THE EFFECTIVENESS OF MEDIATION INTEGRATING THE ROLE OF COLLEGE’STHE INSTITUTE FOR LEGAL AID TOWARDS THE AGRARIAN CONFLICT IN THE PROVINCE OF SOUTHEAST SULAWESI, INDONESIA

Muh.Sjaiful 1 , OheoKaimuddinHaris 2 and Haris Yusuf 2 . 1. Lecturer at Faculty of Law, Halu Oleo University. 2. KampusBumiTridharma. Jl. H.E.A Mokodompit Kota Kendari 93232. ...................................................................................................................... Manuscript Info Abstract ......................... ........................................................................ Manuscript History Received: 06 September 2018 Final Accepted: 08 October 2018 Published: November 2018

Southeast Sulawesi Province is one of the regions located in Indonesia. This region has geographic regional characteristic with maritime contour which almost dominates the mainland. The potential of maritime territory owned by Southeast Sulawesi Province, makes this region very rich in marine fisheries. Not only has the maritime region potential, Southeast Sulawesi also has a vast forest and field area. The vast potential of the land area also causes problems for the people of Southeast Sulawesi. The emerging problem, according to researchers' observation, is the increasing number of agrarian conflict 1 in the community. The agrarian conflict continues, so it can disrupt the harmonization of the social life of the community. The results of previous research by researchers, namely in 2017 showed that the agrarian conflict, among others, was the most prominent land dispute, which was the type of dispute, the researchers described it as follows: 621 Land disputes which are a phenomenon in the people of Southeast Sulawesi, as exposed in the table above, are generally resolved in various ways as described in the table below: The resolution for the agrarian conflict 2 in Southeast Sulawesi, which is resolved in various ways as exposed in the table, some of which resolved the dispute, does not seem to have the effective effect of maintaining social harmonization between member of community involved in agrarian conflict 3 . In connection with that, researchers offer the model for land dispute resolution through mediation integrating the role of college'sthe institute for legal aid. Based on the result's researchof 2017, the researchers initiate the concept for mediation by involving the college'sthe institute for legal aid 4 to resolve agrarian conflict in Southeast Sulawesi, Indonesia. This mediation model, which is one model of non-litigation dispute resolution, is expected to provide legal certainty and can guarantee social harmonization among the residents of Southeast Sulawesi.

Method of Research
This research is legal research with an empirical approach 5 . That is a legal research which investigates the symptoms of law in the midst of society 6 . Legal research on this model is used to find out the attitudes and knowledge of the peoplefor the process of enforcement the law including the effectiveness of a legal product as a tool to change people's behavior into a conductwhich is obedient to the law. For this reason, the data collected in this research for the sake of analysis are primary data and secondary data. Primary data is in the form of interviewwith respondents who know deeply the dynamic of agrarian conflict which occurred in the Southeast Sulawesi of Indonesia. While secondary data, in the form of written data, both in the form of document, statistical data, and other literature as material that can support the analysis of this research.

The Result of Research Description of the Agrarian Conflict which was held by the Appellate Court of the Southeast Sulawesi of Indonesia
In the following section, the researchers present data on land conflict whichheld by the Appellate Court of the Southeast Sulawesi from 2016 to June 2018, as follows: Data show that land cases decided by the Appelate Court from 2016 to 2017, have increased while those from 2017 to June 2018 have decreased. Agrarian cases in the Southeast Sulawesi High Court which tended to fluctuate, based on the results of observations by researchers, were more due to the culture of Southeast Sulawesi communities that in the face of land disputes still made the court route the last option in resolving land disputes between them. That is, the people of Southeast Sulawesi are still trying to take other ways outside the court when they are struggling with land cases. The results of interviews of researchers to a number of advocates in Southeast Sulawesi who deal with land disputes stated that land case fluctuations in the Appelate were partly due to: First, the number of land cases which enter every district court in several cities and regencies is still piled up. There are also those who have already had the power of a judge's decision which is permanent, final, and binding, so that several existing land disputes, in large part, have not continued until the appeal level.Second, the people of Southeast Sulawesi are people who still adhere to kinship values, so that in resolving land disputes, the court approach (litigation) has not been taken before being settled in a family manner. The strength of kinship, the legal culture of the people of Southeast Sulawesi is a legal culture which still puts forward the values of kinship and social relation, although the culture of Southeast Sulawesi still maintains its rights, especially concerning land rights, which often lead to prolonged conflict but they are generally still out of court to resolve land conflict.

