The protection of children's rights cannot rely solely on state regulation. What is needed is an approach capable of bridging law, religious values, and the social realities that live within communities. This idea took center stage at the book discussion and launch of Membela Hak-Hak Anak: Diskursus Fikih, HAM, dan Kepentingan Terbaik Anak (Defending Children's Rights: Discourses on Islamic Jurisprudence, Human Rights, and the Best Interests of the Child), held at the Postgraduate School of UIN Sunan Kalijaga Yogyakarta.
The
event brought together the book's authors, international academics, women's
rights activists, and field practitioners including marriage registrars and
religious counsellors. The book is the result of collaborative research
developed through the international project Engaging the Faithful, conducted in partnership with the
Norwegian Centre for Human Rights at the University of Oslo and involving a
number of UIN Sunan Kalijaga academics.
In
her presentation, one of the book's authors, Dr. Nina Mariani Noor of the UIN
Sunan Kalijaga Postgraduate School, explained that the book was born out of the
persistently high rates of violence, exploitation, and child marriage in
Indonesia. These issues, she argued, reflect a gap between the child protection
norms enshrined in law and the practices that continue to occur within society.
"This book seeks to integrate the perspectives
of Islamic jurisprudence (fikih), human rights, and the best interests
of the child as a set of mutually complementary frameworks," she said.
The
approach adopted does not treat law merely as a body of normative rules, but
also as a social practice shaped by power relations, culture, and the economic
conditions of communities. Accordingly, children are positioned as subjects
with rights and interests that must be protected, not merely as objects of
compassion.
One
of the discussions that drew considerable attention was a presentation by Dr.
Muh Mufid of the UIN Sunan Kalijaga Postgraduate School on the role of the
Office of Religious Affairs in preventing child marriage. His research,
published in the Scopus-indexed international journal under the title "Adaptive Discretion in Child Marriage
Prevention: Street-Level Bureaucracy in Indonesia's Islamic Marriage
Administration", examines how KUA officials exercise bureaucratic
discretion to navigate tensions between state law, Islamic jurisprudence, and
local social norms.
Muh
Mufid revealed that despite Law No. 16 of 2019 setting the minimum marriage age
at 19 for both men and women, child marriage continues to occur. In 2022 alone,
approximately 55,000 marriage dispensation requests were recorded across
Indonesia, including 632 cases in the Special Region of Yogyakarta.
The
research found that KUA officials frequently face ambivalence when confronted
with child marriage cases, torn between their obligation to uphold state law on
one hand, and the weight of jurisprudential interpretations, cultural
pressures, and community economic conditions on the other.
"The KUA is a crucial actor in child
protection precisely because it operates on the front line of public service.
Its officials do not merely enforce regulations, they also provide counselling,
education, and cross-sectoral advocacy to prevent child marriage," he explained.
Prof.
Nelly van Doorn-Harder of Wake Forest University, United States, enriched the
discussion with a comparative global perspective, asserting that child marriage
is not solely an Indonesian issue but a global problem requiring a
multidisciplinary approach.
She
stressed the importance of understanding the psychological conditions and
neurological development of adolescents when formulating child protection
policies. Adolescents, she noted, are in a phase of identity formation and
incomplete brain development that renders them more prone to impulsive behavior
and risk-taking.
"Child protection therefore cannot rest on
legal rules alone. We need to understand children's lived experiences and
positioning as the starting point for both policy formulation and the
interpretation of religious texts,"
she said.
Echoing
this view, Dr. Lies Marcoes of the Yayasan Harkat Perempuan assessed the book
as making a significant contribution to deepening sensitivity toward children's
rights. She highlighted how children's vulnerability, particularly that of
girls, frequently intensifies in crisis situations, whether caused by natural
disaster or socio-economic hardship.
She
further noted that marriage registrars and religious counsellors occupy a
strategic position as translators of legal and religious values into social
practice. Their experiences in handling cases involving children, she argued,
must be documented as part of developing more responsive child protection
policies.
This
book discussion also demonstrated UIN Sunan Kalijaga's role as a centre for the
development of Islamic scholarship that is responsive to contemporary
humanitarian issues. Through research, international collaboration, and
interdisciplinary dialogue, UIN Sunan Kalijaga continues to advance Islamic
thought rooted not only in scholarly tradition but also capable of addressing
the social challenges facing society.
More
than a book launch, this forum served as an academic space to strengthen the
synergy between Islamic studies, human rights, and public policy; all in the
pursuit of better protection for the children of Indonesia. (humassk)