Al-Istinbath
Jurnal Hukum Islam

Vol. 8. No. 1, May 2023, 173-194
P-ISSN: 2548-3374 (p), 25483382 (e)
http://journal.iaincurup.ac.id/index.php/alistinbath

Analysis of Islamic Law Accommodation
In National Law during the Era of Democratic Transition
Government 2001-2004
*

Ilda Hayati1, Busman Edyar2
Institut Agama Islam Negeri Curup, Indonesia1,2
Corresponding author: *ildahayati@iaincurup.ac.id
DOI: https://dx.doi.org/10.29240/jhi.v8i1.5657
Received: 05-11-2022
Revised: 11-03-2023
Cite this article:

Accepted: 17-05-2023

Hayati, I., & Edyar, B. (2023). Analysis of Islamic Law Accommodation
In National Law during the Era of Democratic Transition Government
2001-2004. Al-Istinbath: Jurnal Hukum Islam, 8(1), 173-194.
doi:http://dx.doi.org/10.29240/jhi.v8i1.5657

Abstract
This paper aims to analyze the position of Islamic law in the
national legal system during the democratic transition (2001-2004),
which was led by Megawati Sukarnoputri. Although she and the
supporting party she led (PDIP) are often associated with
secularism (at least considered insensitive to the problems of
Muslims), during her reign from 2001 to 2004 several regulations
were born that accommodated the interests of Muslims in the form
of laws. This study uses a normative research method with primarybased secondary data sources. This study found that of the 126 laws
that were legislated during the 2001-2004 transitional government,
fourteen of them had intersections with the interests of Muslims
which were accommodated in two patterns; first, formalist
accommodation where the law strengthened the enactment of
Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001
concerning Special Autonomy for the Province of NAD; Law No.
18 of 2003 concerning Advocates, and so on. Second,
accommodation in the form of substantive laws that are in line with
Maqashid Shari'ah or at least do not contradict Islamic teachings as
illustrated in Law No. 20 of 2001 concerning Amendments to Law
No. 31 of 1999 concerning Corruption, Law No. 30 of 2002
concerning the Corruption Commission, Law No. 23 of 2002
concerning Child Protection, and others.
Keywords:

Accommodation; Islamic
Democratic Transition

Law;

National

Law;

Copyright © 2023 Ilda Hayati, Busman Edyar
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0
International License

174 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

Introduction
The relationship between Islam and power in Indonesia is not
monolithic. There are at least three relationship patterns put forward by Muslim
scholars in the country; first, the relationship that places Islam as an ideology in
the format of formal application of religious teachings into positive law in
Indonesia. Thus, the structural approach in the socialization and
institutionalization of Islamic teachings is supported by this orientation; Second,
the relationship that rejects the formalization of religion in the context of state
life. The supporters of this understanding consider that the integrity of the
nation will be disturbed if Islamic law is implemented. Third, the relationship
that is a middle ground between the two orientations above. In this context,
Islam is used as a sub-ideology for Pancasila as well as a compromise of growing
aspirations where in constitutional and democratic public policy making, religion
is involved. It can also be said that this orientation supports Islamization in the
form of (1) formal for certain private laws, such as the laws of zakat, hajj, family,
and so on (2) substantial, such as the case of murder offenders who are
sentenced to death which is in accordance with Islamic law even though it does
not use the term qishash formally, and (3) essential, i.e. the punishment imposed
if the implementation of the two forms above is difficult to realize, such as the
punishment for theft which is not the same as Islamic law but essentially meets
the provisions that theft is a criminal offense that can be subject to
punishment.1
Throughout the establishment of Indonesia, the struggle between these
three streams has often colored the life of the state. However, the pendulum of
history has always made the third model relationship a kalimatun sawa' (common
platform) that does not deny the involvement of religion in the state but also
does not affirm one religion alone. As a result, in every era of government, both
the old order, new order, and transition, religion continues to influence every
important policy making. The 2001-2004 democratic transition period led by
Megawati Sukarnoputri was no exception. Even though she and the political
party she led were categorized as a party that was less close to Islamic issues,
during her three years in office, regulations were still born that had intersections
with the interests of Muslims.
There are several previous studies that have intersections with this
discussion. Among them are Indah Rizki Aruma Nurjannah, Nurul Umamah,
and Marjono, (2018) who discuss Megawati's policies during her presidency in
2001-2004 related to national stability, eradicating corruption, and policies
towards foreign policy. However, it does not discuss Megawati's policies related

