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Download Citation on ResearchGate | HUKUM KEWARISAN DALAM KOMPILASI HUKUM ISLAM (KHI) DI INDONESIA | The Islamic laws of. The tradition of Islamic law in Indonesia's Muslim population can not be separated from values, legal norms, and legal products. Therefore, the position of ijtihad. Full Text PDF ( kb). Hunafa: Jurnal Studia Islamika Vol 8, No 2 (): HUKUM ISLAM. KOMPILASI HUKUM ISLAM (KHI) SEBAGAI HASIL.


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Perkawinan adalah sah, apabila dilakukan menurut hukum Islam sesuai dengan Disalin dari ”Kompilasi Hukum Islam di Indonesia”, Direktorat Pembinaan. Modernization, Tradition and Identity: the Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts. Nadirsyah Hosen. University of. Kompilasi The Kompilas Modernization, Tradition and Identity Publications Series Monographs 4 Modernization, Hukum Hukum Islam Euis Nurlaelawati is a .

All the judges in the session had the opportunity to address ques- tions to both the disputants and the witnesses. After it had paved the way by heavily emphasizing the need to de-politi- cize expressions of religious belief, the New Order then began to imple- ment the party fusion policy which reduced the number of political parties. The kompilasi is not legislation, however. One remarkable example of this trend is the kompilasi, which was issued by the Indonesian Government in an attempt both to achieve the uniformity in the application of Islamic family law among Indonesian Muslims and to cope with the legal needs and challenges of the present time. Downloads Download data is not yet available.

Furthermore, according to the structure of this theory, Islamic law which had been adapted or accepted by the adat law was no longer Islamic law, but had become adat law. Snouck Hurgronje and his col- leagues, who used their authority to have adat law applied, another group recommended Dutch law should be the legal system in the Indies. Nevertheless, the weight of C. In government circles, it was felt that were the Dutch law to be enforced, it would cause a wave of Muslim resentment, as this law was based on Christian teachings.

This group believed that the enforcement of adat law would not provoke any reaction in Muslim society as its members were already well acquainted and attached to it. Snouck Hurgronje and his colleagues won the debate.

In issuing Staatsblad No. They questioned whether or not the Christian law applied to the Christians had been received and adapted by the adat law. They contended that if the Dutch colonial government wanted to apply the adat law fully and legally, it should cover all the groups in the Indonesian community,54 and not only apply to Muslim groups.

They regarded the policy as a sign of the ambiguity and unfairness of the Dutch govern- ment and suspected the covert Dutch intention was to destroy the estab- lished position of Islamic law in the Muslim community.

They rejected the application of the Staats- blad No. Hav- ing originated in the Arab countries, Islamic law, of inheritance in par- ticular, was suspected by the Dutch of being irrelevant to the family life of Indonesians and far removed from the sense of justice prevailing in Indonesian societies.

A number of Indonesians from the Javanese Pri- yayi class supported the implementation of adat law, and in their eyes, the publication of Staatsblad No. Pro- fessor Soepomo d. Hooker has argued that the exclusion of inheritance from the jurisdiction of the religious courts represented the general policy of the Dutch colonial administration towards Islam at that time. It has been perceived as the Dutch response to an increasing anti-Colonial agitation among Muslims, which peaked in the s and s.

In order to exercise further control over the workings of the religious court, the Dutch government issued Staatsblad No. As did the reli- gious courts in Java and Madura, the Kerapatan Qadi had a structure which consisted of one leader and three members, with the assistance of one clerk, all of whom were appointed as civil servants.

The primary task of these appellate courts was to treat appeals from the religious court in the first instance and to give advice on the Islamic issues as required by the Governor General.

Receiving the laws and regulations concerning the religious courts, including their compe- tence, the Japanese government proclaimed it would continue what had been established by the Dutch colonial administration.

Changes did occur but only in the terms or names used for the religious courts. They had neither the time nor the opportunity to refor- mulate the policy of the Dutch colonial administration on Islamic law and, when push came to shove, had more or less the same interests in maintaining the status quo as the Dutch colonial administration. This resolve was manifested in the establishment of an Office of Religious Affairs in March This office, which later became the Ministry of Religious Affairs, was called the Shumubu.

