ISLAMIC LAW IN THE CONSTITUTION OF INDONESIA (a Study of Characteristics Sharia Local Regulations)

Abstract

Article 29 of the 1945 Constitution states that the state is based on  One Godhead. Also, the state guarantees the independence of each resident to embrace their respective religions and to worship according to their religion and beliefs. It can be said that the ideals of Indonesian constitutional law have a manifestation of Islamic law which is embodied in local legal products, namely the Sharia Perda. The background of the formation of the Sharia Regulation is mainly Indonesia as the largest Muslim country in the world. However, in its development, the Sharia Perda still has various problems, namely the women's freedom, discrimination and the exclusivity of Muslims. Therefore, it is important to look at the characteristics of Sharia regulations in Indonesia as a manifestation of the ideals of Islamic law. The research method uses normative juridical research with a statutory approach and is analyzed using the legal hermeneutic method. The results of the study show that the ideals of Islamic law in the Indonesian constitution are mainly contained in Article 29 of the 1945 Constitution of the Republic of Indonesia, which is marked by the recognition of the right to religion in Indonesia and guaranteeing their worship. This manifestation of Article 29 is philosophically implemented with Sharia Local Regulations, which have two main characteristics, namely Sharia Local Regulations in special/special regions and autonomous regions in general