宗教律法与国家律法的理论

Al Ikhlas, Desi Yusdian, Murniyetti Murniyetti, Nurjanah Nurjanah, Sulaiman Sulaiman
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引用次数: 2

摘要

作为实现正义基础的国内法的形成经历了一个漫长的过程。从伊斯兰教进入印尼开始,一直持续到现在。在国家法律的形成过程中,至少有四种理论可以解释与印度尼西亚社会相结合的法律来源的斗争如何成为规范印度尼西亚人民生活的主要准则。法律的来源是宗教法、习惯法和荷兰法。将这三种法律渊源结合起来成为国内法并非易事。因此,冲突经常发生,导致社区中各种冲突的产生。特别是当荷兰殖民者试图在印度尼西亚实施他们的法律时,他们根据自己的利益制定规则,以加强对被殖民国家的控制。因此,为了解释国家法的形成过程,有几种理论可以解释它,即:复杂的接受、接受、反对接受和折衷主义。这项研究是定性的,倾向于分析和描述的形式。从各种相关文献中收集数据,然后使用交互式方法进行分析。因此,本研究的发现是,复杂的接受理论、接受理论、反对接受理论和折衷主义理论解释了国内法和宗教法之间有很强的关系。因此,国家法律和宗教法律将始终在其原则上保持一致,因为大多数印度尼西亚人是穆斯林。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Teori-Teori Hubungan Hukum Agama Dengan Hukum Negara
The formation of national law which is the basis for realizing justice in Indonesia has gone through a long process. Starting from the entry of Islam into Indonesia and is still ongoing now. In the formation of the national law, there are at least four theories that explain how the struggle for legal sources that have been integrated with Indonesian society has crystallized into the main guideline in regulating the lives of Indonesian people. The sources of law are Religious Law, Customary Law, and Dutch Law. Combining these three sources of law to become national law is not simple. So that clashes often occur which results in the birth of various conflicts in the community. In particular, when the Dutch Colonial tried to apply their laws in Indonesia, they set rules according to their interests in order to strengthen their grip on the colonized country. So to explain how the process of forming national law, there are several theories that can explain it, namely: Receptie in Complex, Receptie, Receptie a Contrario, and Eclecticism. This research is in the form of qualitative which tends to be analytical and descriptive. Data were collected from various relevant literature and then analyzed using interactive methods. Thus, the findings of this study are that the theory of Receptie in Complex, Receptie, Receptie a Contrario, and Eclecticism explains that national law and religious law have a strong relationship. So national law and religious law will always be united in their principles because the majority of Indonesian people are Muslims.
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