The formation of what was designated the Ministry of Religious Affairs contributed greatly to this process. On the basis of an idea proposed by the Minister of Religious Affairs with the approval of the Minister of Justice, authority over the religious courts was trans- ferred from the Ministry of Justice to the Ministry of Religious Affairs under regulation No.

Replacing the Huwelijks Ordonnantie S. By introducing this law, the ministry intended to create legal certainty and stability in Islamic marriage initially, by requiring registration. Yet the law was applied only in Java and Madura, and the ministry officials acknowledged that it would take years to make the law effective in all parts of Indonesia.

The law was designated Law No. In this context, it is pertinent to note that over time there was an increase in the number of cases registered at the religious courts in both Java and Mad- ura. Aware of this increase, the Ministry of Religious Affairs made a divi- sion in the functions of judges as the Chief of Marriage Registrars and other religious observances, and as head of the Islamic court.

These changes did not take place without adverse commentary. They were challenged by a number of nationalist leaders who were inclined to press for the abolition of the Islamic courts. We have already seen that some secular nationalist leaders like Soepomo, an adat scholar, sup- ported the idea of the removal of inheritance from the jurisdiction of the religious court and had indeed even suggested the abolition of the reli- gious courts.

Their effort finally produced Law No. Article 35 2 states that Mus- lim-law private cases, which were usually heard before the religious court, now fell under the jurisdiction of the general court.

The hearing of such cases in the general courts would be handled by a panel, consisting of one Muslim judge as a president and two judges with an adequate knowledge of Islamic law as members. Criticism and reaction against this new statute poured in from many parties.

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Several religious courts were established in major islands outside of Java and Madura. This regulation was put into effect in all the outer islands where civil courts already existed, with the exception of one part of South Kalimantan, Banjarmasin. This decree automatically annulled Regulation No. On the grounds of the same statute, the Minister of Reli- gious Affairs issued another decree, Degree No.

Nevertheless, the establishment of the religious courts in Java and Madura and the other islands still left a major problem, which perti- nently concerned the formal competence of these courts. While religious courts in Java and Madura shared competence in matters of matrimonial law, the new religious courts established in outer islands were given jurisdiction not only over matrimonial issues, but also over inheritance issues, thereby having a wider competence than those in Java and Mad- ura.

Despite this opposition, the Ministry of Religious Affairs did not accede to the demands and was content to allow the discrepancy in the formal competence of the Islamic courts of Java and outside of Java to remain. The tendency of the Minis- try to prefer divergence to uniformity stemmed from the supposition that opposition to transferring inheritance back to the religious courts in Java from the supporters of the adat law would be too great, and also from the reluctance of the Ministry to capitulate on the wider jurisdic- tion of outer-islands religious courts.

The fiqh texts were still the main sources of the judgments issued by Muslim judges. It is important to recall that when the Ministry of Religious Affairs had a full control over the religious courts, it sought to unify the administration of marriage, divorces, and reconciliations, stating that these legal affairs should be handled by registrars appointed by the Min- istry of Religious Affairs. Nonetheless, nothing was said in the law regu- lating those matters about changing the substantive law on matrimonial issues.

Only in , when it issued a letter, identified as No. Point B in this circular stated that the judges in the religious courts were recommended to refer to thirteen fiqh books Leaving this query aside, while the selection of these texts was clearly designed to prevent proliferation of divergent judgments on a number of issues of the same nature, the matter of modern issues and the legal status of women, particularly relating to the issue of polygyny and divorce, had not been yet solved.

In order to fulfill the regulation enshrined in the Article 24 of the Undang-Undang Dasar Indonesian Constitution of , which stipulates that judicial powers shall be exercised by the Supreme Court and other courts in accordance with the statute promulgated, the government issued Law No. Arti- cle 10 governs the very existence of four different domains of courts: Objections and comments on this issue were raised by different parts of society, represented by political parties.

The Roman Catholic Party rejected the position of a religious court as an independent court and proposed a unification of the religious court within the domain of the public court. However, emphasizing the necessity of having indepen- dent religious courts, the then Minister of Justice, Oemar Senoadji, sought to convince all the parties to accept the religious courts.

