Al-ManAhij: Jurnal Kajian Hukum Islam Vol.
19 No.
July-December 2025, 313-334 DOI:
Imamhttps://doi.
org/10.
24090/mnh.
Mustofa.
Muhammad Sauqi.
Diana Ambarwati.
Alwi Yahya Creative Commons Attribution-ShareAlike 4.
International License.
P-ISSN: 1978-6670 | E-ISSN: 2579-4167
Published by Sharia Faculty of State Islamic University of Prof.
Saifuddin Zuhri.
Purwokerto The Politicization of Religion and Law Enforcement in IndonesiaAos Democratic Elections: An Islamic Legal Perspective Rizal Qosim1*.
Hajar Salamah Salsabila Hariz2.
Yusuf Ibrahim Arowosaiye3.
Mabarroh Azizah4.
Idamatussilmi5 Universitas Islam Negeri Sunan Kalijaga.
Yogyakarta Jl.
Laksda Adisucipto.
Papringan.
Caturtunggal.
Depok.
Sleman.
DI Yogyakarta 55281 Faculty of Law.
Universitas Jenderal Soedirman Jl.
Profesor DR.
HR Boenyamin No.
Grendeng.
Purwokerto Utara.
Banyumas, 53122 Universiti Islam Sultan Sharif Ali St.
Simpang 347.
Jalan Pasar Gadong.
Bandar Seri Begawan.
Brunei Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto Jl.
A-Yani No.
40-A Purwokerto, 53126 Email: 1196301311992031004@uin-suka.
id, 2salsabilahariz02@gmail.
com, 3yusuf.
arowosaiye@unissa.
bn, 4mabarroh@uinsaizu.
id, 5idamatussilmi.
idama@gmail.
Submitted Revision : 12-09-2025
: 09-11-2025
Accepted Published : 11-12-2025
: 19-12-2025
Abstract: The politicization of religion in IndonesiaAos democratic elections represents a structural challenge that disrupts constitutional governance, weakens legal neutrality, and conflicts with the normative principles articulated in al-MAwardAos fiqh siyAsah dustriyyah.
While existing scholarship has addressed the interplay between religion and politics, few studies examine how the strategic manipulation of religious symbols and clerical authority erodes institutional integrity when analysed through al-MAwardAos framework of governance.
This study investigates the mechanisms and consequences of religious politicization by integrating key concepts of al-MAward, such as adl .
, amAnah .
, wilAyah al-qasAAo .
udicial authorit.
, and uisbah .
ublic oversigh.
as constitutional ethical standards for political conduct.
Utilising a qualitative descriptive method and case study approach, the research analyses interactions among political elites, religious actors, and law enforcement bodies to understand how these relationships influence decision-making processes.
The findings reveal three constitutional distortions: the instrumentalisation of religious narratives to delegitimise political opponents.
the intervention of religious groups in judicial processes that threaten the independence of legal institutions.
and transactional alliances that compromise the objectivity of state authority.
From the perspective of al-MAwardAos fiqh siyAsah, these practices violate maqAid al-sharah, especially the preservation of justice, intellect, and social cohesion, and contradict the constitutional ethics expected of legitimate governance.
This study concludes that religious politicization functions as a systemic threat to the rule of law, undermines public trust, and deviates from al-MAwardAos normative model of just political authority.
The research contributes Al-ManAhij: Jurnal Kajian Hukum Islam The Politicization of Religion and Law .
a jurisprudential framework demonstrating how fiqh siyAsah dustriyyah can guide ethical and accountable governance in contemporary Muslim-majority political systems.
Keywords: religion politicization.
law enforcement.
Islamic law.
democratic elections.
Indonesia Abstrak: Politisasi agama dalam pemilihan umum demokratis di Indonesia merupakan tantangan struktural yang mengganggu tata kelola konstitusional, melemahkan netralitas hukum, dan bertentangan dengan prinsip-prinsip normatif dalam fiqh siyasah dusturiyyah menurut al-MAward.
Meskipun kajian sebelumnya telah membahas relasi agama dan politik, hanya sedikit penelitian yang menelaah bagaimana manipulasi simbol keagamaan dan otoritas ulama digunakan secara strategis untuk melemahkan integritas institusi ketika dianalisis melalui kerangka pemerintahan al-MAward.
Studi ini meneliti mekanisme dan konsekuensi politisasi agama dengan mengintegrasikan konsepkonsep utama al-MAward seperti adl .
, amAnah .
, wilAyah al-qasAAo .
toritas kehakima.
, dan uisbah .
engawasan publi.
sebagai standar etika konstitusional dalam perilaku Dengan menggunakan metode kualitatif deskriptif dan pendekatan studi kasus, penelitian ini menganalisis interaksi antara elit politik, aktor keagamaan, dan aparat penegak hukum untuk memahami bagaimana hubungan tersebut memengaruhi proses pengambilan keputusan.
Temuan penelitian menunjukkan tiga bentuk distorsi konstitusional: instrumentalisasi narasi keagamaan untuk mendelegitimasi lawan politik, intervensi kelompok keagamaan dalam proses peradilan yang mengancam independensi lembaga hukum, dan aliansi transaksional yang mengkompromikan objektivitas otoritas negara.
