Tarikh Tasyri kelompok 11 Sejarah Perkembangan Hukum Islam Masa Orde Baru & Reformasi

Summary

This presentation discusses the historical development of Islamic law in Indonesia during the New Order era and the Reform era. It outlines key events, such as the issuance of government regulations on waqf and the establishment of the Islamic judiciary, highlighting the initial challenges faced by Islamic law under the New Order. The Reform era brought renewed opportunities, allowing Islamic law to gain prominence and integrate into local governance, particularly in regions like Aceh. Overall, the evolution reflects a growing acceptance and incorporation of Islamic legal principles within Indonesia's national legal framework.

Takeaways

• 📜 The New Order era in Indonesia began with the March 11, 1966 decree, marking a transition from Sukarno's rule to Suharto's government.
• ⚖️ The New Order government initially raised hopes for the development of Islamic law in Indonesia due to the significant role of Muslims in the regime change.
• 🚫 However, the implementation of Islamic law faced major obstacles as it conflicted with the New Order's development strategies, marginalizing political parties and religious ideologies.
• 🏛️ Significant regulations like Government Regulation No. 48 (1977) on waqf emerged during this period, illustrating state acknowledgment of Islamic legal principles.
• 📅 The Law No. 7 of 1989 on Religious Courts marked a notable point in recognizing Islamic law within Indonesia's legal framework.
• 📖 The 1991 Presidential Instruction on the Compilation of Islamic Law demonstrated further institutional acknowledgment of Islamic legal systems.
• 💼 The introduction of Law No. 7 of 1992 on banking was pivotal for the growth of Islamic banking in Indonesia.
• 📈 The Reformasi era initiated significant advancements for Islamic law, aiming to integrate it more deeply into national law and societal norms.
• 🌍 Islamic law began to manifest not only in civil matters but also within public law during the Reformasi, influenced by regional autonomy laws.
• 🏙️ Regions like Aceh have implemented full Islamic law, while other areas are preparing their own regulatory frameworks for Sharia enforcement.

Q & A

What event marked the beginning of the New Order era in Indonesia?

The New Order era began with the issuance of the March 11, 1966 decree, which facilitated the transfer of power from Sukarno to Suharto.

Why was there initial optimism about the New Order's impact on Islamic law?

There was hope that the New Order government would support the development of Islamic law due to the significant role of the Muslim community in ousting the old regime.

What major ideological stance did the New Order government adopt?

The New Order adopted Pancasila as the sole ideology, marginalizing discussions about other political and religious ideologies.

What was the significance of Government Regulation No. 48/1977?

Government Regulation No. 48/1977 was significant as it established legal frameworks for wakaf (endowments), which contributed to the development of Islamic law in Indonesia.

What does Law No. 7/1989 address?

Law No. 7/1989 pertains to Religious Courts, recognizing and formalizing Islamic judicial processes in Indonesia.

How did Presidential Instruction No. 1/1991 impact Islamic law in Indonesia?

Presidential Instruction No. 1/1991 led to the Compilation of Islamic Law, which provided a structured approach to implementing Islamic legal principles.

What was the effect of Law No. 7/1992 on the banking sector?

Law No. 7/1992 facilitated the growth of Islamic banking in Indonesia and led to the establishment of institutions like the Indonesian Arbitration Board for Muamalat.

What changes occurred during the Reformasi period regarding Islamic law?

During Reformasi, there was a renewed interest in enforcing Islamic law, leading to its integration into societal norms and local regulations.

In which province was the implementation of Islamic law most comprehensive?

The implementation of Islamic law was most comprehensive in Nanggroe Aceh Darussalam, where it included both legal frameworks and enforcement institutions.

What role did regional autonomy play in the development of Islamic law post-Reformasi?

Regional autonomy allowed various regions to adopt and implement their own regulations regarding Islamic law, leading to diverse applications across Indonesia.