alternative that can be middle. This meaning refers to the chosen in resolving disputes role displayed by a third party as a arising from the development of mediator in carrying out his task of existing conflicts. This method mediating and resolving disputes also continues to grow in various between parties. 'Being in the countries around the world which middle' also means that the finally arrived in Indonesia also mediator must be in a neutral and growing rapidly along with impartial position in resolving technological developments that disputes. He must be able to continue to propagate in people's protect the interests of the parties lives. With the ease and benefits disputes fairly and equally, that can be felt by the parties to thereby fostering trust from the the dispute, justice seekers will parties to the dispute (Abbas, certainly be interested. 2009). Mediation places more Mediation is one form of emphasis on the existence of third dispute resolution effort termed parties that bridge the disputing Alternatve dispute Resolution parties to resolve their disputes. (ADR). ADR is an effort to resolve This explanation is very important disputes through outside court or to distinguish from alternative non-litigation cooperation. forms of resolving other disputes Settlement of out-of-court such as arbitration, negotiation, disputes first appeared in the adjudication, etc. The mediator is United States (Harahap, 1997). in a 'middle and neutral' position This arises because the United between the parties to the dispute, States feels that dispute resolution and seeks to find a number of through the litigation process (the agreements so that the results are

LiFalah | Muhammad Madji Amiruddin satisfying the parties to the mediator draws up an agreement dispute. mediation as written to be signed by the parties. expeditiously as possible " Not only that, the mediator is Mediation clearly involves expected to assist in the third parties (both individuals and implementation of the written in the form of an independent agreement as a decision of the institution) that are neutral and mediation process that has been impartial, which will function as carried out. mediators. As a third party that is At the beginning of the year, neutral, independent, impartial the Regional Board of the DDI and appointed by the parties, the Parepare City Mr. Ibrahim mediator is obliged to carry out initiated conflict resolution their duties and functions based through mediation. He also on the willingness and integrity of proposed that Mr Alam Tahir be a the parties. As a party outside the mediator, which was then court, the mediator does not have approved by all parties. This compulsive authority. disputes to mediation is carried out in 3 stages, seek input on the subject matter in pre-mediation, the execution of dispute. Based on the information mediation and the implementation obtained, then the mediator can of mediation. determine the case, the 2. Mediation Stages weaknesses and strengths of each a. Pre-mediation party, then try to prepare a Mr Alam Contact the proposal for completion which is parties. The contacted party then communicated to the parties included Mr. Idris as directly. The mediator must be chairman of the able to create a conducive representative of DDI. La atmosphere for the creation of a Tuka as chairperson of the compromise between the two other party. He explored and parties to obtain win-win results. provided initial information After obtaining the agreement on mediation. The mediator from the parties on the proposal looks for evidence relating to submitted (with all changes) in the status of the land. The resolving the problem, the evidence is held by Ustaz

LiFalah | Muhammad Madji Amiruddin

Said. The purpose of the madrasa land is still State meeting planned at that time land. He showed the land was to have a win-win certificate complete with the solution agreed by both plan. parties. Mediation was held at The mediator concludes the residence of Mr Alam that this problem is a form of Tahir misunderstanding and a b. Execution difference in perception. Mediation is opened by Options are offered. Among Mr Alam Tahir directly these options are: without any specific 1. The DDI gets its legal ceremonies. Then the status. Mediator provides an 2. DDI parties obtain opportunity for all parties to building use rights. Land present their respective status only as waqf land presentations. Ust. Said 3. The DDI party gets use stated the story of the rights. The status of the beginning of the waqf. land is still owned by the Likewise with La Tuka. DDI State. stated the urgency of land Initially, the first option ownership for the is likely to become an administration and agreement. It's just that there recognition of DDI madrasas. is no involvement of the Land Some of the mosque Agency who knows more administrators expressed about this so that this option their suspicions about DDI is suspended first. The option authorities later on the status which eventually becomes a of the land. Mr Said dismissed temporary agreement is the the suspicion by stating that third, while learning more the status of the mosque's about the implications of the land had become a land of other options from the ownership, not a waqf land authorized institution. anymore. So the status will Another agreement that not change. Whereas the occurs is that there are no