Dari perspektif fiqh siyasah al-MAward, praktik-praktik tersebut melanggar maqAid al-sharah khususnya pemeliharaan keadilan, akal, dan harmoni sosial serta bertentangan dengan etika konstitusional yang harus menjadi dasar legitimasi pemerintahan.
Studi ini menyimpulkan bahwa politisasi agama berfungsi sebagai ancaman sistemik terhadap rule of law, merusak kepercayaan publik, dan menyimpang dari model normatif otoritas politik yang adil menurut al-MAward.
Penelitian ini memberikan kerangka yurisprudensial yang menunjukkan bagaimana fiqh siyasah dusturiyyah dapat membimbing praktik pemerintahan yang etis dan akuntabel dalam sistem politik kontemporer di masyarakat Muslim.
Kata Kunci: Politisasi agama.
penegakan hukum.
hukum Islam.
pemilihan demokratis.
Indonesia Introduction The politicization of religion in the democratic political campaign has brought serious consequences for the integrity and objectivity of the law enforcement process.
1 This phenomenon not only creates social tension but also disrupts the independence of the judiciary in handling cases involving religious sentiments.
Chaney and Sahoo note that law enforcement in cases of religious politicization during the democratic era is often hampered by social pressure and structural obstacles, which prevent the legal process from functioning as it should.
2 This situation is reflected in various concrete cases that show how religious issues are used as a tool for political mobilization, while law enforcement officials are in a dilemma between enforcing the law or responding to emotionally charged public pressure.
3 That context, as Rosman notes, can threaten legal independence, because Zainuddin Zainuddin et al.
AuSiyAsah SharAoiyyah and the Politicization of Religion in the 2019 Indonesian Presidential Election,Ay AHKAM : Jurnal Ilmu Syariah 22, no.
2 (December 2.
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Paul Chaney and Sarbeswar Sahoo.
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BBC News Indonesia.
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AosubjektifAo Dan AoAda Tekanan Massa,AoAy BBC News Indonesia.
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Idamatussilmi legal decisions are not always made on juridical grounds but rather through compromises with political powers.
The use of religion in the political arena often creates a tug-of-war between democratic legitimacy and ideological manipulation.
SafaAoat states that religious expression in politics is viewed as part of the freedom of speech guaranteed in a democratic system.
5 However, when religion is used strategically to construct political identity, strengthen electoral support, or delegitimise opponents, this practice falls into the realm of the politicization of religion.
6 Such politicization has the potential to undermine the principles of justice and equality under the law, especially when law enforcement officials face pressure from religious groups.
7 The challenge becomes even greater when religious issues are used to frame legal cases emotionally, making the judicial process susceptible to political intervention and public pressure.
The politicization of religion is a practice that not only shapes public opinion but can also influence and even intervene in legal policies through political power, making it crucial to explain and evaluate.
In the last ten years, discussions on the politicization of religion have tended to focus on three dominant contexts.
First, studies highlight the use of religious symbols and narratives in political 8 Second, studies emphasise the role of political elites and religious figures in forming strategic coalitions.
9 Third, studies that highlight the social impact of the politicization of religion.
From these three approaches, it can be concluded that studies on the politicization of religion are generally descriptive and normative.
there has been little critical analysis of its impact on the legal system and democracy.
In fact, the politicization of religion not only affects the electoral political Edi Rosman.
Aidil Alfin, and Bustamar Bustamar.
AuPolitik Hukum Pidana Indonesia: Analisis Korelasi Siyasah SyarAoiyah Dan Pencegahan Korupsi,Ay Al-Manahij: Jurnal Kajian Hukum Islam 13, no.
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Muchamad Ali SafaAoat.
AuThe Roles of the Indonesian Constitutional Court in Determining State-Religion Relations,Ay Constitutional Review 8, no.
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: 113Ae50, https://doi.
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Luthfi Assyaukanie.
AuReligion as a Political Tool Secular and Islamist Roles in Indonesian Elections,Ay Journal of Indonesian Islam 13, no.
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Miftahul Hidayat.
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Faiz Albar Nasution, and Rahma Hayati Harahap.
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Al-ManAhij: Jurnal Kajian Hukum Islam The Politicization of Religion and Law .
realm but also poses serious challenges to the principles of law and the sustainability of an ideal democratic system in a country.
The politicization of religion in campaigns has posed serious challenges to the principles of law and the sustainability of an ideal democratic system in a country.
11 When religion is used as a tool for political mobilization, the democratic process becomes vulnerable to being infiltrated by exclusive identity interests.
Zainuddin argues that the politicization of religion not only creates distortions in the electoral political arena but also has a direct impact on the law enforcement process due to social and ideological pressures.
12 However, to date, studies on religious politicization have tended to adopt a descriptive approach and have been neither comprehensive nor systematic.
Existing studies map symptoms or cases without deeply linking them to legal and democratic governance issues.
In addition to addressing the shortcomings of existing studies, this study focuses on explaining the characteristics of cases of religious politicization to analyse its structural impact on the independence of legal institutions and the legitimacy of democracy in the contemporary political era.