This law is applicable to all Indonesian citizens regardless of their religion, but it also gave religious courts the formal authority to deal with Muslim family issues. Under this law, religious courts across Indonesia have had the same jurisdiction over the matrimonial issues and the substantive grounds of their settlements since 1 October Permission to have more than one wife; 2.

ASAS-ASAS HUKUM KELUARGA DALAM KOMPILASI HUKUM ISLAM (Membedah Pasal-pasal KHI)

Permission to conclude a marriage for those who are under 21 twenty-one years of age, when the parents or guardians or relatives in a direct line of succession have different opinions; 3. Marriage dispensation; 4. Marriage prevention; 5. Refusal of a Marriage Registrar to register a marriage; 6. Marriage cancellation; 7.

Suit for negligence of responsibility by spouse; 8.

Divorce by repudiation; 9. Divorce suit; Settlement of common property; Child custody and alimony when the father fails to honor his respon- sibility; Maintenance support for the ex-wife and determination of the responsibility of the ex-wife; Legal status of a child; Termination of parental custody; Termination of guardianship; Appointment of non-relatives as legal guardians in cases in which relative guardians fail to fulfill the responsibility; Appointment of a guardian when a minor is abandoned by parents; Financial compensation punishment of a guardian who has caused a loss of the property of the child under his guardianship; Determination of the origin of a child; Determination of a refusal to conclude mixed marriages; Determination on the validity of marriages concluded before the promulgation of Law No.

In fact, one of the articles of this law, namely Article 63, requires religious courts to submit their decisions to the civil courts for confirmation. Despite such obstacles, the Law on Marriage of , which has partly reinforced the position of the religious courts in the Indonesian national legal system, has to be considered a milestone in substantive changes in the application of Islamic law in Indonesia.

As mentioned above, under this law, a new set of Islamic rules was established. By referring to this law, Muslim judges could approve or disapprove a petition for divorce and a request for permission to enter a polygamous marriage made by a husband.

Admittedly, although a number of reforms had been made, this law still did not answer other various marital problems. Marriage during pregnancy was, for example, still debatable and was not covered by a legal rule. Above all, as its name suggests, this law said nothing about inheritance issues. Consequently, judges of the religious courts had to continue to base their judgments on inheritance, as well as those on marriage issues not yet dealt with in the Law of Marriage, on legal doctrines laid down by earlier scholars of Islamic law in various fiqh books.

This began when the extension of the jurisdiction of the religious courts enshrined in the promulgation of the Law of Marriage caused an increase in the cases brought before the religious courts, which led some disputants to demand their cases be taken as high as the Supreme Court. Faced with this situation in , the Supreme Court issued a regulation to organize the procedures in the examination of and decision in appeal cases from the religious courts more efficiently.

However, though the Law No. The debate ended when mutual coop- eration was established between the two institutions. This mutual cooperation was manifested in with the establishment of a special chamber to hear cases brought from appellate religious courts, and in the appointment of six Muslim Supreme Court judges to the chamber, one of whom functioned as a chairman. These six appointed judges were to hear cases brought to the chamber. This confusing difference in denomination had officially ended in , when the Minister of Reli- gious Affairs issued a decree on the standardization of the name of the religious courts.

The decree was ratified as regulation No. It was, how- ever, only in that the attempt was successful, namely when the Islamic Judicature Act Act No. The passing of this Act was welcomed with enthusiasm by different elements in Indonesian Muslim community. In fact, the Act puts the religious courts in the same position as the other courts. In the context of its substance, the Act is also per- ceived as marking significant progress in the application of Islamic law, as it is one of the legal spheres constituting the national legal system.

By the promulgation of the Act of , all the regulations previously applied in the religious courts were abrogated. Article states: By the time this Act is in effect: The abrogation of the regulations has finally brought about the unification of the competence and structure of the religious courts. Article 6 states that the religious court system consists of an Islamic court as the first-instance court, and a higher religious court as the appellate religious court. Article 9 governs their structure, and states that the first-instance court consists of a presiding judge, member judges, a clerk, a secretary, and a confiscation officer, and the Islamic appeal court consists of president, member judges, a clerk, and a secre- tary.

Besides the regulations mentioned in Points a, b, and c quoted above, the Act gave clear notification that Article 63 of the Law of Marriage No. In short, by the issuance of the Act, the competence, structure, and legal procedures of the religious courts across Indonesia have been for- mally unified.

