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All Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Sosial : Jurnal Ilmiah Pendidikan IPS
Novia Laela
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Religious Harmony and Identity Politics in Indonesia’s Electoral Democracy Sandra Leoni Prakasa Yakub; Santi Suryani; Faisal Fadilla Noorikhsan; Muhamad Reza Atqia; Novia Laela
SOSIAL : Jurnal Ilmiah Pendidikan IPS Vol 4 No 1 (2026): SOSIAL: Jurnal Ilmiah Pendidikan IPS
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/sosial.v4i1.1571

Abstract

This research is driven by the increasing strength of religion-based identity politics in Indonesia’s post-reform electoral democracy, which creates a dilemma between legitimate political competition and threats to interfaith harmony. The problem formulation of this study concerns how identity politics challenges religious harmony and to what extent harmony can serve as an instrument to reduce polarization and reinforce democratic consolidation. The research questions focus on two main aspects: (1) how the dynamics of harmony are tested by the exploitation of religious issues within electoral contests, and (2) how harmonization strategies can function as social capital in maintaining democratic stability. Using a qualitative approach with a juridical-normative and socio-political framework, this study relies on a literature review involving laws and regulations, court decisions, official state documents, and national and international academic works, combined with content analysis of religiously nuanced political narratives in media and public discourse. The findings indicate that harmony is not a natural social condition but a socio-political construction that is vulnerable to instrumentalization by electoral interests. FKUB and harmony-related regulations tend to remain normative and less effective in the absence of substantive justice. Nonetheless, harmony still holds potential as strategic capital for democracy if it is developed through a framework of justice, religious political literacy, and inclusive democratic governance.
Keadilan Kewarisan Beda Agama: Integrasi Maqāṣid Al-Sharī‘Ah dan Hukum Positif Indonesia Enung Herningsih; Santi Suryani; Sandra Leoni Prakasa Yakub; Novia Laela; Ahmad Saeful Rahman
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3241

Abstract

Cross-religious inheritance remains a contested legal issue in Indonesia because it involves the tension between classical Islamic inheritance doctrine, which generally prohibits inheritance between individuals of different religions, and the demand for substantive justice in a pluralistic society. The development of judicial practice through the application of wasiat wajibah (mandatory bequest) reflects an effort to harmonize Islamic law with Indonesian positive law while maintaining the fundamental principles of Sharīʿah. This study aims to examine cross-religious inheritance from the perspective of Islamic law and analyze the formulation of Indonesian positive law in achieving justice through the wasiat wajibah mechanism based on the maqāṣid al-sharīʿah approach. This study employs normative legal research using statutory, conceptual, case, and comparative approaches. Legal materials consist of primary sources, including legislation, the Compilation of Islamic Law, and Supreme Court decisions, as well as secondary sources from books, scholarly journals, and relevant literature. The materials were analyzed qualitatively using descriptive-analytical methods. The findings indicate that although the prohibition of cross-religious inheritance retains normative legitimacy in Islamic jurisprudence, wasiat wajibah represents a form of legal ijtihād that balances Islamic legal principles with substantive justice. From the perspective of maqāṣid al-sharīʿah, this mechanism can protect religion, property, and family relationships. Therefore, stronger legal regulation is needed to ensure consistent legal certainty and equitable protection in Indonesia's pluralistic society.
Co-Authors Ahmad Saeful Rahman Enung Herningsih Faisal Fadilla Noorikhsan Fitri Ajeng Sari Muhamad Reza Atqia Sandra Leoni Prakasa Yakub Santi Suryani