A concrete example of religious politicization in IndonesiaAos electoral contestation can be seen in the 2017 Jakarta gubernatorial election.
In this case, religious discourse was strategically employed to delegitimise a candidate by transforming a legal issue into a moral, religious accusation that mobilized large-scale public protests.
The framing of the blasphemy allegation not only shaped voter perceptions but also exerted significant pressure on law enforcement agencies, demonstrating how religious identity can be instrumentalised to influence judicial processes during an electoral This incident highlights how political actors, religious authorities, and mass organizations can form a symbiotic relationship in using religious narratives to strengthen political interests.
The legal proceedings that followed revealed the vulnerability of judicial institutions when confronted with religiously charged public pressure, illustrating that thepoliticization of religion operates not merely at the discursive level but also directly and measurably affects legal independence and democratic This study employs a qualitative descriptive design with a case study approach to explore contextual data in depth.
Data collection was conducted through online news searches using the keywords Aureligion, politicization, and law enforcement challenges in the democratic era on google.
The search process was conducted intensively, using critical reading and systematic content analysis to extract information relevant to the studyAos focus.
To enhance the reliability and visualisation of the data, the collected sources were processed using data-mapping techniques to visualise keyword Muhammad Shohibul Itmam et al.
AuLegal Politics of Mining Spatial Planning in Sumenep District: MaqAid SyarAoah Overview,Ay Ijtihad : Jurnal Wacana Hukum Islam Dan Kemanusiaan 25, no.
1 (June 2.
: 1Ae27, https://doi.
org/10.
18326/ijtihad.
Madura.
Indonesia and the relevance to MaqAid SyarAoah as a pillar of Islamic law.
In this context, qualitative analysis was used by collecting data through observation, interviews, and document review.
The results showed that phosphate mining regulations in Sumenep Regency reflected sensitive dynamics using political law theory as an analytical tool and a socio-legal method, where economic interests, environmental sustainability, and community aspirations were in conflict.
Additionally, legal politics in the formulation of Regional Regulations (Perda Zainnuddin et al.
AuSiyAsah SharAoiyyah and the Politicization of Religion in the 2019 Indonesian Presidential Election,Ay Ahkam:
Jurnal Ilmu Syariah 22, no.
: 357Ae84, https://doi.
org/10.
15408/ajis.
Petter Gottschalk.
AuWhite-Collar Crime: Detection and Neutralization in Religious Organizations,Ay International Journal of Police Science & Management 19, no.
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1177/1461355717711453.
Nanang Hasan Susanto.
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Vol.
19 No.
July-December 2025 M.
Rizal Qosim.
Hajar Salamah Salsabila Hariz.
Yusuf Ibrahim Arowosaiye.
Mabarroh Azizah.
Idamatussilmi co-occurrences, thematic clusters, and relational patterns among concepts such as religious politicization, law enforcement, judicial independence, and democratic elections.
This visualisation allowed for the identification of dominant themes and structural linkages within the dataset more From this combined process, three main thematic clusters emerged: .
the use of religious issues to criminalize political opponents, .
the intervention of religious groups in law enforcement processes, and .
legal decisions shaped by transactional political interests.
Additional data were obtained from literature sources, including books, statutory texts, and peer-reviewed scientific The integration of content analysis and data-mapping techniques enables this study not only to describe the phenomenon of religious politicization in the context of law enforcement but also to systematically evaluate how these practices affect legal independence and the quality of democracy in Indonesia.
In explaining and evaluating the extent to which the politicization of religion affects legal independence and the quality of democracy in Indonesia, this study focuses on three main questions.
First, how is the use of religious issues exploited as a tool for the criminalisation of political opponents, and what is its impact on the principle of legal justice? Second, what forms of intervention do religious groups undertake to influence the independence of law enforcement processes? Third, how does transactional politics shape legal decisions, particularly in processing cases of religious politicization in the democratic era? This study argues that the politicization of religion is not merely a symbolic phenomenon in electoral campaigns, but a practice that can structurally threaten the principles of a constitutional state, undermine judicial legitimacy, and create inequalities in access to justice.
This context reflects an inequality in which pragmatic political interests often override.
The context reflects the existence of inequality, where pragmatic political interests often override the principles of substantive justice in the era of democracy.
The Use of Religious Issues as a Tool to Criminalize Political Opponents The use of religious issues as a political tool is a strategy that often emerges in democratic contests, particularly to attack or discredit political opponents.
15 In practice, religious issues are exploited to shape a negative image of certain parties by associating them with alleged deviations from religious values.
This strategy aims to build public opinion that political opponents are morally and ideologically unworthy.
The politicization of religion functions not only as a tool of delegitimisation but is also systematically used to criminalize those deemed a political threat.
However, such an approach is highly risky, as it can provoke polarization and broader social conflict.
The use of religious issues as a tool for criminalizing political opponents can be seen in Table 1.
Edi Rosman.
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Al-ManAhij: Jurnal Kajian Hukum Islam The Politicization of Religion and Law .
Table 1.
Cases of the use of religious issues in political campaigns.