LiFalah | Muhammad Madji Amiruddin

more forms of threats from mediation process the results of one party to the other. the agreement will be obtained, Although the agreement is namely a mediation agreement. not the main choice of DDI, The mediator here explains that they still accept it because it the legal consequences of is arbitrary and there is still a mediation, which later the parties continuation of the next stage can choose the best and the bad of mediation. ones. The purpose of this 3. Implementation mediation has been achieved. The Not all mediations can run existence of a peace agreement smoothly and in accordance with was established and the certainty the expected wishes. As happened of the status of the land by the in the mediation this time, the Labukkang DDI Madrasah. desire of the first party to make the 3.2 Mediation on various Perspectives land into ownership rights has not 3.2.1 Mediation in Islam been implemented. But the thing Nimer (2003) formulated 12 principles that is no less essential, namely for resolving disputes (conflicts) that were peace, can be achieved by both built by the Qur'an and practiced by the parties. In peace carried out by Prophet Muhammad. The mediation both parties who will be able to carried out in resolving this dispute when reach an agreement the results of examined in an Islamic perspective, will this agreement are referred to as a contain the following points: peace agreement, whereas if peace

is carried out in the manner and No. Islamic Principles Mediation 1. Justice The mediator has realized his justice by truly acting as a neutral party. It is also proven by giving each party the opportunity to channel their aspirations in a balanced manner. The mediator also gives a decision that is equally acceptable to each party. The rights of both parties are fulfilled.

LiFalah | Muhammad Madji Amiruddin

2. Social The mediator has carried out his duties with Khair and Ihsan. This is indicated by the treatment of both parties in a fair, good and wise manner.

3. Universal It does not favor a mediator against one party because of its status and position in society is proof that the mediator really has preserved his dignity as mediator, and also treats the parties 4. Equal Mediator views everyone in the same position in law. So that the mediator's treatment in providing legal assistance does not take into account ethnic, rank and certain groups. 5. Protecting Human Life Islam not only prohibits the elimination of the human soul, but Islam also prohibits the destruction of resources that sustain human life. 6. Achieving Peace Communication is important in resolving disputes. Direct communication between parties will be more productive in resolving disputes. Third parties are an integral part of peaceful building interventions by facilitating communication, avoiding tension, and helping to improve relationship relations. 7. Basic on Knowlodge The mediator has carried out dispute resolution in accordance with applicable standards. His ability to lead and provide options that are agreed upon is a

LiFalah | Muhammad Madji Amiruddin

reflection of the mediation of the knowledge and logic of the mediator. 8. Creative and Innovative Creativity and innovation can give birth to new choices that help achieve compromise with a sense of justice. Innovation is born from the results of mediator ijtihad. mediator able to realize peaceful efforts through; dialogue, mediation, nonviolent mobilization. 9 Forgiveness After the peace agreement was realized, both parties finally forgave each other. 10 Accountability All parties must maintain the results of the mediation decision responsible for not violating it. 11. Collaborative Both parties consciously and responsibly maintain the mediation process led by the mediator. Both parties also maintain the results of the mediation decision together. 12. Partisipative Peace manifested the results of forum participation through an open process.

3.2.2 Local Bugis Norm Pangngadereng. In this perspective, Bugis custom norms are mediation contains the following represented in 5 (five) items points (Mattulada, 1988): No. Local Bugis Norm Mediation 1. Ade’ This dispute resolution embodies justice and peace which are basic human rights. 2. Bicara Bicara is the rules of justice in a broad sense. Mediation carried out refers to the applicable law in Indonesia which is strengthened by technical instructions by the authorized institution.

LiFalah | Muhammad Madji Amiruddin

3. Rapang The results of the agreement have provided certainty so that there are no expected actions that disturb order and justice. 4. Wari Mediator has the authority that has been regulated by the Law and technical guidance. Mediators carry out their responsibilities under the applicable rules. 5. Sara Sara is a system that regulates where a king in running his government must rely on God. This mediation has also relied on and is based on rules based on religion. This can be seen in the previous discussion.

4. Conclusion to get recognition from the Based on the results of the research government. and the subject matter discussed by the 2. This mediation is carried out in 3 author above, the following conclusions stages, pre-mediation, the can be taken implementation of mediation and 1. The dispute is caused by the first, the implementation of mediation. Principle Negotiation. in this During pre-mediation, Bapak case, there were different views Alam Tahir drew up steps to between the two parties related begin the mediation process, to the urgency of land ownership contacted and summoned status. Second, Human Needs representatives of both parties. In Theory. The DDI's intention to the implementation of the clarify the status of this land was mediation, Mr Alam Tahir began, borne by other parties. The status giving the opportunity to the DDI of ownership of the land itself is a and the mosque management to very essential thing for madrasas explain the story, giving an option agreed by both parties. The