Even executive force has been fully embraced by the Islamic courts, indicating their independence in making judgments as well as in enforcing them. This circular letter includes information on the removal of inheritance from the jurisdiction of the general court to that of the religious courts. They had generally been trained informally in the traditional Islamic schools. At the beginning of the s, judges in the religious courts began to be recruited from graduates of special formal schools for Islamic judges.

This school produced some graduates who had the technical ability and legal insights to qualify them to become judges in the religious courts. Since the promulgation of the Islamic Judicature Act in , which was basically intended to eliminate the subordinate position previously assigned to the religious courts in the structure of the national judicial systems, and to broaden their jurisdiction over familial cases, all judges in the religious courts are without exception to be recruited from univer- sity graduates.

This Act stipulates a number of requirements for a candi- date recruited to be a judge in the religious courts; he or she should be Muslim, adult twenty five is the minimum age , observant, competent, honest, just, well-behaved, and well-versed in Islamic law, loyal to Pan- casila and the Constitution, and never have been a member of or involved in banned organizations.

The Act legalized the practice of recruitment of female judges for the religious courts. For a long time, judges were recruited only from males. The tide began to turn in , in the city of Tegal in the northern part of Central Java, when fifteen women were appointed honorary judges and one was appointed as a fully sworn-in judge.

In the same year the wife of a Pamong Pradja official announced her candidature to be a judge and was approved. Applicants with the proper qualifications as laid down in the Act should pass different types of exams, including a test on their knowledge of Islamic law through the reading of fiqh texts. Realizing that many applicants, especially from IAINs did not have sufficient judicial knowl- edge, the Ministry of Religious Affairs, in cooperation with the Depart- ment of Justice, organized projects to develop and train its would-be judges.

The project, which ran four months of every year for three years, educated and trained aspiring judges who had not yet become civil ser- vants. The participants were tutored in judicial sciences and trained in trial procedures, resolving cases, and making judgments. With the expansion of their jurisdiction, the reli- gious courts needed more judges to deal with the increase in cases put forward to them.

For this, the Ministry of Religious Affairs recruited newly graduated students from the faculty of Islamic law. When they fin- ished the program, they were sent to various religious courts, particu- larly newly established ones in remote areas. When the positions of judges were considered to have been adequately filled, the project was terminated.

The training of the would-be judges recruited from among civil servants already employed in the provincial and branches of the Ministry of Religious Affairs, and with adequate knowledge of either Islamic law or national law, continues up to the present time.

It has been widely acknowledged that, although they were established centuries ago, the Islamic courts so far have never had a uniform legal reference to which their judges could refer in resolving cases brought before them. Finding themselves in this unenviable situa- tion, in deciding cases Muslim judges would for guidance refer to vari- ous classical fiqh texts of their choice, a practice which had resulted in uncertainties about legal transactions among Muslim society who sought justice in religious courts, since two cases of the same nature might receive two different rulings.

As mentioned above, in the unification of substantive laws of the religious courts had been attempted. The circular letter from the Ministry of Religious Affairs lim- ited the number of fiqh texts to be referred to by judges in religious courts and stated that Muslim judges should refer to only thirteen fiqh texts.

Although a step in the right direction, this limitation did not halt the discrepancy of decisions on some cases which were virtually and exactly the same. In fact, although referring to only thirteen fiqh books after , religious court judges still decided the same sorts of cases on different grounds, so that there were inevitably often divergent decisions handed down.

Yahya Harahap, a Supreme Court judge, described how tragic the effect of the decisions based on fiqh books could be. He took an example of a case decided by a first instance-Islamic court with the reference of a certain fiqh book. Should the loser be they defendant or plaintiff take the case to the appellate court, where reference could be made to another fiqh book with a view on the case opposite to that of the fiqh book used by the first-instance court, the appellate court would reverse the decision.

These two different decisions would inevitably result in conflict among the disputants. Each of the disputants would comply only with the refer- ence which accorded with their own interest. Such a confusion of judg- ments could not be tolerated, as it produced discrepancies and robbed the Islamic courts of their credibility. Therefore, he demanded that Indonesian Muslims attempt to codify and legalize Islamic familial rules.

