Jurnal Ilmiah Al-Syir'ah
Vol 24, No 1 (2026)

Sharia Regional Regulation and Hierarchical Legal Pluralism: Non-Coercive Governance of Baduy Customary Law in Indonesia

Iin Ratna Sumirat (UIN Sultan Maulana Hasanuddin Banten)
Abdul Basit (UIN Sultan Maulana Hasanuddin Banten)
Atu Karomah (UIN Sultan Maulana Hasanuddin Banten)
Hajah Nurzakiah Binti Haji Ramlee (Universiti Islam Sultan Sharif Ali)



Article Info

Publish Date
19 Jun 2026

Abstract

Since decentralization, sharia-inspired local regulations have proliferated in Indonesia, yet scholarship often narrowly focuses on coercive enforcement and social conflict. Consequently, there is limited understanding of how these regulations function symbolically in normatively plural settings, especially among communities that are not their direct targets. This study employs a qualitative socio-legal approach to examine the positioning of sharia-inspired local regulations in relation to the Baduy indigenous community of Kanekes, Banten. The analysis is based on official documents, specifically three regional regulations: Banten Provincial Regulation No. 1 of 2021 on Halal Product Guarantee, Lebak Regional Regulation No. 8 of 2001 on the Protection of the Baduy Community, and Lebak Regional Regulation No. 6 of 2003 on the Prohibition of Alcoholic Beverages, as well as Constitutional Court Decision No. 97/PUU-XIV/2016 on the Recognition of Indigenous Faith Followers as a broader legal reference point. Findings reveal that these regulations do not operate through direct enforcement against the Baduy, but through the construction of normative hierarchies within the public legal sphere. For instance, halal-certified frameworks in buffer zones reorder sources of normativity, elevating state-institutionalized sharia norms while repositioning pikukuh (customary law) within a framework of conditional recognition. This article argues that the core issue of sharia formalization lies in how public law symbolically constructs these hierarchies. Its contribution lies in advancing a non-coercive approach to legal pluralism and clarifying the ethical limits of sharia formalization in systems that claim to respect normative diversity.

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Journal Info

Abbrev

JIS

Publisher

Subject

Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Al-Syir'ah, with registered number ISSN 1693-4202 (Print), ISSN 2528-0368 (Online) is a peer-reviewed journal published twice a year in June and December by Faculty of Sharia, State Islamic Institute of Religious Affairs (IAIN) Manado. Jurnal Ilmiah Al-Syir'ah is a Communication Media ...