PROSEDUR PENYELESAIAN SENGKETA PENGEMBALIAN HARTA WARIS MELALUI KESEPAKATAN PERDAMAIAN YANG MENYIMPANGI PUTUSAN PENGADILAN NEGERI NOMOR. 46/PDT.G/2025/PN.SBY

Settlement of civil disputes through a peace agreement mechanism is becoming an increasingly important alternative in the Indonesian judicial system, particularly when a court ruling does not fully reflect a sense of substantive justice for the parties involved. The purpose of this writing is to analyze the procedure for resolving inheritance recovery dispute lawsuits through a peace agreement that bypasses District Court Decicion Number 46/Pdt.G/2025/PN.Sby, and to examine the legal position of the first-level court ruling that is set aside by the peace agreement during the appeal stage. The research method used is empirical juridical with a case approach, through analysis of court decisions, legislation, and empirical field data. The research results indicate that voluntary settlement conducted at the Appellate level has legal legitimacy based on Supreme Court Regulation Number 1 of 2016, as long as the agreement is formalized in the form of a settlement deed. The decision of the First-Level Court can, in principle, be set aside to achieve an agreement that better ensures legal certainty, utility, and
fairness for the parties. This study recommends that the practice of drafting settlement agreements involve certified Mediators and be ratified through a Court Ruling to strengthen its binding force and prevent further disputes. In addition, optimizing voluntary mediation needs to be encouraged as a more effective, efficient, and justice-oriented strategy for resolving inheritance disputes within the Indonesian civil justice system.