Analysis of the Standing of Islamic Law in Legal System in Indonesia

Abstract

The legal system in Indonesia consists of western law, customary law and Islamic law. In this paper the author wants to discuss more concretely the position of Islamic law in the Indonesian legal system. Because this law is considered not widely understood by the public, it is the source of law for the Unitary State of the Republic of Indonesia. The purpose of writing is to analyze the position of Islamic law in the legal system in Indonesia and provide input for solutions. The approach method in this research uses normative juridical. Data collection was carried out through library research studies. Processing of this research data with secondary data is divided into primary, secondary and tertiary legal materials. As a result of this research, the researcher provides conclusions and suggestions that legal pluralism is contrary to legal centralism, because centralism ignores the basic social and cultural diversity of society, including local legal norms taken from customs/customary law. So what is happening in Islamic law at the moment is that it includes legal pluralism, that is, apart from the Indonesian State implementing national legal policies, it is also thinking about customary law and Islamic law that apply in that area.