Geofani Milthree Saragih
Universitas Sumatera Utara, Medan, Indonesia

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The Idea of the Bottom-Up Paradigm to Top-Down in Regional Arrangement in Indonesia Mexsasai Indra; Geofani Milthree Saragih; Dessy Artina; Mohd. Yusuf DM; Ahmad Gelora Mahardika
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38493

Abstract

The reformation era in Indonesia emphasized regional autonomy, resulting in the creation of numerous regions, as affirmed by Articles 18, 18A, and 18B of the 1945 Constitution. Laws Number 22 of 1999 and 23 of 2014 supported a bottom-up paradigm, allowing local communities to propose new regions. However, not all proposals were accepted by the central government, leading to national integration threats and community conflicts. This approach has resulted in unequal development and delays due to conflicting interests between local communities and the central government. Such imbalances have fostered resentment and hindered cohesive national development. This research proposes a top-down approach where the central government fully oversees regional expansion. By centralizing the decision-making process, resources and development opportunities can be more evenly distributed, reducing conflicts and streamlining administrative procedures. The urgency of this shift is underscored by the potential risks to national unity and stability under the current system. The proposed top-down approach aims to enhance the efficiency and effectiveness of state administration, ensuring that regional autonomy contributes positively to national cohesion and progress.
Peran Hukum Progresif dalam Menyelesaikan Konflik Pidana Masyarakat: Tantangan dan Solusi Hukum Berkeadilan Mohd. Yusuf DM; Geofani Milthree Saragih; Dodi Mustika; Fadler Hidayat; R. Dicky Wirawan L.; Rita Anggraini
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v10i2.10681

Abstract

This condition gives rise to various problems, particularly in resolving criminal conflicts involving vulnerable groups and local communities. This study aims to analyze the role of progressive law in resolving community criminal conflicts, as well as to identify the challenges and equitable legal solutions offered through this approach. The research employs a qualitative library-based methodology by analyzing scholarly literature, statutory regulations, and academic works relevant to progressive law and criminal conflict resolution. The findings indicate that progressive law is capable of providing more humane and contextual solutions through the application of restorative justice, penal mediation, and community-based approaches. Nevertheless, its implementation still faces structural, cultural, and institutional obstacles. Therefore, a paradigm shift in law enforcement and strengthened commitment from all stakeholders are required so that progressive law can function optimally in realizing sustainable justice.