EKSISTENSI HUKUM ISLAM DALAM POLITIK HUKUM DI INDONESIA: ANTARA FORMALISME NORMATIF DAN REALITAS SOSIOLOGIS

Abstract

The Relationship between Religion and the State in Indonesia presents complex dynamics in the formation of national legal policy. The existence of Islamic law as a living law within society constitutes one of the important dimensions influencing legal policy in Indonesia. This article provides an in-depth analysis of the existence of Islamic law within the Indonesian political legal system through historical and juridical-normative approaches. The study reveals that the journey of Islamic law from the pre-colonial era to the reform period has experienced significant ups and downs, ranging from full reception (receptio in complexu), marginalization through the receptie theory, to its reinforcement through various legislative products such as the Marriage Law, the Religious Courts Law, and the Compilation of Islamic Law (Kompilasi Hukum Islam). This article argues that Islamic law within national legal politics cannot be understood merely as normative formalization, but as a dialectical process among Islamic values, society's sociological realities, and the dynamics of political power. The findings indicate that although Indonesia is not constitutionally a theocratic state, Islamic legal values have become internalized in various public policies and have served as one of the pillars of national legal development through a cultural approach that accommodates legal pluralism.