This entailed, he further argued: Turning to the first goal, it should be noted that there are three pillars of the religious court.

The first is the existence of a well-organized judi- cial institution, and this has been met in the Act on the basic regu- lation of judicial authority. The second is that there be functionaries, namely, judges and advocates, and this was fulfilled as soon as the reli- gious court was established. The third is uniform reference. While the first and the second goals are to address the dis- crepancy in the religious courts, the two last goals are more concerned about solving problems resulting from the failure of classical fiqh texts, as well as of the statutory law, to meet the general conditions in which contemporary problems in Indonesia occur.

Although the Law of Marriage and a few clauses of the Islamic Judicature Act had made reforms and dealt with material laws, many outstanding matters had elicited no response. Inevitably, there had been problematic cases which had resulted in conflict and debate among Muslims. This kompilasi was to act as the substantive law which ought to be referred to by all the religious courts judges in making judgments on issues brought before them.

With the kompilasi, it was hoped that the disparity between references used by judges and its consequence of producing divergent judgments on similar cases would come to an end. The government issued Law No. The articles which were replaced are Articles 11, 22 and This law inevitably caused debates in the Ministry of Religious Affairs.

First, the transfer of the administrative authority of the Ministry of Religious Affairs over the religious courts would take place within five years.

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This was raised as a reference to Article 11A 1 of the regulation, which governs the time of transfer in general. Second, the transfer could be done at any time. This opinion was the outcome of the understanding of a committee meeting on Article 11A 2 , which specifically administers the time of transfer for the administrative authority of the Ministry of Religious Affairs over the religious courts to the Supreme Court.

This Article states that the time of such a transfer is not defined. However, the law could be claimed to be lenient, as it allows an inter- val time for the implementation of transfer; but it withheld Muslim scholars from amplifying the debate.

In fact, the lenience of the law even gives them time to evaluate what the law requires. Its constitution and legal system are secular in nature, though some ele- ments of Islam are integrated into their bodies. The enactment of the kompilasi, codifying the classical Islamic legal doctrines scattered in various fiqh books into a modern legal text, seems to have thawed the long congealed relationship between Islam and State in Indonesia. This event was a hallmark heralding the turning point in the New Order policy toward Islam, which had been previously marked by hostility, manipulation, and marginalization.

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By authorizing the kom- pilasi, the State demonstrated not only its rapprochement with Islam but also its support for the process of Islamization taking place in its politi- cal arena. In the eyes of some Muslims, this meant that Islamic law was increasingly gaining proper legal status in the national legal system. This chapter is concerned with the process of making of the kompilasi, attempting to show how some different elements have contributed to its body.

Having extrapolated these, there will be an investigation of those ideas which contributed to its making. Having established the foundations, then the actual process of how the kompilasi was made and who was involved will be scrutinized. Finally, there will be an examination of what the enactment of the kompilasi has entailed within the scope of Indonesianization of Islamic law and in the political interest of the State.

The New Order came to power in when Soek- arno, the first President of Indonesia, reluctantly signed a letter desig- nated Supersemar letter of command of 11 March , giving Soeharto authority to take all measures necessary to ensure the security of the State. They stood on the frontline in calling for reforms and for the resignation of Soekarno, following the abortive [alleged] Indonesian Communist Party PKI coup in Having believed that they had made a significant contribution to the emergence of the New Order, Muslims immediately expressed new hopes for the granting of a greater role to Islam in the political arena of the State.

A variety of Islamic forces took to the streets to advocate its reha- bilitation. The demonstrators felt that this was a historical necessity to which the New Order should acquiesce. In , a new Masyumi was established as the party which would represent all Indonesian Muslims.

In the first general elec- tion in , this party won the second largest number of votes after the nationalist party, the Partai Nasional Indonesia PNI. From their point of view, the Masyumi was among those groups which had abandoned the true prin- ciples of the Pancasila. This letter stated that the refusal of the Army to contemplate the idea of rehabilitating the Masyumi was soundly based on legal, con- stitutional, and psychological considerations.

