EFECTIVITAS MEDIASI NON-LITIGASI BERBASIS 'KIAI KAMPUNG' DALAM PENYELESAIAN SENGKETA WARIS ADAT-ISLAM DI MASYARAKAT PESISIR LUMAJANG

Abstract

Abstract The resolution of inheritance disputes in Indonesia is often faced with a dilemma between the certainty of positive law and the reality of customary law. In the coastal community of Lumajang, particularly in the Districts of Pasirian and Tempursari, there is a strong acculturation between Islamic Law (Faraid) and Customary Law (Gono-gini/Segendong Sepikul). This study aims to analyze the effectiveness of non-litigation mediation based on 'Kiai Kampung' (Village Kiai) in resolving these inheritance disputes using a Restorative Justice approach. This research employs empirical legal methods with a descriptive qualitative approach. Data were collected through in-depth interviews with Kiai Kampung, customary leaders, and heirs, as well as participatory observation. The results indicate that the pattern of inheritance distribution tends to deviate from Faraid towards the principle of equal justice (Gono-gini) to maintain family economic harmony. The role of Kiai Kampung is crucial as a mediator who utilizes cultural and religious authority to quell conflicts. This study concludes that this dispute resolution practice can be categorized as Al-Urf Sahih (Valid Custom) as it aligns with Maqashid Syariah, namely preserving lineage (Hifz an-Nasl) and preserving mental peace (Hifz an-Nafs), and is considered more effective in preventing generational enmity compared to the litigation route. Keywords: Non-Litigation Mediation; Kiai Kampung; Customary-Islamic Inheritance; Restorative Justice; Al-Urf.