Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

The Existence of Customary Law and Islamic Law in the optics of the Indonesian Legal System

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303643,
        author={Martitah Martitah and Slamet Sumarto and Arif Hidayat},
        title={The Existence of Customary Law and Islamic Law in the optics of the Indonesian Legal System},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={customary law islamic law legal system indonesia},
        doi={10.4108/eai.1-7-2020.2303643}
    }
    
  • Martitah Martitah
    Slamet Sumarto
    Arif Hidayat
    Year: 2021
    The Existence of Customary Law and Islamic Law in the optics of the Indonesian Legal System
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303643
Martitah Martitah1,*, Slamet Sumarto2, Arif Hidayat3
  • 1: Faculty of Law, Universitas Negeri Semarang
  • 2: Faculty of Social Science, Universitas Negeri Semarang, Indonesia
  • 3: Faculty of Law, Universitas Negeri Semarang, Indonesia
*Contact email: martitahlatif@mail.unnes.ac.id

Abstract

This article aims to describe the existence of Customary law and Islamic law in the legal system in Indonesia. The complexity of the law in Indonesia is colored by legal pluralism, which in addition to national law, also applies customary law and Islamic law. In its development, national law influenced by western law began to eliminate the existence of unwritten customary law. However, this is different from the existence of Islamic law, which gets space and influences the development of national law, especially in economic activities. Some of the laws and regulations influenced by Islamic law include Law on the Implementation of Hajj, management of zakat, waqf, Application of Privileges in Aceh, and Special Autonomy in Aceh, and religious courts. Thus, apart from customary law, the principle of sharia has become one of the sources for the formation of national law.