1 Masykuri Abdillah dalam Saripudin HA dan Kurniawan Zein (Ed), Syari’at Islam Yes,

Syari’at Islam No : Dilema Piagam Jakarta dalam Amandemen UUD 1945 (Jakarta: : Paramadina,
2001), h. 17

Ilda Hayati, Busman Edyar: Analisis Adopsi Hukum Islam dalam …….| 175

to Islam and Muslims in Indonesia, even though there are many intersections
related to Islamic interests.2
The second previous study was conducted by Ridho Imawan Hanafi
(2013) who found that Bamusi (Baitul Muslimin Indonesia) had a major
influence in changing the image of the Megawati-led PDIP from a secular
nationalist party to a religious nationalist party, as well as confirming the
convergence of Islam in Indonesia so that the nationalist-Islamic dichotomy
proposed by Clifford Geertz melted.3
Furthermore, Syahbudi (2021) explains that there is a dialectic between
religion and political behavior in the process of formulating Islamic law in
Indonesia (including during the transitional government). In this context,
religion and politics show an accommodative dialectical pattern where the state
accommodates religion which is marked by the enactment of various policies
that are seen as in line with the socio-economic, cultural and political interests of
Muslims, as in the National Education System Law passed during the
democratic transition period which requires education stakeholders to organize
religious teaching by teachers who are of the same religion.4
In line with this, Lutfi El Falahy (2020) states that the Pancasila legal
state is a form of all legal systems, i.e. the joining of all good elements of all legal
systems that exist in Indonesia in every era of government (in which the era of
democratic transition is included in it). At this level, customary law that is based
on religious values must get a proper place in the legal system. because it is what
makes a rule good or not and is also the original law of the Indonesians
themselves and is more in accordance with the character, personality and culture
of Indonesia.5
There are also Syugiarto and Nasir Mangngasing (2022) who examine
Megawati's leadership style which is oriented towards eastern culture, instilling
an understanding of anti-violence and democracy. This leadership style aims to
eliminate discrimination for women who are trying to rise to a higher position
which she proves with herself that women can lead a country.6

Indah Rizki Aruma Nurjannah, Nurul Umamah, dan Marjono, “Megawati
Presidential Political Policy in 2001 – 2004,” Jurnal Historica Volume 2, No. Issue 1 (Februari
2018): 52–64.
3 Ridho Imawan Hanafi, Sayap Islam di Partai Nasionalis Sekuler : Studi Tentang Baitul
Muslimin Indonesia di Partai Demokrasi Indonesia Perjuangan 2007-2012, t.t.
4 Syahbudi, “Memahami Dialektika Antara Perilaku Agama Dan Politik Dalam
Perumusan Hukum Islam Di Indonesia,” Al-Istinbath: Jurnal Hukum Islam 6, no. 2 (November
2021): 295–312.
5 Lutfi El Falahy, “Tarik Ulur Hukum Adat Dan Hukum Islam Dalam Hukum Positif
Di Indonesia,” Al-Istinbath Jurnal Hukum Islam 5, no. 1 (Mei 2020): 89–104.
6 Syugiarto dan Nasir Mangngasing, “Gaya Kepemimpinan Presiden Indonesia,” Jurnal
CITIZEN: Jurnal Ilmiah Multidisiplin Indonesia Vol 2, no. No. 1 (2022): 29–38.
2

