The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

Legal Pluralism Approach to Respond Challenge of Diversity and Religious Conflict Among Indonesian Society

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289463,
        author={Novita Dewi Masyithoh and Suteki  Suteki},
        title={Legal Pluralism Approach to Respond Challenge of Diversity and Religious Conflict Among Indonesian Society},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={religious conflict legal pluralism diversity issue restorative justice indonesia},
        doi={10.4108/eai.10-9-2019.2289463}
    }
    
  • Novita Dewi Masyithoh
    Suteki Suteki
    Year: 2019
    Legal Pluralism Approach to Respond Challenge of Diversity and Religious Conflict Among Indonesian Society
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289463
Novita Dewi Masyithoh1,*, Suteki Suteki2
  • 1: Islamic State University of Walisongo, Jl. Walisongo No.3-5, Tambakaji, Ngaliyan, Kota Semarang, Jawa Tengah 50185
  • 2: Diponegoro University, Jl.Prof. H. Soedarto, S.H. Tembalang, Tembalang, Kota Semarang, Jawa Tengah, 50275, Indonesia
*Contact email: novita.dewi79@yahoo.co.id

Abstract

Recently, Indonesia has been facing various problems of disharmony between religion and racial intolerance, which can arise disintegration of the nation and destruction of diversity in society. Some people consider themselves as the most "Pancasilaist" compared to the other groups, so that they attempt to dissolve specific religious organizations. Regarding this issue, the writer would investigate how the three discourses of moral-ethic-religion, state positivism, and socio-legal research of diversity and religiosity among the member of society are combined in order to reach religious harmony. This method used in this study to analyze the pluralism approach that combines three approaches, i.e., moral/ethic/religion, state positivism, and socio-legal approach. To solve these problems, the writer argues that support and participation of all elements of society are entirely required. Religious leaders and community leaders can use moral, ethical, and religious approaches to re-internalize the gracious values of religion and tolerance. Indeed, the non-penal policy becomes the foundation of life for the nation and state that must be continuously internalized. Whereas penal policy through law enforcement should prioritize unity; done in restorative and recitative justice; precede the ways of penal mediation, kinship, deliberation, and consensus. These should be applied to improve national unity and social order.