Claim Missing Document
Check
Articles

Found 3 Documents
Search
Journal : STUDIA ISLAMIKA

Law and Politics in Post Independence Indonesia: A Case Study of Religious and Adat Courts Lukito, Ratno
Studia Islamika Vol 6, No 2 (1999): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3984.39 KB) | DOI: 10.15408/sdi.v6i2.731

Abstract

This paper will address the development of Indonesian law in the post-independence era. In the following pages, this paper will demonstrate that changes in the country's political climate affected born the Islamic and adat (customary) courts,in spire of the inflexibility with which both legal traditions had weathered the political upheavals of the first half of the century. To this end, the place of both adat and religious courts in post-independence Indonesia will be analyzed in light of this political change. Two major avenues of investigation will be discussed. The first explains the debate between "pluralist" and "uniformist" groups regarding legal development in the young Republic of Indonesia, while the second discusses contentions between the so-called "secular nationalists" and "Muslims". The discussion provided in these sections is intended to provide a basis for understanding the legal controversies which unavoidably arose as a result of the shift from a colonial to a narional legal philosophy.DOI: 10.15408/sdi.v6i2.731
The Politics of Syariatisation in Indonesia: MMI and GARIS' struggle for Islamic Law Lukito, Ratno
Studia Islamika Vol 28, No 2 (2021): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36712/sdi.v28i2.15819

Abstract

This paper addresses the deficiency of the doctrinal approach in Islamic legal studies. There is an emergent need to comprehend Islamic law from the standpoint of its practical aspects: that is, how the law is intended to produce certain results, whether it gives expected results, and whether an identifiable result is consistent with the reason for the law as one might have expected. This paper examines the discourse of legal Islamization from the perspective of its practical aspects, that is, how the idea is developed, campaigned, and impregnated in Muslim societies. A study of the organizations Majlis Mujahidin Indonesia (MMI) and Gerakan Reformis Islam (Garis) shows that both groups had different concerns. While MMI focused on the theoretical legal system, Garis was more concerned with the practical realm of law; yet the two are the same in orientation as they are both concerned with how everyday life is regulated for Muslims.
Sharī’ah and the Politics of Pluralism in Indonesia Ratno Lukito
Studia Islamika Vol 14, No 2 (2007): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v14i2.545

Abstract

Keeping in mind the Indonesian Government's policy regarding legal pluralism, this article will take a closer look at how the Government deals with the existence of both Islamic law and customary law (adat). The adoption of "state law pluralism", especially by the New Order regime since 1970s, has had an evident impact on the way the state handles the institution of adat and Islamic law (shari'ah). The question is what is the motive behind employing this strategy? This is a question that necessitates more a socio-political approach in the study of comparative law, drawing on a number of regulations and acts related to adat and Islamic law as the primary sources.DOI: 10.15408/sdi.v14i2.545