176 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

In addition, Rahmania Agustina (2021) discusses the advantages of
Megawati's leadership style, which is persistent in fighting, and also discusses her
weaknesses, including being very long in making decisions, indifferent to
problems, a closed person, someone who is emotional, and allergic to criticism.
She is also considered to have failed to create trust in her people, her leadership
style emits more pent-up feelings than solutions, barely touching her vision and
mission.7
This study has the distinction that there has been no comprehensive
study that examines the accommodation of Islamic law during the transition
period where Megawati became President of the Republic of Indonesia. This
type of research is a normative legal research with a juridical-historical approach.
The research data sources are secondary made from primary materials obtained
through documentation studies. The focus of the study is to examine
transitional legislation products that have intersections with the interests of
Muslims, whether in formal or substantial form.
Discussion
The democratic transition period is a period of transition from an
authoritarian to a democratic system of power. After the fall of Suharto in 1998,
Indonesia experienced a transition period that began with Habibie (1998-1999),
then Abdurrahman Wahid (1999-2001), and continued with Megawati
Sukarnoputri (2001-2004). Megawati became President of Indonesia through a
Special Session of the MPR on July 23, 2001 shortly after President
Abdurrahman Wahid was impeached from the presidency. In accordance with
the Indonesian constitution,8 "If the president dies, resigns, is "dismissed", or is
unable to perform his obligations during his term of office, he is replaced by the
vice president until the end of his term of office". Thus automatically, as of July
23, 2001 Megawati occupied the position of the fifth President of the Republic
of Indonesia.
There are several problems faced by Megawati's transition government,
such as corruption, collusion and nepotism that continue to flourish, economic
downturn, law enforcement that has not run optimally, high inflation rates,
horizontal conflicts that do not go away, increasing poverty rates, and soaring
education costs, even to natural disasters in various parts of the archipelago.9
During Megawati's transition period, the 1945 Constitution was
amended twice (the third and fourth amendments), changing and adding articles
on the basic principles of the state, state institutions and relations between state

7

Rahmania Agustina, “Riwayat Kepemimpinan Megawati Soekarnoputri,” 19 Juni

2021.
8 Pasal 8 angka (1) UUD 1945 Perubahan Ketiga

9 Sembodo Ardi Widodo, “Islam dan Demokrasi Pasca Orde Baru,” Jurnal UNISIA

Vol. XXX, No. 65 (September 2007): 217–230.

Ilda Hayati, Busman Edyar: Analisis Adopsi Hukum Islam dalam …….| 177

institutions, as well as provisions on elections and abolishing the Supreme
Advisory Council.10
At the time of the amendment, the struggle of Islamic political parties to
implement Islamic ideology strengthened, proposing a re-discussion of the
Jakarta Charter in the process of amending the 1945 Constitution. The proposal
was initiated by three factions of Islamic political parties in the MPR, namely
PPP, PBB, Persatuan Daulatul Ummat Faction, and the Justice Party which
joined the Reformasi Faction.11 This attempt itself failed because it was not
supported by the majority of parliamentarians. It seems that for moderate
Islamic and nationalist parties, NKRI based on Pancasila is the final form of
state. At that time, the National Education System Law was also discussed,
especially Article 12 paragraph 1 (a) concerning religious studies that must be
given in accordance with the religion of the students and taught by teachers of
the same religion. This was a continuation of the discussion of the Sisdiknas Bill
during the previous Abdurrahman Wahid administration.12
In general, the figure of Megawati and the PDIP, which backs up her
leadership, often gets the spotlight among Indonesian Muslims. Apart from
being often associated with secularism, this party is also labeled as a party that is
less responsive to the interests of Muslims. In some regions such as West
Sumatera, for example, which is identical to religious fanatics, there is a lack of
Muslim support for the PDIP that she leads.
lvin Gumelar Hanevi, et al (2022), found that the PDIP-P Party is
considered a party that does not respond to the needs of the people and is
considered a party that does not move with the people with a percentage of
95.8% and has not moved with the people.13
Likewise Fadli Afriandi (2021), who found that the low vote of PDI
Perjuangan in West Sumatra was caused by the party's lack of populism for the
people of West Sumatra. PDI Perjuangan is considered insensitive to the
character of the Minangkabau people. Its identity and policies are not in
accordance with the tastes of the people, and its and its policies are not in
accordance with the tastes of the people, and its track record is not good for the
10 Politik Indonesia (Jakarta: Lembaga Penelitian UIN Syarief Hidayatullah Jakarta, 2011),