They began to think of organizing a new polit- ical party under a different name. A committee consisting of seven Mus- lim leaders was formed to do the groundwork. The task of this committee was to arrange the formation of the Parmusi Indonesian Muslim Party , a new party designed as an alternative to the Masyumi, so as to accommodate Muslim modernist forces in its fold. Although the Government agreed to the formation of this party, it objected to the inclusion or participation of important former Masyumi leaders in it.

In a meeting between with the committee members, Soeharto confirmed that no single former Masyumi leader was to be permitted to hold a lead- ing position in the new party. Soeharto recommended that Muhammad Roem, the appointed leader in the Congress of the Parmusi held in Malang, withdraw from the leadership. Having carefully observed the factors contributing to the collapse of the Soekarno regime, the New Order persisted in its attachment to the Pancasila, and constructed a new system which got rid of the ideological debates which had made much of national interest and had ignored such development goals as achieving economic progress.

After it had paved the way by heavily emphasizing the need to de-politi- cize expressions of religious belief, the New Order then began to imple- ment the party fusion policy which reduced the number of political parties. With the exception of Golkar, the Government party, in the New Order pressured the nine existing parties which participated in the general election in to group themselves into no more than two different clusters.

Through this program, the position of the Pancasila was strengthened. The New Order simultaneously glorified the Pancasila in a plethora of slogans, transmitted through educational institutions, the media, State ceremonies and other societal activities.

In such a heavily hegemonic atmo- sphere, the space for participation by society appeared to be limited. Nearly all aspects of societal life fell under the control of the State. Interestingly perhaps, keeping pace with its attempts to marginalize Muslim politics, the New Order sponsored the proposal for a marriage law at the beginning of the s.

This bill represented an attempt to unify laws relating to the act of marriage itself and other related fields conforming to the various customary adat and religious laws. Such provisions sent Muslims the message that the State intended to elevate the general courts above the religious courts, and as such was deemed unacceptable to them.

What perturbed them even more deeply was they believed that this proposal offended their religious beliefs, as it included some points which contradicted Islamic rules. It also recognized the legal conse- quences of adoption and permitted marriage between a Muslim woman and a non-Muslim man.

These were subject to criticism, particularly from those elements of the society which perceived them as contradict- ing Islamic rules. Perceived, rightly or wrongly, as a New Order project to control Islamic institutions and as being incongruous with Islamic laws, the proposal set off a wave of protests from Muslims and was inevitably considered further evidence of Government hostility towards Islam.

In this situation, a lobbying session was held between the Muslim groups represented by the United Development Party PPP and the Government represented by the military group. In this lobby, a compromise was reached by agreeing to the removal of some articles pertaining to issues considered contradictory to Islamic principles.

The ulterior motive of the New Order behind the enactment of the Marriage Law seems to have been to ensure its firm grip on power and leadership and to be certain to maintain its control of society constitu- tionally. The New Order was convinced that the economic development it had made its main platform could only be reached if political stability was a guaranteed constant.

In this case, the New Order utilized the insti- tution of law as an instrument of social engineering, and this can be seen in the character of the law. The Government decision to amend and then pass the law might also have been influenced by the threatening political climate in which, for the first time since the inception of his presidency, Soeharto experienced a crisis in political support. Beginning quite modestly in , students began to criticize a variety of the policies he promulgated.

Later they took to the streets to express their discontent. At that time, some hard-line Muslim groups began to dare to oppose Soeharto openly. Nevertheless, although motivated by such a political crisis, the amendment was still a first and major victory for the Islamic faction against the New Order regime and the secularists.

Despite the setback, the New Order remained undeterred and contin- ued its attempts to marginalize Muslim politics. These attempts culmi- nated in , when the New Order enforced the idea of the Pancasila as the sole basis of all existing political organizations, referred to as the Asas Tunggal.

IPI KOMPILASI HUKUM ISLAM (KHI) SEBAGAI HASIL IJTIHAD ULAMA INDONESIA : View Article

The enforcement was issued on 16 August In this case, both PPP and PDI, the only two legally permitted political parties, with the exception of Golkar, had no choice but to endorse the Pancasila as their ideological basis. In its party congress held in August , PPP proclaimed that it had replaced Islam with the Pancasila as its ideologi- cal basis.

