Abstract
The purpose of this research is to study and analyze the characteristics of dispute resolution in a wetland environment through the integration of environmental aspects, culture and empowerment of rural communities. A life that is safe, orderly and peaceful, is the life of human society so that every dispute needs to be resolved. In fact, the principle of justice is simple, fast and low cost for most people. This research method uses a socio-juridical (socio-legal) approach using an interdisciplinary or "hybrid" approach between aspects of normative legal research with a sociological approach using qualitative analysis. The results show that through the settlement of disputes based on deliberation to reach consensus (badamai) based on local wisdom that grows and develops in communities in wetland areas, it is hoped that it will be able to expand access to justice in rural communities and reduce the burden of cases on formal channels. This requires a forum as an institution that facilitates the settlement of disputes outside the court at the village level.
Highlights
A dispute is a legal phenomenon, every dispute requires resolution action, there are two dispute resolution mechanisms, namely the litigation channel or through the court and the non-litigation channel or outside the court through deliberation / peace
The local wisdom values applied by the people in Banjar Regency and Barito Kuala Regency are still prioritizing peaceful dispute resolution patterns in the community, which is still preserved despite changes in the social order that has become communal heterogeneous, this is because it is a way of going downhill even though the settlement pattern in court is an option that can be taken by the community
This is inseparable from the position of the village head who is generally a figure respected by the community, in addition to Law Number 6 of 2014 concerning Villages which states that the village head is a government leader who has a strong position so that it is expected to be effective. in carrying out the role of a mediator or dispute resolution
Summary
A dispute is a legal phenomenon, every dispute requires resolution action, there are two dispute resolution mechanisms, namely the litigation channel or through the court and the non-litigation channel or outside the court through deliberation / peace. The local wisdom values applied by the people in Banjar Regency and Barito Kuala Regency are still prioritizing peaceful dispute resolution patterns in the community, which is still preserved despite changes in the social order that has become communal heterogeneous, this is because it is a way of going downhill even though the settlement pattern in court is an option that can be taken by the community. This is especially true for the condition of the people in Banjar Regency which still has the influence of the Banjar Sultanate, where peaceful methods of resolving disputes have been implemented by the Banjar Sultanate. Violators will receive minimal sanctions in the form of criticism from the public
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