Desta Atikasari
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Perspektif Pancasila dalam Harmonisasi Hukum Islam dan Hukum Nasional: Pancasila Perspective in Harmonizing Islamic Law and National Law Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Iccha Pawesti Binardo; Revalina Putriyana Faza; Desta Atikasari
DIRASAH: Jurnal Kajian Islam Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam
Publisher : Litera Academica Publishing

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Abstract

This study aims to explore and analyze harmonization between Islamic law and national law in the perspective of Pancasila. As a country with the majority of Muslims and the secular constitution based on Pancasila, Indonesia faces unique challenges in integrating the values of Islamic law with the principles of national law. Qualitative approach to the descriptive method is used in this study to understand how these two legal systems can be demonized by considering the values contained in Pancasila, such as humanity, unity, and social justice. Research data was obtained through in-depth interviews with legal, ulama, and practitioners, as well as through literature studies on books, journals, and official documents. The results show that while there is a fundamental difference between Islamic law that is normative-ematic and secular national law, Pancasila values can serve as a strong foundation for achieving harmonization. An inclusive and dialogue-based approach between stakeholders is needed to tackle legal conflict that may arise and ensure that the resulting national legal system remains fair and reflects the diversity of Indonesian society. The proposed recommendations include an increase in dialogue between stakeholders, the clearer legal regulatory reform, Pancasila-based legal education and training, as well as increasing public awareness of the importance of harmonization laws. With these measures, it is hoped that the harmonization of Islamic law and national law in the perspective of Pancasila can be realized effectively, strengthen social justice, and maintaining the unity of the nation in the framework of an inclusive legal state.