LiFalah | Muhammad Madji Amiruddin

implementation of this mediation according to a predetermined is that both parties agreed to a schedule. The good faith of the peace agreement. The parties is expected to produce implementation of the Land good decisions. Registration Object has not been 2. The importance of the peace carried out. This mediation also agreement is to guarantee the legal contains 12 points that are in certainty of the parties and to accordance with the religious avoid future disputes. perspective and 5 points according to the traditional REFERENCES norms of the Bugis. Al-Qur’an and its traslation Azzam.Abd. Aziz Muhammad, Fiqh 5. Suggestion Mu’amalat, Cairo: Maktabah al- Risalah adDauliyah, Fak. Syari’ah 5.1 For the Mediators Islamiah Univ. al-Azhar, Cairo- 1. It is better to become a mediator to Mesir, 1998 master and understand about civil Fisher. Simon, dkk, Mengelola Konflik: Keterampilan dan Strategi Untuk cases that are resolved by means of Bertindak, Cetakan Pertama, Alih mediation Bahasa S.N. Kartikasari, dkk, Jakarta: The British Counsil, 2. It is expected that all judges in Indonesia, 2001 Indonesia in handling civil disputes Fred R. Kerlinger, Foundation of are required to have a certificate to Behaviour Research, Cet. XII; Newyork: Holt Rinehart and become a mediator. Winston Inc., 1973 3. Within forty working days the Hadi. Sutrisno, Metodologi Research, mediator is required to be able to jilid I, Cet. XX; Yogyakarta: Audi Ofsser, 1987 conduct mediation as well as the James A. Black dan Dean J. Champion, mediator must be able to formulate Metode and Sosial Research, a plan so that the trial can run Alih Bahasa E. Koeswara, Metode dan Masalah Penlitian smoothly and in accordance with Sosial, Bandung: Rifika Aditama, the expectations of the parties and 1999. Jones. Tricia S. and Dan Kmitta, School it is hoped that the results will not Conflict Management: Evaluating disappoint the parties. Your Conflict Resolution Education Program, Ohio: Ohio 5.2 For the dispute parties Commission on Dispute 1. The parties to the dispute are Resolution & Conflict Management, 2001 expected to attend mediation

LiFalah | Muhammad Madji Amiruddin

Kamus Besar Bahasa Indonesia, Jakarta: Aplikasi, dan Pemecahannya, Balai Pustaka, 2005 Jakarta: Kencana Prenada Media Khathib. Muhammad, Al-lqna’,jilid I, Group, 2011 Beirut: Dar AI-Ma’rifah 1974 Soekanto.Soerjono, Kamus Sosiologi, Koentjaraningrat, Metode-metode Jakarta: PT. Raja Grafindo Penelitian Masyarakat, Jakarta: Persada, 1993 Gramedia, 1993 Sutrisno dkk, Metodologi Research Yogyakarta: Yayasan Penerbit Levine. Stewart, Getting to Resolution, Turning Conflict into Fakultas Psikologi UGM, 2004 Collaboration, San Fransisco: Syarbiny, Mughni AI-Muhtaj, Juz. 10, Kairo Berrett Koehler Publishers Inc, : Musthafa Al-Halaby,1972 1998 Vreden. Berg, Merode dan Tehnik Lexy J. Moeloeng, Metodologi Penelitian Penelitian Masyarakat, Jakarta: Kualitatif, Bandung: Gramedia, 1978 Rosdakarya, 1989 Winarto Suracmad, Pengantar Penelitian Mardalis, Metode Penelitian: Suatu Ilmiah, Bandung: Tarsito, 1990 Pendekatan Proposal, Jakarta: Wiradi.Gunawan, Pola Penguasaan Tanah Bumi Aksara, 2004 dan Reforma Agraria, dalam Mindes. Gayle, Teaching Young Children Sediono M.P. Tjondronegoro & Social Studies (United States of Gunawan Wiradi (penyunting). America: Praeger Publishers, 2006 Dua Abad Penguasaan Tanah: Pola Penguasaan Tanah Pertanian dari Moh. Nazir, Metode Penelitian, Cet. III; Masa ke Masa, Jakarta: Yayasan Jakarta: Ghalia Indonesia, 1988 Obor Indonesia dan PT Morton.Deutsch and Peter T. Gramedia,1984 Coleman, The Handbook of Conflict Resolution, Theory and Zeitlin. Irving M, Memahami Kembali Sosiologi, Yogyakarta: Gajah Practice, San Fransisco: Jossey- Bass Publisher, 2006 Mada University Press, 1998 Muhajir. Noeng, Metodologi Penelitian Zuhali. Wahbah, al-Fiqhu al-Islami Wa Adillatuhu, Damaskus: Dar al-Fikri al Kualitatif, Yogyakarta: Rake Sarasin, 1996 Mu’ashir, 1973 Munawar. Said Agil Husin, Hukum Islam dan Pluralitas Sosial, Jakarta: Penamadani, 2004 Narwoko. J. Dwi dan Bagong Suyanto, Sosiologi Teks Pengantar dan Terapan, Jakarta: Kencana Prenada Media Group, 2005 Scanell. Mary, The Big Book of Conflict Resolution Games, United States of America: McGraw-Hill Companies, Inc, 2010. Setiadi.lly M. dan Usman Kolip, Pengantar Sosiologi Pemahaman Fakta dan Gejala Permasalahan Sosial: Teori,