h. 140
11 Sukron Kamil, Islam Politik di Indonesia Terkini ; Islam dan Negara, Dakwah dan Politik,
HMI, Antikorupsi, Demokrasi, NII, MMI, dan Perda Syari’ah, Cet. I (Jakarta: : PSIA, 2013), h. 24
12 Busman Edyar, “RUU Sisdiknas Dan Pendidikan Pluralis Multikultural,” , Kompas,
March 31, 2003.; A. Bakir Ihsan, Ideologi Islam dan Partai Politik : Strategi PPP dalam Memasukkan
Nilai-nilai Islam ke dalam Rancangan UU di Era Reformasi, (Jakarta : Orbit Publishing Jakarta, 2016),
Cet. I, 8
13 lvin Gumelar Hanevi, Irwan, Azwar Ananda, Susi Fitria Dewi, dalam, “Persepsi
Masyarakat Kota Padang Terhadap Partai Demokrasi Indonesia Perjuangan (Studi Pada
Masyarakat Kelurahan Dadok Tunggul Hitam Dan Kelurahan Lolong Belanti),” Journal of Civic
Education Volume 5, no. No. 1 (2022): 252–60.

178 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

people in West Sumatra. its track record is not good for the people in West
Sumatra.14
This research certainly cannot be generalized to the whole of Indonesia
because in other regions PDIP has the support of fanatic Muslims as well. In
Surakarta, for example, people of Arab descent in their political affiliation with
PDIP have high loyalty. They join the PDIP in order to get a sense of security
and socio-political environmental factors and personality structures that are
reflected in the attitude in which they accept political stimuli and their open,
sociable, and extroverted personal characteristics.15
In several moments of national leadership elections, Megawati's
closeness to Muslims was also seen. During the 2004 presidential election, for
example, even though it was not carried by an Islamic party, the selection of
Hasyim Muzadi as a vice-presidential partner was clearly part of Megawati's
efforts to approach Muslims, especially Nahdhiyin residents. Likewise, during
the election of MPR leaders in 2004, PDIP was supported by the Reformation
Star Party led by KH Zainuddin MZ. In subsequent developments, in the
Regional Head elections, the PDIP coalition with Islamic parties also thawed
with the endorsement of candidates from the coalition.
Overall, the leadership of Megawati Sukarnoputri has accommodated
the interests of Muslims in the form of laws. Of the 126 laws produced in the
period 2001-2004, 14 of them had intersections with the interests of Muslims, 4
were formalist, and 9 were substantive.
1. Formalist Accommodation
Formalist accommodation is the accommodation of Islamic law in
national positive law in the form of regulations that strengthen the enactment of
Islamic law as contained in the texts of the Qur'an and hadith. In this case, the
state is present by formalizing what is desired by Islamic law. During the
Megawati administration, there were at least four legislative products that fell
into the formalist category, namely:
a. Law No. 18/2001 on the Special Autonomy of Nanggroe Aceh Darussalam
Unlike Indonesian society in general, Acehnese society is organized in
the adage "Adat bak po teumeureuhom; hukum bak syiah kuala; qanun bak putro phang;
reusam bak laksamana" (adat from the sultan, law from the ulema, qanun from
putra pahang, reusam from the admiral).16 The law referred to is Islamic law, then
adat is defined as unwritten law and has sanctions, applies to anyone
Fadli Afriandi, “Rendahnya Dukungan Terhadap Partai Demokrasi Indonesia
Perjuangan Di Sumatera Barat, Indonesia,” JISPO Jurnal Ilmu Sosial Dan Ilmu Politik Vol. 11, no.
No. 1 (2021): 133–54.
15 Bio Rahma Yuana dan Setiajid, “Afiliasi Politik Warga Keturunan Arab Dengan
Partai Demokrasi Indonesia Perjuangan Di Surakarta,” Unnes Political Science Journal 4, no. 1
(2020): 7–11.
16 Syamsul Bahri, “Pelaksanaan Syari’at Islam Di Aceh Sebagai Bagian Wilayah NKRI,”
Jurnal Dinamika Hukum Vol. 12, no. No. 2 (Mei 2012): 358–67.
14

