From Non-Judicial Mediation to Multi-Forum Litigation: Jurisdictional Fragmentation in Waqf Land Conflicts in Indonesia
Year: 2026
Type: article
Abstract: Disputes over waqf land may arise not only from its waqf status but also from institutional relationships, cooperation agreements, and land administration issues. This study examines the escalation of a dispute between two educational foundations in Central Java, originating from educational management cooperation, proceeding through non-judicial mediation, and ultimately developing into litigation across multiple judicial forums. Using a qualitative socio-legal design and law in books and law in action approaches, data were collected from court decisions, party documents, semi-structured interviews, and field observations. Interviews conducted from October 2025 to March 2026 involved judges, mediators, advocates, foundation trustees and chairs, and witnesses. Data were analyzed through thematic analysis and conflict trajectory analysis. The findings reveal that the dispute primarily stemmed from unclear provisions concerning the duration and termination of the cooperation agreement and differing interpretations of the consequences of converting the asset into waqf. Non-judicial mediation failed because the participating representatives lacked substantive decision-making authority. The dispute subsequently entered multiple judicial forums: the Ontowiryo Foundation (pseudonym) pursued contractual claims before the District Court under Case No. 479/Pdt.G/2024/PN.Smg, while the Jadidah Foundation challenged administrative errors in the waqf certificate before the Administrative Court (PTUN), naming BPN and the Ontowiryo Foundation as an intervening defendant. The proceedings continued through appeal and cassation. The study demonstrates that legal pluralism and differentiated judicial authority allow distinct dimensions of a single conflict to be addressed in separate forums, resulting in jurisdictional fragmentation. Clear cooperation agreements, accurate waqf administration, and dispute resolution involving actors with substantive decision-making authority are therefore essential to prevent escalation into litigation.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7224126206