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All Journal Bulletin of Community Engagement Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan
Iksan
Universitas Muhammadiyah Bima, Indonesia
Religion Arts Humanities Education Social Sciences Other

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Child Marriage Dispensation and the Paradox of Legal Protection: A Normative Analysis of Judges' Legal Reasoning Sri Atika; Iksan; Zuhrah
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.2346

Abstract

This article examines the practice of child marriage dispensation within the Indonesian marriage law system by highlighting the paradox of legal protection embedded in judicial reasoning. Following the reform of the minimum marriage age under Law Number 16 of 2019, the study aims to analyze whether the dispensation mechanism is applied consistently with the objective of child protection. Employing a normative legal research approach, this study analyzes statutory regulations, child protection principles, and the structure of judicial reasoning in court decisions granting child marriage dispensation. The findings reveal that although child protection is normatively acknowledged, judicial practice tends to prioritize short-term pragmatic and social considerations, thereby weakening the preventive function of the minimum marriage age norm. Judicial reasoning frequently normalizes dispensation as an expedient solution, resulting in a shift from substantive child protection to a formal-procedural approach. This article concludes that strengthening child protection in child marriage dispensation cases requires a reorientation of judicial reasoning that consistently places the best interests of the child as the primary evaluative standard and substantive objective in judicial decision-making
Legal Discrimination in Settlement of Children's Cases as a Criminal Act Perpetrator Zainal Arifin; Musmuliadin; Iksan
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.2347

Abstract

This article examines discrimination against children in conflict with the law, which remains a serious issue within the juvenile justice system, particularly due to the dominance of a retributive paradigm that positions children primarily as objects of punishment. The study aims to analyze the extent to which the restorative justice paradigm can function as an instrument to eliminate discrimination within the juvenile criminal justice system by emphasizing a comprehensive understanding of its fundamental principles. This research employs a qualitative method with a library-based research design, conducted through the analysis of national legislation, legal doctrines, and relevant international human rights instruments, including the Child Protection Law, the Juvenile Criminal Justice System Law, the United Nations Convention on the Rights of the Child, and the Universal Declaration of Human Rights. The findings indicate that, from a normative perspective, restorative justice is consistent with the principles of non-discrimination, the best interests of the child, and the protection of children’s rights as guaranteed under national and international legal frameworks. This paradigm not only provides an alternative mechanism through diversion but also offers a transformative framework to address and rectify retributive, stigmatizing, and potentially discriminatory tendencies within the juvenile justice system.
E-commerce Dispute Resolution Model in Indonesia: ADR (Alternative Dispute Resolution) Perspective Nur Arisah Mekadina; Iksan; Taufik Firmanto; Zuhrah
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 5 No. 3 (2025): Desember
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v5i3.3294

Abstract

The development of e-commerce in Indonesia has increased digital transaction activities while giving rise to various electronic disputes between consumers and business actors. These disputes have special characteristics, such as the use of electronic contracts, cross-regional transactions, and digital proof, so that conventional litigation mechanisms are considered less effective because they require high costs and a long time. This study aims to analyze the e-commerce dispute resolution model in Indonesia through the Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) approaches. The research method used is a mixed method with normative and empirical approaches. The normative approach is carried out through the study of laws and regulations and legal literature, while the empirical approach is used to understand dispute resolution practices on digital platforms. The results show that adr and ODR are more suitable to be applied in e-commerce disputes because they offer flexibility, cost efficiency, and quick resolution. However, the implementation of ODR in Indonesia still faces regulatory, institutional, transparency, and standard procedural constraints. Therefore, a national ODR model that is integrated with the Indonesian legal system is needed to ensure legal certainty, consumer protection, and the effectiveness of digital dispute resolution.
Co-Authors Musmuliadin Nur Arisah Mekadina Sri Atika Taufik Firmanto Zainal Arifin Zuhrah