Case Description Implication Source The Ahok Case (Basuki Tjahaja Purnam.
The non-Muslim governor of Jakarta, who was sentenced to prison related to blasphemy charges, was seen as politically motivated.
The use of https://w.
religious issues com/indonesia/ to undermine minority Muslim political opponents.
Simultaneous Regional Elections 2018 in Various Regions Some regional head candidates face religiously charged accusations aimed at discrediting Black campaigns use religious issues as a political https://kumparan.
com/erucakra-garudanusantara/politikidentitas-dan-pilkadaserentak-1523609183005 Legislative Election 2019 The legislative candidates use religious issues to attack their political opponents through social The politicization of religion as a tool for negative campaigning and https://w.
arsip/isu-agama-dinilaimasih-jadi-andalan-dipemilu-2019-763666 Alleged Religious Allegations of blasphemy Blasphemy Case against local figures are in Papua politicized for specific Social conflict has increased due to the politicization of religion in vulnerable areas.
https://topikpapua.
com/2025/07/04/ isu-agama-dan-klaimwilayah-adat-pada-psupapua/ Presidential The spread of religiously Election 2019:
inclined hoaxes to Religious Hoaxes discredit certain The use of religious issues for and digital black https://news.
berita/d-4498251/dibogor-maruf-luruskanhoax-yang-serangjokowi Source by: Online News via Google Table 1 shows various cases of the utilisation of religious issues in political campaigns during the democratic era in Indonesia.
17 The data reveal that religion is not only used as a rhetorical tool to attract voter sympathy, but is also used as a basis for legitimacy in imposing social or legal sanctions against political opponents.
In several cases, accusations of violations of religious values are used to justify legal action.
Santoso18 stated that the politicization of religion has exceeded the realm of public perception and entered the institutional domain, where the support of religious groups is used Putri Rahmah Nur Hakim et al.
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Vol.
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Rizal Qosim.
Hajar Salamah Salsabila Hariz.
Yusuf Ibrahim Arowosaiye.
Mabarroh Azizah.
Idamatussilmi to strengthen legal actions against certain political actors.
19 This phenomenon indicates a reduction in the meaning of religion, from a universal moral principle to an instrument of practical political Bentzen and GokmenAos20 use of religious issues in this context is not only symbolic but also has serious structural consequences.
This practice has the potential to undermine the integrity of democracy by creating imbalances in fair and inclusive political competition for all parties.
In political campaigns in Indonesia, the politicization of religion as a tool for criminalization is an increasingly concerning practice.
21 Table 1 presents several significant cases, including the 2017 DKI Jakarta gubernatorial election, where gubernatorial candidate Basuki Tjahaja Purnama (Aho.
was charged with blasphemy.
A similar phenomenon also occurred in various other elections and local elections, often marked by black campaigning and the spread of hoaxes with religious sentiments, particularly in the digital space.
Religious issues are not only used to shape public opinion but also to push for legal processes against political opponents, thereby creating patterns of identity-based The implications of such practices are very serious, including increased social polarization, intergroup conflicts, and a weakening of public trust in a legal system that should be Campbell22 emphasises that the politicization of religion has become a significant challenge for law enforcement, which now has to face intense political and social pressures in a democratic The use of religious issues as a tool for political criminalisation reflects the complexity of the relationship between religion, politics, and law in the era of Indonesian democracy.
This phenomenon shows that religion no longer functions merely as a spiritual or social identity but has become an effective political instrument for building legitimacy while simultaneously undermining political 23 In the context of a democracy that is still in process, the politicization of religion has the potential to exacerbate social fragmentation and threaten national political stability.
Pressure from religious groups with significant influence often creates a non-neutral legal dynamic.
As a result, the law enforcement process tends to be politicized and moves away from the principles of justice and equality before the law.
24 This condition indicates a disparity between the ideal of independent law and political practice, which is marked by group-interest interventions.
Injustice in political contests can not only deepen societal polarization but also weaken social cohesion, which should be the main foundation for inclusive democracy.
In FrankenAos perspective,25 the politicization of religion in political campaigns is analysed through the concepts of political instrumentalism and critical secularism.
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Al-ManAhij: Jurnal Kajian Hukum Islam The Politicization of Religion and Law .
religion not merely as a spiritual belief but as a political resource that can be utilised to gain power.
Azhar,26 a political actor, uses symbols and religious rhetoric to mobilize support and discredit political Meanwhile, critical secularism highlights the blurred boundaries between religion and the state, especially in pluralistic democratic countries like Indonesia.
When the separation between religious institutions and the state weakens, religion becomes vulnerable to being used as a tool of political dominance, which ultimately disrupts the independence of the law.
27 This context has the potential to lead to unfair criminalisation practices and undermine democratic principles.
28 An evaluation of the politicization of religion needs to be conducted in a multidimensional manner through legal reforms that ensure neutrality, political education that promotes rational voting, and the strengthening of tolerance among groups.
The use of religious issues as a tool for criminalisation in political campaigns reflects a serious challenge to the realisation of a pluralistic and just democracy.
When religion is manipulated as a political instrument, social cohesion becomes fragile, and society is divided based on religious 29 Law enforcement is no longer oriented towards justice, but has become a tool of power used to weaken political opponents.