Ilda Hayati, Busman Edyar: Analisis Adopsi Hukum Islam dalam …….| 179

indiscriminately, while urf is the opinion of ulema in running the country, but
not based on religion, but based on custom, while reusam is defined as a former
law. In addition, there is another confirmation from the Sultan, that if one day a
new adat (law) is born if it conflicts with Islamic law (law), then the new law
cannot be called adat. Therefore, it must be rejected. It was also stated that all
"laws" immediately become "adat". The two should not be separated and should
be fused like substance with nature. Thus, it can be understood that there were
two laws applicable in the kingdom of Aceh Darussalam at that time, namely:
the original law of adat itself and the "law" derived from Islamic law. Then both
are fused and cannot be separated.17
It was at this point that the Indonesian state accommodated it through
the establishment of the Special Autonomy Law for the Special Province of
Aceh as the Province of Nanggroe Aceh Darussalam. The first regulation
related to Aceh after the birth of the Law on Local Government was "the birth
of Law No. 44/1999 on the implementation of the privileges of the Special
Province of Aceh concerning the organization of religious life, customary life,
education and the role of ulama in determining regional policies. Then the
implementation of religious life is realized in the form of the implementation of
Islamic law for its adherents, while maintaining harmony between religious
communities".18
Explicitly through Law No. 44/1999, the government guarantees
freedom for Aceh in developing and practicing religious life in accordance with
Islamic Shari'a, including the Islamic judiciary, which becomes very crucial for
its existence because when talking about the implementation of Islamic Shari'a,
it also means talking about Islamic judiciary. This is because it is impossible for
the teachings of Islam to be implemented properly and perfectly if there is no
institution that functions to resolve problems / disputes / cases that occur in
society. The existence of Islamic judiciary also serves to ensure a sense of
justice, peace and tranquility in the community.19
Another important aspect of this law is the freedom of the Acehnese
Muslim community to implement Islamic law with the existence of the Syar'iyah
Court as mentioned in article 25 that for Muslims in the Province of NAD there
is a court "conducted by the Syar'iyah Court which is then regulated by Qanun
of the Province of NAD. The Aceh Qanuns, which relate to the procedures for
implementation, have various perceptions: 1) making Islamic law a positive law
that applies only to Muslims; 2) integrating the material and principles and moral
values of Islamic law into national law that applies to all citizens; 3) enabling
17 Misran, “Pelaksanaan Syariat Islam Di Aceh : Analisis Kajian Sosiologi Hukum,”
Legitimasi : Jurnal Hukum Pidana Dan Politik Hukum Vol.1, no. No. 2 (June 2012): 1–15.
18 Moh. Fauzi, “Problematika Yuridis Legislasi Syariat Islam Di Provinsi Nangroe Aceh
Darussalam,” Ahkam : Jurnal Pemikiran Hukum Islam 22, no. Nomor 1 (April 2012): 1–26.
19 Teuku Abdul Manan, Mahkamah Syar’iyah Aceh Dalam Politik Hukum Nasional (Jakarta:
Prenada Media Grup, 2018).

