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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
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.
Legal Protection For Land Rights Holders In The Implementation Of Electronic Certificates Under Regulation Of The Minister Of Agrarian Affairs And Spatial Planning/Head Of The National Land Agency No. 3 Of 2023 Arif Rahman; Zuhrah; Syamsuddin
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.v5i3.4111

Abstract

Advances in information technology have driven digital transformation in land administration through the implementation of electronic certificates as part of the modernization of Indonesia’s land registration system. This policy is legally grounded in Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. This study aims to analyze the legal protection provisions for land rights holders in the implementation of electronic certificates, assess the effectiveness of their application within the land registration system, and identify the factors influencing legal protection for land rights holders. The study employs a normative legal research method using legislative, conceptual, philosophical, and case-based approaches. The legal materials consist of primary, secondary, and tertiary sources, analyzed using a descriptive-qualitative approach. The results indicate that, from a normative perspective, the implementation of electronic certificates has provided a sufficiently strong legal basis for ensuring legal certainty and legal protection for land rights holders. However, the effectiveness of their implementation is still influenced by the readiness of information technology infrastructure, the security of electronic systems, the quality of human resources, the integration of land data, and the level of public trust in digital systems. Therefore, strengthening regulations, enhancing institutional capacity, and improving information security systems are crucial factors in achieving optimal legal protection through an electronic land registration system.
Legal Politics of Space Utilization and Application of Sanctions Residential Areas in the Bima City Regional Spatial Plan Mustamin; Ridwan; 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.v5i3.4207

Abstract

This study examines the legal policy of spatial use for residential areas and the mechanisms for imposing sanctions in the Regional Regulation on the Regional Spatial Planning (RTRW) of Bima City. Using a descriptive analytical method with a normative juridical and sociological approach, the results show that the regulation of spatial use in residential areas has not been fully implemented optimally due to the high rate of land conversion and settlement expansion in disaster-prone zones. The application of administrative, criminal, and civil sanctions for spatial planning violations still faces institutional challenges, coordination, and consistent law enforcement. Therefore, strengthening control instruments, harmonizing regulations post-Job Creation Law, and increasing public legal awareness are needed to achieve orderly, sustainable spatial planning in Bima City.
OPTIMALISASI DAKWAH KEMANUSIAAN PIMPINAN DAERAH AISYIYAH KABUPATEN BIMA MELALUI EDUKASI LEPRA DAN BUDAYA KONSUMSI BUAH BAGI MASYARAKAT BIMA Rahmawati; Husnatul Mahmudah; Zuhrah; Mega Oktaviany; Aman Maarij; Nurfitriani; Gufran; Nasrullah; Bulqis
ABDI KAMI: Jurnal Pengabdian Kepada Masyarakat Vol. 9 No. 1 (2026): (April 2026)
Publisher : LPPM Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/2tfwta83

Abstract

Bima Regency, West Nusa Tenggara, recorded a leprosy incidence rate of 4.7 per 10,000 population in 2023, far exceeding the national elimination threshold of less than 1 per 10,000 established by the Indonesian Ministry of Health. This epidemiological situation is compounded by micronutrient deficiencies, particularly vitamin C and zinc found in local fruits, which play a crucial role in maintaining cellular immunity against Mycobacterium leprae. This community service aimed to optimize the humanitarian da'wah capacity of the Aisyiyah Regional Board (PDA) of Bima Regency through two integrated interventions: community-based education on early detection, prevention, and leprosy destigmatization; and strengthening the local fruit consumption culture as an immunonutrition strategy rooted in local wisdom. The methodological approach employed was Community-Based Participatory Action Research (CBPAR) involving 128 Aisyiyah cadres, 64 registered leprosy patients, and 240 family members from eight sub-districts over six months. The conclusion results show an increase in knowledge about leprosy by 67.4% (p<0.001), a decrease in community stigma scores by 41.2% based on the Explanatory Model Interview Catalogue–Stigma (EMIC-S) instrument, and an increase in the frequency of daily fruit consumption by 53.8% in the target group. The novelty of community service is the integration of the Muhammadiyah dakwah bil-hal framework with an immunonutrition approach based on local Bima fruit that has never been reported in previous community service literature. These findings provide an empirical basis for the formulation of a community health intervention model integrated with Islamic values ​​and local food potential.