30 The politicization of religion shows the imbalance of power relations that not only undermines the democratic process but also erodes public trust in legal institutions and the manipulation of symbols and religious values.
The manipulation of symbols and religious narratives in campaigns also obscures the boundaries between an inclusive public space and narrow political interests.
To maintain the integrity of democracy and the supremacy of law, it is essential to limit the exploitation of religion in politics through legal reform, political literacy, and the strengthening of tolerance values in public space.
Law Enforcement Influenced by Pressure from Religious Groups Law enforcement in political campaigns during the democratic era often faces serious challenges, particularly pressure from religious groups, which can undermine the independence of legal authorities.
31 Evidence of this can be seen in the 2017 Jakarta gubernatorial election, where mass mobilizations led by religious organizations exerted significant pressure on prosecutors and judges handling the blasphemy case involving a political candidate.
32 Public demonstrations such as the AuAksi 411Ay and AuAksi 212Ay not only shaped public opinion but also created an environment in Anang Anas Azhar.
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Hajar Salamah Salsabila Hariz.
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Idamatussilmi which law enforcement actors were compelled to respond to religiously charged sentiments.
This case demonstrates concretely how religious pressure during political campaigns can influence legal decision-making and disrupt the impartiality expected in a democratic legal system.
The intervention of religious groups in resolving election conflicts has the potential to influence legal decisions, which should be based on principles of justice and the rule of law.
33 When legal decisions favour certain groups, they can undermine the lawAos credibility and erode public trust in legal institutions.
Indonesia, various political campaigns exhibit similar symptoms, in which the law appears to be influenced by external pressure.
Law enforcement influenced by pressure from religious community groups in the democratic era can be seen in Table 2.
Table 2.
Cases of enforcement that seem to be influenced by religious groups.
Case Description Implication Source The DKI Jakarta 2017 Gubernatorial Election Case Law enforcement Law enforcement faces pressure from is slow and seems religious groups when biased.
taking action against religious-based hate https://megapolitan.
read/2020/12/02/17531761/ mengenal-reuni-212-dariaksi-melawan-ahok-hinggakriitik-pemerintah Handling cases of hate speech on social media Pressure from religious communities hinders the legal process against perpetrators of online hate speech.
Law enforcement is hesitant to act against the perpetrators due to the risk of social conflict.
https://w.
id/artikel/bawaslu-balikhawatirkan-penyebaranujaran-kebencian The case of the burning of places of worship in several areas Religious mass pressure obstructs the investigation and enforcement of the law against riot The legal process is stalled due to intimidation and pressure from religious groups.
https://tirto.
id/membakarrumah-tuhan-negara-gagallindungi-keberagaman-disintang-gjAC Religious conflict cases in Papua Security and law enforcement agencies face pressure from local religious groups in handling cases.
Law enforcement is difficult due to social tensions and community https://w.
com/berita/4990229/ menteri-ham-konflik-dipapua-biasanya-munculpada-momen-pilkada? Lubis.
Nasution, and Harahap.
AuThe Commodification of Religious Rituals: Representations of Political Actors in Indonesian Elections.
Ay Al-ManAhij: Jurnal Kajian Hukum Islam The Politicization of Religion and Law .
Case The case of blasphemy by public figures Description Implication Pressure from Law enforcement religious communities is influenced by urges law enforcement public sentiment, to adopt less objective lacking balance.
Source https://w.
com/dhindhashoufie663 0/67f1274934777c515174 df03/keterlibatan-ormaskeagaman-dalam-politikdi-indonesia-peluang-dantantangan?page=all&page_ Source: Online news via Google.
Table 2 presents various cases of law enforcement in political campaigns that appear to be influenced by pressure from religious groups in the era of democracy.
These cases demonstrate the weakness of the independence of legal institutions in addressing violations, especially those related to the politicization of religion.
The inability to remain neutral can shift law enforcement away from principles of justice toward the interests of certain groups.
34 Interventions by religious groups often occur in the resolution of electoral conflicts, ultimately steering the legal process away from substantive justice.
When the law no longer serves as a neutral forum for resolving disputes, public trust in the legal system begins to erode.
Such conditions can create the perception that the law is subject to external pressures rather than to the principles of justice and the supremacy of law, which is dangerous for the development of democracy.
35 In addition to opening the door to discriminatory practices against certain groups, it also weakens the legitimacy of legal institutions and exacerbates social polarization.
The politicization of religion in the context of law enforcement during elections poses a serious challenge to the democratic system and the rule of law.
Pressure from religious groups often emerges in handling electoral conflicts, such as the DKI Jakarta gubernatorial election in 2017 and several incidents of hate speech.
This pressure is not only moral or social in nature but also includes acts of intimidation, threats, and mass mobilization that can disrupt the independence of law enforcement 36 In the case of the burning of places of worship and conflicts rooted in religion in Papua, the legal process has even been halted or delayed due to concerns over broader social escalation.
37 This phenomenon shows how pressure from religious groups can shift the legal focus from substantive justice to responses to political and social pressures.
