Journal of Law, Social Science and Management
Vol. 3 No. 1 (2026): January - June

Out of Court Settlement of Child Custody Disputes by Village Heads of Sambahule, South Konawe District: Legal Position, Procedure, and Implications

Nur Intan (Faculty of Law, Halu Oleo University, Kendari)
Sahrina Safiuddin (Faculty of Law, Halu Oleo University, Kendari)
Heryanti Heryanti (Faculty of Law, Halu Oleo University)
Jumiati Ukkas (Faculty of Law, Halu Oleo University)
LM Saleh Saputra (Faculty of Law, Halu Oleo University)
Ramadan Tabiu (Faculty of Law, Halu Oleo University)



Article Info

Publish Date
23 Jun 2026

Abstract

Background: This study examines the role and legal authority of the village head in resolving child custody disputes through non-litigious mediation in Sambahule Village, Baito Sub-district, South Konawe Regency, Southeast Sulawesi Province, Indonesia. Objectives: The objectives of this study are to analyse the authority of village heads in determining child custody rights, explain the mechanism for resolving child custody disputes, and assess the social and legal implications of village head decisions. Method: Employing a normative-empirical legal research design with a qualitative descriptive approach, data were gathered through in-depth interviews, field observation, and documentary analysis. Results: The findings reveal two principal conclusions: first, the village head possesses no direct statutory authority to formally adjudicate child custody, as such jurisdiction is vested exclusively in the Religious Court (for Muslim parties) or the District Court (for non-Muslim parties) under Law No. 1 of 1974 on Marriage as amended by Law No. 16 of 2019, and the Compilation of Islamic Law (KHI) Article 105; second, notwithstanding this limitation, the village head's role as a community mediator grounded in Law Number 6 of 2014 on Villages, Article 26(4)(k) proved socially effective in the case under study, producing a consensual, peace-based resolution within two mediation sessions held in January 2021. Conclusion: The study further reveals that village-level decisions carry no binding legal force and remain subject to formal judicial challenge. The paper recommends clearer regulatory delineation of the village head's dispute-resolution authority, mandatory mediator certification, and post-mediation court ratification to secure the legal protection of the child's best interests. Keywords: child custody; village head authority; non-litigation; family dispute resolution; Islamic family law

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Journal Info

Abbrev

jlsm

Publisher

Subject

Religion Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice

Description

Journal of Law, Social Science and Management adalah jurnal ilmiah terkemuka yang menerbitkan artikel penelitian, tinjauan pustaka, dan laporan ilmiah yang mengintegrasikan perspektif dari hukum, ilmu sosial, dan manajemen untuk menganalisis dinamika sosial dan organisasi baik di Indonesia maupun ...