HUKUM ISLAM DALAM PERGUMULAN POLITIK HUKUM NASIONAL ERA REFORMASI
Abstract: This paper describes
the existence of Islamic Law in the plurality of national law amidst the
process of the tug of political struggle of national law in reform era. This
discussion is focused on the following; first, the struggle of religion, law
and politics in Indonesia; second, the development of Indonesian law and
politics of law in reform era; third, the opportunities and challenges of
Islamic law in the middle of the plurality of national law in reform era. This
paper was as a result of library research using legal normative status,
historical, and sociological point of view. The result of this study was that
the struggle of religion, law and politics in Indonesia was as a process of
symbiosis mutualism. Every religion has the same rights in a democratic frame
of Pancasila and the 1945 Constitution and the government is as its regulator.
The development of law and political law of the reform era indicated that the
presence of political sciencetific engineering of Dutch law had resulted in
positive law in Indonesia which had not met the legal awareness of the
community. In fact, the opportunities and challenges of Islamic law in the
middle of the plurality of national law of reform era are formulated in three
aspects. Politically, the weak parliamentary support in the National
Legislation Program PROLEGNAS) affects
the existence of Islamic law. Philosophically, the internal conflict in the
understanding of Islamic law sometimes marginalize Islamic law itself. And
sociologically, only few values of Islamic law are absorbed in a national
scale.
Penulis: M. Shohibul Itmam
Kode Jurnal: jpperadabanislamdd130288
