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LEGAL SYSTEM

PROBLEMS ON ISLAMIC LAW REFORM IN INDONESIA SAIFULLAH SHARIA FACULTY STATE ISLAMIC UNIVERSITY MAULANA MALIK IBRAHIM MALANG 2014. Islamic law reform in Indonesia was build from historical commitment based on it’s step and effort.

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LEGAL SYSTEM

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  1. PROBLEMS ON ISLAMIC LAW REFORM IN INDONESIASAIFULLAHSHARIA FACULTYSTATE ISLAMIC UNIVERSITYMAULANA MALIK IBRAHIM MALANG2014 .

  2. Islamic law reform in Indonesia was build from historical commitment based on it’s step and effort. • The pattern of sharia application in Indonesia is coherently giving it’s contribution toward development of law in the country. • The existence of Islamic law system in Indonesia is not apart from national law system.

  3. LEGAL SYSTEM A Set of operational system of law which including it’s sub-system are: legal substance, legal structure, and legal culture • Legal substance consist of rule, norm, and behavioral pattern of both written law and valid law which living in society. • Legal structure consist of legal institution element order. • Legal culture consist of moral value, norm, and institution that become the basis attitude of law behavior.

  4. THE RESULT AND PHENOMENON DEVELOPED FROM THOSE THREE BASIS OF LEGAL FORM CLARIFY THAT LEGAL SUBSTANCE AND CULTURE ARE THE MOST DYNAMIC BASIS IN DEVELOPING LEGAL SYSTEM The hope for implicating sharia in Indonesia will grow, run and develop well through living law in society.

  5. Problems in implicating sharia in national law system are: • Religion control in state corridor usually causing both horizontal and vertical conflict if it’s not designed holistically by the government. • Religion control are written in the holy book, government’s regulation will cause primary problem if it try to regulate it specifically, because both from heterogeneous into homogenous nor from inductive into deductive can not be codified universally in line.

  6. 3. Moslem’s contribution on sharia implication in Indonesia can be developed significantly, especially on moral value that internalized in legal substance and legal culture. 4. Void of Law which regulate legal interaction among inter-religion brings society behavior into legal smuggling and artificial subjugation. I.e., society will find their own juridical legality.

  7. The question : Does the state/government let these cases happened and giving full settlement to the dynamic of society? • State/government can study further that not all public aspiration are brought to a formalistic matter. National legal system that based on pluralism also participates in building the existence of Islamic law in Indonesia today.

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