In the context of elections, this is very dangerous, as it opens the door to discrimination and strengthens polarization while undermining the principle of justice that should be upheld in a democratic state.
The process of law enforcement in cases of religious politicization often reflects a tension between formal legal norms and social-political dynamics in Indonesia.
The pressure from religious Karman.
Ibnu Hamad, and Udi Rusadi.
AuCommodification of Instrumental Islamic Piety in Indonesian Political Contestation 2019,Ay Asian Journal of Communication 34, no.
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Idamatussilmi groups with significant social influence often forces compromises in the law-enforcement process for religious-politicalization cases during political campaigns.
38 This pressure is not only symbolic or moral, but is also manifested through mass actions, strengthened public opinion, and threats to social stability, especially when the issues raised are related to religion.
Law enforcement officials often face a dilemma between strictly enforcing the law or avoiding potential horizontal conflicts.
39 This phenomenon indicates that religious social power in a political context can supersede formal legal authority, rendering the law less effective as an objective tool for resolving conflicts.
In a pluralistic democratic country, this situation becomes highly problematic, even undermining the foundations of the rule of law and opening space for discrimination and legal uncertainty in the political process.
The pressure from religious groups on the law enforcement process can be reflected through the concepts of power negotiation and legal legitimacy.
The notion of power negotiation illustrates how social actors, such as religious groups, have the ability to influence the course of the law through social pressure, public opinion, and political mobilization.
40 In the context of political campaigns in the era of democracy, this pressure not only directly affects legal processes but also shapes negative public perceptions of legal principles that are supposed to be neutral and fair.
The legitimacy of the law depends heavily on the publicAos trust in a judicial system free from any partyAos intervention.
When the law is seen as being subject to the pressures of religious groups, its legitimacy will weaken, particularly in cases involving religious issues during elections.
This situation can create tension between formal law, grounded in rules, and social power, grounded in mass influence.
The enforcement of law in cases of religious politicization during political campaigns in an era of democracy, influenced by pressure from religious groups, poses a serious threat to the principles of justice and social stability within the democratic system.
When law enforcement officials are unable to act independently, legal decisions become susceptible to external pressures rather than being based on the principles of legality and justice.
42 This context has direct implications for the decline of public trust in legal institutions, especially when there is an impression that certain groups are treated specially or are above the law.
In the context of political campaigns, pressure from religious groups not only affects legal processes but also reinforces bias and discrimination against other groups, which can deepen social polarization.
43 When the law loses its integrity and authority, the process of politicising religion in the political campaign era of democracy will certainly no longer produce fair and inclusive decisions.
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AuCommodification of Instrumental Islamic Piety in Indonesian Political Contestation 2019.
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Legal Decisions Influenced by Transactional Political Needs and Political Law Dustutiyah Legal decisions in cases of religious politicization during political campaigns often fail to consistently reflect the principles of justice and the supremacy of law.
44 These decisions are usually influenced by transactional political interests, in which the law is used as a compromise tool to maintain power, stability, or short-term interests.
Siddiq and Salam emphasise that in many cases, the law enforcement process does not proceed objectively but is subject to political pressure and power dynamics.
45 This context has created inconsistencies in the imposition of sanctions on perpetrators of religious politicization, thereby worsening legal uncertainty in society.
The implications of transactional politics for legal rulings can be identified through decision-making patterns inconsistent with the principles of justice.
Legal decisions that are considered influenced by the needs of transactional politics can be seen in Table 3.
Table 3.
Legal decisions influenced by transactional political needs.
Case Description Implication Source The DKI Jakarta 2017 Gubernatorial Election Case The legal ruling on religious blasphemy is seen as being influenced by political pressure and elite interests.
The decision is seen as a result of a political compromise that sacrifices legal https://daerah.
com/berita/1202360/171/ gnpf-mui-duga-kasusahok-kental-aroma-politiktransaksional The corruption case of highranking officials was halted Some corruption cases involving officials were halted due to behind-thescenes political Law enforcement is weak due to the political compromise of the https://w.
indonesia/articles/ Judgment on hate speech during the Regional Head Election Political decisions overturn several criminal rulings against politicians suspected of hate The decision prioritises political stability over https://w.
peristiwa/polisi-hentikankasus-viktor-laiskodatkarena-dilindungi-hakimunitas.
Election result disputes that are religious in The courtAos ruling in the election dispute is rife with political The decision is influenced by political pressure and elite party https://nasional.
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AuIslamic Law Practice among East Javanesse Chinese Muslims.
PITIAos Contribution on Its Enforcement,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 19, no.
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19105/al-lhkam.
Suad Fikriawan.
Syamsul Anwar, and Misnen Ardiansyah.
AuThe Paradigm of Progressive JudgeAos Decision and Its Contribution to Islamic Legal Reform in Indonesia,Ay Al-Manahij: Jurnal Kajian Hukum Islam 15, no.
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: 249Ae62, https://doi.
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24090/mnh.
Henky Fernando et al.
AuLeadership and the Money Politics Trap in Islamic Legal Thought: A Case Study of Indonesia as a Muslim-Majority Country,Ay Nurani: Jurnal Kajian SyariAoah Dan Masyarakat 24, no.
