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Journal : Empowering Humanity

DYNAMICS OF MARRIAGE DISPENSATION IN PANGKALAN BUN: IMPLICATIONS FOR CHILDREN’S RIGHTS AND PROTECTION Said Romadhon, Ahmad; Khair, Abdul; Murtadho, Ali; Andleeb, Naima
EMPOWERING HUMANITY Vol. 3 No. 1 (2025): Current Issues 5
Publisher : SMARTINDO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58765/emhum.v3i1.251

Abstract

Dispensation of marriage is one of the issues that often becomes a concern in the context of child protection in Indonesia, including in West Kotawaringin Regency, especially in Pangkalan Bun. This study analyzes the dynamics of marriage dispensation in Pangkalan Bun and its implications for children’s rights and protection. The research method used a qualitative approach with primary data obtained through in-depth interviews with religious courts, child protection organizations, community leaders, and families who applied for marriage dispensation. The results showed that marriage dispensation is often used due to economic factors, pregnancy outside marriage, and social pressure. However, this practice has the potential to violate children’s rights, such as the right to education, health, and protection from exploitation. This article recommends strengthening regulations, improving community education, and improving access to child protection services to reduce the negative impact of marriage dispensation.
MEDIATION EFFORTS IN POLYANDRY CASES IN WEST KOTAWARINGIN REGENCY Khudori, Sofyan; Khair, Abdul; Soeradji, Elvi; Fauzi, Fitriya
EMPOWERING HUMANITY Vol. 3 No. 1 (2025): Current Issues 5
Publisher : SMARTINDO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58765/emhum.v3i1.253

Abstract

Polyandry, although rare, is a complex and controversial phenomenon in Indonesia, including in West Kotawaringin District. These cases often involve conflicts of law, religious norms and customs that require specialized resolution approaches. This article aims to explore the effectiveness of mediation as a dispute resolution method in polyandry cases in the region. Using a descriptive qualitative approach, the research relies on in-depth interviews with perpetrators, mediators, religious leaders, customary leaders, as well as analysis of relevant legal documents. The results show that mediation has significant potential in resolving polyandry cases, especially as this approach prioritizes dialogue, mutual understanding and adjustment to local norms. However, the success of mediation is often constrained by differences in legal interpretation between adat and religion, lack of mediator capacity, and resistance from the parties involved. Nonetheless, some cases were successfully resolved through adaptive mediation, resulting in solutions that were more acceptable to all parties. The research concludes that mediation can be an effective alternative in resolving polyandry disputes if supported by trained mediators, collaboration between stakeholders, and a culture-based approach. Strategic recommendations include improving the training of local mediators and strengthening the integration between customary, religious and state laws to create sustainable solutions.