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All Journal TAHKIM Pena Justisia: Media Komunikasi dan Kajian Hukum Supremasi Hukum: Jurnal Kajian Ilmu Hukum
sahur ramsay
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Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Restorative Justice at the Grassroots: Exploring Cultural Integration and Police Facilitation in Criminal Case Settlements in Waesala, Indonesia Rahawarin, Fauzia; Wattimena, Husin; Muhammad Fadhil; Sahur Ramsay; La Ode Aindo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6521

Abstract

This study examines the effectiveness of Restorative Justice (RJ) implementation in resolving criminal cases in the jurisdiction of Waesala Police, West Seram Regency, Maluku Province. The study used a Mixed Methods Sequential Explanatory Design approach, combining quantitative analysis based on Structural Equation Modeling (SEM) and qualitative analysis through in-depth interviews and thematic coding with NVivo 12 Plus. The quantitative stage focuses on dimensions such as Police Socialization (SP), Victim Involvement (KK), Process Effectiveness (EP), and Satisfaction and Sense of Justice (KRK). The results of the CFA test showed high validity and reliability of the measurement model, with the dimensions of Empathy (EP) and Cultural Restorative Justice (KRK) as dominant contributors based on a factor loading value of 0.97. Qualitative findings revealed important themes such as barriers to victim education, the role of the police as a facilitator, perceptions of justice, and case criteria that are eligible for RJ. Data triangulation ensured depth of context and theoretical confirmation. The results of the study prove that RJ not only increases procedural satisfaction and social harmony, but is also in line with local cultural values ​​when facilitated properly. This study provides academic contributions as well as practical recommendations for law enforcement institutions in designing RJ policies that are relevant to local conditions.
Health Inequality and Structural Injustice in Indonesia’s National Health Insurance System: A Rawlsian Analysis Alif Ahmad; Axel Raphael; Zuwanda, Said Sadam; Sahur Ramsay; Diakaridia Fomba
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.ctp9wt64

Abstract

This article analyzes structural inequalities in the implementation of the National Health Insurance Program (JKN) in Indonesia using John Rawls’ Difference Principle as a normative framework. Although JKN has achieved near-universal coverage of approximately 98% of the population by 2025, disparities in access, quality, and distribution of healthcare services persist, particularly in remote, border, and archipelagic areas (DTPK). This study employs a normative legal method combined with policy analysis to evaluate whether the institutional structure of Indonesia’s health system has provided optimal benefits for the least advantaged groups. The findings show that unequal distribution of medical personnel, the concentration of specialist doctors in urban areas, and limited primary healthcare infrastructure reflect structural failures that contradict the principle of distributive justice. The JKN system, which is formally universal, has not been able to ensure substantive justice as it continues to reproduce social and geographical inequalities. This article contributes theoretically by integrating Rawls’ Difference Principle into health policy analysis, and practically by offering a justice-based reform framework through affirmative and redistributive interventions, including redistribution of health workers, inequality-based budget reallocation, and the use of health technology to overcome geographical barriers. These findings emphasize that achieving justice in the health system is not sufficient through expanding financial coverage alone, but requires structural transformation oriented towards the most vulnerable groups.
OPTIMALISASI PERAN KANTOR URUSAN AGAMA (KUA) DALAM MENANGANI PERMASALAHAN WALI ADHAL DI KECAMATAN SALAHUTU Afrizal Hamid; Husin Anang Kabalmay; Thalhah; La Jamaa; Sahur Ramsay
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i1.14251

Abstract

Marriage guardianship is a fundamental pillar of Islamic marriage, guaranteeing the validity of the contract and protecting women's rights. In practice, the rejection of guardianship without Islamic justification (wali adhal) still occurs, hindering the implementation of marriages. This study aims to analyze the factors causing guardianship and the role of the Religious Affairs Office (KUA) in handling it in Salahutu District, Central Maluku Regency. This study used a qualitative method with a field research approach. Data were obtained through observation and interviews with Salahutu District Religious Affairs Office employees, lineage guardians, affected couples, and community leaders, supported by literature review. Data analysis was conducted using the Miles and Huberman interactive model. The results indicate that guardianship is influenced by internal family conflict, psychological trauma, guardian ego, demands for customary property (bokah), and the guardian's lack of understanding of legal and religious consequences. The Salahutu District KUA plays an active role as a non-litigation mediator through a persuasive approach and personal assistance, thereby resolving most cases without going through the courts and preventing unregistered marriages. Keywords: Islamic family law, religious affairs office, guardian adhal, marriage guardian
Co-Authors Afrizal Hamid Alif Ahmad Axel Raphael Diakaridia Fomba Husin Anang Kabalmay La Jamaa La Ode Aindo Muhammad Fadhil Rahawarin, Fauzia Thalhah Wattimena, Husin Zuwanda, Said Sadam