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Rizal Qosim.
Hajar Salamah Salsabila Hariz.
Yusuf Ibrahim Arowosaiye.
Mabarroh Azizah.
Idamatussilmi Case Description The case of the detained political activist who was Activists imprisoned on political charges were later released following a political Implication Law is used as a tool for political negotiation, not pure justice.
Source https://w.
politik/cerita-munirputuskan-dukung-amienrais-siswono-padapilpres-2004-2066863 Source: Online news via Google.
Table 3 presents various law enforcement cases that demonstrate the influence of transactional political dynamics in political campaigns during the democratic era.
In several cases, law enforcement officials appear to be selective in addressing violations, particularly when the perpetrators have strong political affiliations or strategic positions in electoral contests.
Karimullah emphasises that such practices reflect inequality in the application of the law, directly eroding public trust in the integrity of judicial institutions and weakening the foundations of democracy.
46 Religious issues used as tools of political mobilization are often not decisively addressed through the appropriate legal mechanisms.
This context indicates the weakness of the independence of legal institutions in maintaining neutrality amid practical political pressures.
As a result, the principle of justice becomes blurred, and the supremacy of law loses its central role in the democratic system.
When law is treated as a tool for political power transactions, the legitimacy of the rule of law is also threatened, and the democratic process becomes vulnerable to manipulation by short-term interests.
Legal decisions influenced by transactional political needs refers to the practice in which court decisions are no longer based entirely on legal evidence and principles of justice.
In this context, several cases demonstrate a pattern in which legal rulings align with certain political interests rather than with objective legal standards.
47 The Ahok case, for example, stands out as an example where religious mass pressure and political considerations influenced the direction of the ruling.
Similarly, in various electoral disputes, political interventions often pressure the judiciary to issue decisions that favour certain parties.
Such practices can undermine legal independence and shift the courtsAo function from enforcing justice to a tool for political stabilisation.
48 As a result, the public has become increasingly skeptical of the legal systemAos integrity and doubts the stateAos commitment to the principles of justice, which should be the central pillar in a democratic system.
Legal decisions influenced by transactional political needs reflect the imbalance of power between the judiciary and political elites in Indonesia.
In such conditions, the law no longer serves as an independent instrument of justice but functions as a tool in pragmatic political strategies.
49 The rulings produced are often the result of compromises or political negotiations, aimed at maintaining coalition stability, easing political conflicts, or preserving power.
Tyson highlights the strong political influence over the judiciary, which ultimately obscures the principle of substantive justice.
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Al-ManAhij: Jurnal Kajian Hukum Islam The Politicization of Religion and Law .
context of political campaigns involving religious issues, the politicization of law becomes even more complex, as pressure from religious groups can influence decision-making in favor of specific This condition has led to disappointment and distrust in the legal system, as the law is no longer seen as just, neutral, and reliable in resolving conflicts in elections.
Hanan can explain the phenomenon of legal decisions influenced by transactional politics51 through the approach of legal politics and the theory of political hegemony.
The legal politics approach assumes that law is not entirely neutral, as it always exists within the context of prevailing political structures and dynamics.
Pavone52 states that legal decisions often reflect political interests, rather than merely substantive justice.
ynzyelikAos political hegemony highlights how ruling groups use legal institutions to maintain and expand their power through compromise, negotiation, and control over electoral outcomes.
The politicization of law through transactional mechanisms shows that law operates as an arena for elite interests rather than a neutral space that guarantees justice for all citizens.
53 In the context of the politicization of religion, this condition becomes increasingly complex because ideological pressures and mass influence can reinforce interventions against the law, leading to a decline in public trust in democracy.
The influence of transactional politics in the judicial process reflects a serious challenge to the rule of law in IndonesiaAos democratic era.
55 A legal process that is subjected to practical political interests, norms, and legal values will lose its independence as a main pillar of democracy.
56 In the context of the politicization of religion, public pressure based on religious identity is often exploited by political elites to undermine the legal process in order to gain support or maintain power.
This practice, as noted by Yin, has led the law to no longer operate on the principle of legality, but rather to follow the dictates of power compromises.
57 When political elites can influence the direction of decisions through mass power or coalition pressure, the law loses its character as an impartial As a result, legal uncertainty arises, and public trust in judicial institutions weakens, so the rule of law as the foundation of a democratic state no longer has the full strength to control deviations in political contests.
From a constitutional law perspective, al-MAward asserts that state power must be directed towards upholding justice .
qAmat al-Aoad.
, maintaining order .
ife al-nieA.
, and preventing injustice Djayadi Hanan.
Tri Sulistianing Astuti, and Luthfi Widagdo Eddyono.
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58 These principles contradict the phenomenon of legal decisions influenced by transactional political needs, as described earlier, in which the law is used as a tool of compromise to maintain the stability of power.
59 When the law is subject to the interests of the elite, the state experiences what al-MAward calls tasallut al-sulah, namely the abuse of authority that undermines the sharAoi objectives of government.
This shows that the politicization of law, especially in cases involving religious sentiment during electoral contests, has distanced the state from the principles of justice and the rule of law that should be the foundation of the political system.