Model of Mediation in Resolving Agrarian Conflict by Involving the Role of College'sthe Institute for Legal Aid in Southeast Sulawesi Province, Indonesia
In previous studies, researchers offered a model of agrarian conflict resolution in Southeast Sulawesi province which integrates the role of college. This model, can be designed in two forms: The First Model, mediation by not involving the role of the court. This model is very suitable if the parties to the dispute really do not involve the court, so that those who act as mediator is third parties, namely College's the Institute for Legal Aid. Through this model, the parties can appoint themselves or through community leaders, to use the College'sthe Institute for Legal Aid insettlement of agrarian conflict which is being proposed by the parties. The idea of the model is as follows: After the College's Legal Aid hasagreed upon by the parties to become mediator in the settlement of agrarian disputes, 623 the College's Legal Aid will bring the parties in a special forum using a place which they agree.The design of this model, the researchers divide it into three stages, as follows: The first stage, which is called the assessment or the verification. At this stage, the College's Institute for Legal Aid explains the objectives and final objectives of the mediation whichwill be carried out. This stage, at least, can also present community leaders or religious leaders who have position which can be heard by the parties in the dispute, if indeed there is a mutual agreement. This first stage, the mediator introduces himself, including the parties in the dispute, who also introduces themselves. When accompanied by a lawyer, he or she also introduces himself or herself by including the document of special power from the party whoin representing. Leaders of Community or religious leaders who were present in the mediation process, of course, were asked to introduce themselves. The first stage of the continuation of this mediation is the initial stage of the mediator requesting a chronological dispute event and verifying land cases that are being disputed by the parties. The mediator also listens to the mutual agreement which is the best solution for resolving the agrarian conflict.
The second stage, is the stage of discussion or deliberation from the parties, as well as dialogue mediated by the mediator, the aim of which is to find a meeting point as an agreement to produce decision that can be implemented by the parties based on the concept of "win-win solution". If it is deemed necessary, the process of discussion or deliberation, asks for advice or consideration from lawyer or community leaders. This second stage is the entry point of the whole series of mediation processes, so this stage runs long.
The third stage, the last stage or conclusion. This stage is the finalization of the whole series of mediation processes. This is the last stage that really determines whether the parties accept or reject the land dispute resolution decision whichis initiated at the meeting. If there is a refusal, the mediation process is considered unsuccessful, then it is left to the parties to proceed to the court. If the concept initiated is accepted by the parties as a binding decision for solution to land dispute resolution among them, the decision by the mediator is set forth in a written document, in the form of a Memorandum of Understanding (MoU). To strengthen the legality of the MoU, the parties are required to sign the content of the clause contained therein as a sign of agreement, which is signed by the mediator, including lawyer and community leaders or religious leaders in mediation. We as researchers recommend that the MoU should be approved by a notary public to strengthen the legality and legally binding which can be adhered to by the parties in dispute. Thestage of the mediation model, practically, the same as the illustration of the first mediation model, only the difference is involving a judge as mediator appointed by the court. Its legal strength has very strong legality than first mediation model, because the final mediation decision agreed upon by the parties is contained in a written document issued by the court called "the Peace Deed". This document has legal force which must be adhered to by the parties, so its position is the same as the court decision. The parties are not permitted to appeal its. In the following section, researchers describe a diagram of the mediation model involving the College'sThe Institute for Legal Aid, as a model for resolving agrarian conflict in Southeast Sulawesi:  Mediasi belum efektif 1 10 3 Tidak memberikan jawaban 1 10 JUMLAH 10 100 Sumber: Data Primer (hasil angket, diolah), Juni 2018.
The table above shows that most of the respondents held the view that mediation in the context of resolving agrarian conflict in Southeast Sulawesi was effective because the characteristic of mediation resulted in a "win-win solution" not "win or lose". This is in accordance with the legal culture of the peopleof Southeast Sulawesi who chose nonlitigation to resolve agrarian conflict. Meanwhile, 1 respondent stated that the mediation model was not effective, if the land dispute was resolved through the role of lawyer, because lawyer often did not give advice to their clients to take dispute resolution through mediation. Mediation through the role of The Institute for Legal Aid of the College, can be effective when the legal parties joining to improve legal skill, including participating in mediator training held by the Indonesia Supreme Court. The training certificate given by the Supreme Court can be a document which legitimizes academics who are activists fighting for the rights and enforcers of justice for the poor in Indonesia.

THE MEDIATION MODEL FOR SETTLEMENTOF AGRARIAN CONFLICT INTEGRATING COLLEGE'S LEGAL AID
Based on this discussion, the existence of mediation as an institution for non-litigation in handling the agrarian conflict in Southeast Sulawesi.It is very relevant. Moreover, the legal culture of the Southeast Sulawesi people, still in kinship values. This view is also stated by the Chairman of District Court of South Konawewhich mediation was the institution for resolving agrarian conflicts in Southeast Sulawesi, was relevant and effective in avoiding horizontal conflict in the Southeast Sulawesi community.

Conclusion and Recommendation:-
The existence of mediation as an institution for resolving the agrarian conflict in Southeast Sulawesi is very relevant. Moreover, the legal culture of the people of Southeast Sulawesi community still holds kinship values.
We, the Researchers, recommend that the mediation model which integrates the role of the College's the Institute for Legal Aid to be immediately followed up by the Southeast Sulawesi Government by involving law apparatus and judges, which are formulated in the regional regulation, as a normative juridical basis for resolving agrarian conflict which prioritizes the values of justice in Southeast Sulawesi, Indonesia.