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All Journal Jurnal Konstitusi dan Demokrasi Journal of Islamic Law Studies
Hudiana, Raihan
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Law, Crime, Criminology & Criminal Justice

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TINJAUAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 SEBAGAI KONSTITUSI YANG ISLAMI Hudiana, Raihan
Journal of Islamic Law Studies Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

The Constitution as a form of collective agreement is an important document containing values to be the highest referral system in regulating the life of nation and state. Looking at the sociological fact that Muslims are the majority in Indonesia, the spirit that was built at the beginning was to ensure the absolute necessity of how the basic values and main concepts of Islam can be fulfilled, while keeping in mind the needs and ensuring the rights of people from other religions. The view of some Muslims who assume founding father Indonesia has injured the spirit of the struggle of Muslims in achieving independence and make Indonesia as a secular state would be important to be straightened out. Departing from that, the author will examine the literature how the history and content of the 1945 Constitution in which contains Islamic values. The results of this study indicate that although Indonesia is not an Islamic country, but the spirit and values contained in the 1945 Constitution is very thick breath Islamic values.
Hukum Tata Negara Adat Minangkabau dan Aceh dalam Bingkai Negara Kesatuan Republik Indonesia Hudiana, Raihan
Jurnal Konstitusi & Demokrasi Vol. 1, No. 2
Publisher : UI Scholars Hub

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As the state's fundamental law, the constitution is a legal document that regulates the general provisions of reference for making more specific laws and regulations. The birth of a constitution stems from the shared consensus of a nation that contains the distinctive values of its people, including those in Indonesia. Indonesia has various kingdoms with a long history in each region that is part of it, including Aceh and Minangkabau. The condition of the two regions with a long history of civilization has led to customary constitutional law based on prevailing values. The validity of customary law raises questions about its legitimacy, considering that the 1945 Constitution as the state's fundamental law already exists. So, these problems will describe using normative juridical research methods based on favorable regulations and expert opinions. This research produces findings that customary governance law can preserve within the framework of the Unitary State of the Republic of Indonesia (NKRI) through Article 18B of the 1945 Constitution of the Republic of Indonesia, which recognizes its existence. This recognition does not mean that it applies in the aspect of positive law but instead applies as a social institution that exists in society.
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