Al-MAward, in al-AukAm al-SulAniyyah, views the independence of judicial institutions .
asAA.
as an absolute prerequisite for the enforcement of law.
When executive power or mass pressure influences judges, fasAd al-uukm occurs a corruption in the decision-making process that renders the law devoid of moral authority.
61 The phenomena described above from the Ahok case, election disputes rife with intervention, to the resolution of campaign violations influenced by political affiliations, are concrete examples of fasAd al-uukm.
62 In this context, the law changes from an instrument of justice to an instrument of political legitimacy, resulting in legal uncertainty, selective law enforcement, and a degradation of public trust in judicial institutions.
This condition reflects the collapse of the principle of legal independence, which is one of the main pillars of siyAsah dustriyyah.
Furthermore, al-MAward warns that distorting the law for political interests will cause inqilAb al-nieAm, the collapse of the political order due to the loss of state legitimacy.
The politicization of law through power transactions and the mobilization of religious issues, as explained earlier, reveals the fragility of democracyAos foundations, as the rule of law is threatened by pressure from elite and majority groups.
Within the framework of siyAsah dustriyyah, the state can only maintain stability and legitimacy if the law stands above all political interests.
64 When the law is treated as a political commodity rather than a guide to justice, the stateAos function as the guardian of the public interest weakens, and the quality of democracy declines.
Thus, the phenomenon of law being subject to political transactions is not merely a technical problem of law enforcement, but a serious threat to the principles of Islamic constitutionalism and the sustainability of the democratic system itself.
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AuReinforcing the Role of the Gakkumdu Center in Electoral Law Enforcement: A Contemporary Analysis from the Perspective of Fiqh Siyasah Dusturiyah,Ay MILRev: Metro Islamic Law Review 4, no.
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AuReinforcing the Role of the Gakkumdu Center in Electoral Law Enforcement: A Contemporary Analysis from the Perspective of Fiqh Siyasah Dusturiyah.
Ayits effectiveness has always been debated.
Data from Lampung Province show an extremely low prosecution rate, indicating entrenched issues in its structure, legal framework, and institutional This study aims to analyze the central causes of GakkumduAos ineffectiveness in Lampung and to formulate a concrete, integrated institutional-strengthening model from the perspective of Fiqh Siyasah Dusturiyah.
This research employs an integrated socio-legal approach, combining normative legal analysis of legislation with qualitative empirical methods and in-depth interviews conducted through purposive sampling.
To maintain methodological consistency, the empirical findings were critically analyzed using Lawrence FriedmanAos Legal System Theory (Structure.
Substance.
Culture Habib Ismail.
Dani Amran Hakim, and Muhammad Lutfi Hakim.
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Al-ManAhij: Jurnal Kajian Hukum Islam The Politicization of Religion and Law .
Conclusion The findings of this study demonstrate that the politicization of religion in political contestation is not a temporary or incidental event but a deeply rooted structural problem that disrupts the integrity of IndonesiaAos democratic legal order.
When religious narratives are mobilized as political instruments, such practices affect not only public perceptions of fairness but also undermine judicial independence and legal certainty.
From the perspective of al-MAwardAos fiqh siyAsah dustriyyah, these actions constitute an abuse of authority that violates the principles of al-adl .
and amAnah .
and obstructs the proper function of wilAyah al-qasA, the judicial authority responsible for safeguarding impartiality and institutional integrity.
Through empirical observations and the application of Islamic legal ethics, this study affirms that political pragmatism and religious symbolism often converge to create a pattern of legal instrumentalisation that classical Islamic political theory explicitly rejects.
According to al-MAward, state authority must operate based on uisbah, public oversight designed to prevent deviation and ensure that law remains independent of mass pressure, elite interference, or informal political bargaining.
In this framework, the politicization of religion constitutes a constitutional distortion that weakens state authority and threatens the maqAid al-sharah, particularly the protection of justice, intellect, and social order.
Therefore, fiqh siyAsah dustriyyah offers a robust normative benchmark for evaluating the legal distortions that occur when the law is subordinated to identity-based political interests.
In the long term, this study provides an interpretive insight that strengthening the rule of law in Indonesia requires more than procedural reforms.
it necessitates the restoration of ethical foundations as articulated by alMAward: the enforcement of impartial justice, the maintenance of responsible governance, and the protection of public welfare .
Islamic legal ethics, emphasising political integrity, judicial neutrality, and public accountability, can serve as a complementary framework for reinforcing democratic institutions.
In this way, religion is not weaponised for electoral gain but becomes a source of values that fortify the legal order and nurture an inclusive and just democratic culture.
Finally, while this study acknowledges limitations in empirical depth and scope, its normative and conceptual contributions provide a foundation for future research.
Subsequent studies may expand this inquiry through comparative analyses, more systematic measurements of religious politicization, or explorations of institutional designs that safeguard judicial independence from political and religious interference.
Ultimately, protecting the law from manipulation by political and religious interests is essential not only for preserving democratic integrity but also for fulfilling the ethical commitments upheld by Islamic legal tradition and modern constitutional principles.
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