This change of direction was bolstered by the Government policy of speeding up the process of development and mod- ernization, which was initiated in with the Pelita Pembangunan Lima Tahun , or Five-year Development Plan. Within the scope of this program, Muslims began to participate in higher education, given a sig- nificant fillip at that time by the rapid migration of rural masses who sought new lives in the big cities of Indonesia. This phenomenon allowed santris the mobility to spread into various sectors of activities and the Government services, as well as to penetrate the modern business structure.

They were extremely anxious to modernize Islamic thought and rejuvenate religious understanding. To achieve their purpose, most of them chose to become activists in Islamic student organizations such as the Himpu- nan Mahasiswa Islam HMI, Islamic Students Association , known as one of the most renowned in the country. They believed that Muslim comprehension of their religious messages would not stagnate.

Nurcho- lish Madjid, a graduate of IAIN Jakarta, who for two consecutive periods served as the national chairman of HMI and , formally instigated the necessity of the renewal of Islamic thought in his paper entitled Keharusan Pembaharuan Pemikiran Islam dan Masalah Integrasi Ummat.

In fact, Nurcholish observed, the majority of Muslims were unable to differentiate values which are transcendental from those which are temporal. Instead, they considered the realization of a just, participatory construct of the State as their goal. This should best be achieved not only through the participation of Islamic parties, but also through the participation of the bureaucracy.

They argued that the current form of the Indonesian nation-state had adequate foundations to encour- age the realization of these Islamic socio-political precepts. Therefore they proclaimed that the Indonesian nation-state deserved to be accorded religio-political legitimacy and acceptance by Muslims.

Initially they were probably assured by the proclaimed promise of the Government about the stability of the current form of the Indonesian nation. In fact, the President once stated and adamantly assured the Muslims that with the sole foundation of Pancasila, the Indonesian nation-state would not be turned into a secular state.

This new Islamic political activism can be said to have elicited many positive results. The most evident of these has been the political reconciliation between the State and Islam,30 which was demonstrated by the agree- ment of the former to issue a number of policies highlighting the reli- gious interests of the latter.

This organization has also often been perceived as a vehicle for bringing Muslim thinkers and activ- ists a step close to power. It had also convinced them that the organization would be able to promote the Islamization of the Indone- sian State. Nevertheless, Hefner claims that it came as a surprise to some Western scholars, who were convinced that the Soeharto Govern- ment was deeply opposed to anything that might expand Muslim influ- ence in Indonesian politics and society.

To non-Muslims and secular- nationalists, the foundation of this organization was not only a surprise, but also a threat. In the Government issued a new regulation on school curricula which explicitly recognized the role of religious instruc- tion at all levels of education.

The former educational curricula had cov- ered only the fields of science, technology, and the arts.

The new regulation also guaranteed that Muslim students attending Christian schools would receive Islamic religious instruction.

Log In Sign Up. Modernization, Tradition and Identity: Nadirsyah Hosen. Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: Euis Nurlaelawati, Modernization, Tradition and Identity: Keywords identity, tradition, modernization, nurlaelawati, euis, islam, hukum, legal, practice, indonesian, religious, courts, kompilasi Disciplines Arts and Humanities Law Publication Details N.

Both terms have negative images in Indonesian society, and therefore their use has been avoided in legal and political arenas.

Under the Constitution, Indonesia was designed to adopt a middle position: However, this does not mean that Islamic law is not practised in Indonesia. In fact, an Islam-inspired agenda is welcome, to the extent that it corresponds with, and does not contradict, the Pancasila. Simatupang, a Protestant scholar, has stated that 'the Pancasila- state is responsible not only for ensuring religious freedom, but also for promoting the role of religions in society' It was in this spirit that the Department of Religious Affairs was founded in It supervises religious education, Muslim marriages, the Islamic courts which deal with divorce and inheritance matters only and the Hajj [pilgrimage].

It also has separate directorates for the other religions: Catholicism, Protestantism, Hinduism and Buddhism. Indonesia recognizes religious courts as one of four components in the court system. The other three components are military courts, general courts and administrative courts.

Before , the decision of a religious court needed the fiat of a district court. Likewise, article on the successor heirs and article on the wholeness and unity of agricultural land of less than 2 two hectares, contrary to the principle of ijbari in Islamic inheritance law fiqh conventional.

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