Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab
Vol. 4 No. 2 (2024): Jurnal Darussalam: Pemikiran Hukum Ketatanegaraan dan Perbandingan Mazhab

INTEGRATION OF SHARIA NORMS IN THE FORMATION OF REGIONAL REGULATIONS IN INDONESIA: JURIDICAL ANALYSIS OF THE FORMATION OF SHARIA REGIONAL REGULATIONS

Fikri, Ahmad Lutfi Rijalul (Unknown)
Hermawati, Hermawati (Unknown)



Article Info

Publish Date
26 Dec 2024

Abstract

This study examines the latest practices of integrating Sharia norms in the formation of Regional Regulations (Perda) in Indonesia and performs a jurisprudential analysis of such practices. The study found that there are at least 442 Sharia-nuanced Perdas that have been established in various parts of Indonesia, such as the provinces of Aceh, Western Sumatra, Banten, and South Sulawesi. The Perda regulates various aspects, such as the implementation of Islamic Shariah, the prohibition of prostitution, the application of compulsory reading of the Qur'an, and the arrangement for Islamic clothing. Juridical-normative analysis suggests that the practice of integrating Sharia norms into the establishment of the Perda must be in accordance with the principles contained in the 1945 Basic Law, in particular concerning guarantees of religious freedom and prohibition of discrimination. Such regulations must also be in line with the hierarchy of laws in force in Indonesia, not in conflict with higher regulations. The Charter of Sharia must guarantee the protection of human rights, such as religious freedom, freedom of opinion, and other constitutional rights. The process of forming the Shariah Perda needs to involve widespread public participation in order to acquire strong legitimacy. Furthermore, a comprehensive evaluation of the charges, purposes and processes of the establishment of the Sharia law is required to ensure its compatibility with the principles of a democratic rule of law.

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Journal Info

Abbrev

jd

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Focus dan Scoope This journal is published twice a year in June and December. This journal has specifications in the fields of Islamic law, constitutional law, public policy, Islamic politics, fiqh siyasa. This journal is expected to contribute to academics in studying politics and constitutional ...