180 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

Islamic law in the public policy-making process. These provisions may influence
the culture and practice of law itself, in terms of whether religion or Islamic
Shari'a is the guiding principle of Acehnese society. The authority of the
Syar'iyah Court replaces all the authority of the religious courts, but the
authority of the Syar'iyah Court set out in Qanun No. 10 of 2002 also covers all
aspects of the law that require resolution through the judiciary.20
b. Law No.18 of 2003 on Advocates
In essence, this regulation talks about the provisions of advocates
(lawyers) in Indonesia. However, an important intersection in this provision is
when it provides legistimation for advocates who have a sharia educational
background. So far, only those who are allowed to work as advocates have a
background in law education (SH) and there is no opportunity for sharia
graduates. Whereas sharia alumni receive general legal education as well as other
general law graduates. In addition, they also have knowledge of Islamic law
which is clearly needed when litigating in religious courts. What's more, when
solving inheritance, marriage, and waqf cases, of course they are more fluent
than general law graduates who are not equipped with this material. "This is
different from the previous legal basis, namely SEMA Number 1 of 1998 dated
September 2, 1998, which opened the opportunity for sharia graduates to
become practicing lawyers specifically for the Religious Courts environment.
Although in practice, Sharia lawyers can practice in all judicial environments
because the cards issued by the High Court are not differentiated from lawyers
with law degrees, and the exam material is the same between Sharia lawyers and
lawyers.21
Article 2 (1) of this Law states that those who can be appointed as
Advocates are graduates with a background in legal higher education and after
attending special education for the Advocate profession conducted by the
Advocate Organization. Then in the explanation of article 2 paragraph (1) of
this Law, it is stated that what is meant by having a background in legal higher
education is a graduate of the faculty of law, faculty of sharia, military law
college, and police science college.22
The inclusion of the Faculty of Sharia clause in the law is a formal
"juridical recognition" for graduates of the Faculty of Sharia. Advocates
graduating from the Faculty of Sharia are not only equipped with the ability to
master the basic concepts of Islamic law, but also proficiency in solving legal
problems that are developing today. In addition, in 2016 the Ministry of
Religious Affairs issued a regulation on academic degrees as stipulated in the
Minister of Religious Affairs Regulation (PMA) Number 33 of 2016 concerning
the determination of the division of science and academic degrees within
20 Misran, “Pelaksanaan Syariat Islam Di Aceh : Analisis Kajian Sosiologi Hukum.”
21 Yusdani, “Posisi Tawar Sarjana Syari’ah Menurut Uu Advokat,” Al-Mawarid Edisi
XII (Tahun 2004).
22 Pasal 2 ayat (1) “UU N0 18 Tahun 2003 Tentang Advokat” (2003).

Ilda Hayati, Busman Edyar: Analisis Adopsi Hukum Islam dalam …….| 181

Religious Universities. The changes are only in the academic degrees of S1 and
S2, while for S3 the doctoral degree remains as in general. As for the academic
titles for Bachelor's Degree (S1), one of them is the Faculty of Sharia which
changes to SH and Bachelor's Degree (S2) to MH. This policy of changing
academic degrees further adds to the opportunities for equal opportunities for
graduates of the Faculty of Sharia with graduates of other law universities in
empowering the quality of graduates for the needs of future development of a
just humanity.23
The ratification of this law "is the beginning of opportunities as well as
challenges for sharia scholars to enter and become part of it. Now sharia
scholars have the same opportunity as law graduates to become advocates.24
This means that the work of becoming an advocate for Sharia scholars is not
only limited to religious courts, but also open opportunities for lawyers in other
courts, such as the General Court, State Administrative Court, and Milter Court.
Even the scope of the advocate profession is not only limited by the walls of the
courtroom in court or not only proficient in the process of litigation in court
but also open opportunities to provide legal services outside the court (nonlitigation). Such as providing legal consultations, legal services, legal advice, legal
opinions, legal information, and drafting contracts.25”
c. Law No. 4 of 2004 on Judicial Power
In general, all judicial institutions in Indonesia are tied to their respective
departments. Article 11 of Law No. 14/1970 on the Basic Provisions of Judicial
Power states: (1) The bodies that conduct the judiciary mentioned in article 10
paragraph (1) are organizationally, administratively and financially under the
authority of the respective Departments concerned. Religious Courts are no
exception. The existence of Law No. 7/1989 on Religious Courts has
strengthened the link between religious courts and the Ministry of Religious
Affairs. Although the technical development of PA institutions is carried out by
the Supreme Court, the development of organization, administration, finance, as
well as the development and supervision of judges is carried out by the
department (in this case the Minister of Religious Affairs).26 Even appointments
and dismissals are made by the President on the proposal of the Minister of
Religious Affairs.27 Likewise, the formation of the Judges' Honor Council and
the arrest/detention of a PA judge by order of the Attorney General must be
23 Rachmadani, “Kompetensi Advokat Syariah Dalam Penanganan Perkara Perdata
Dan Pidana Di Kota Kendari,” Zawiyah : Jurnal Pemikiran Islam Vol. 5, no. 1 (July 2019): 98–116.
24 Aminuddin, “Jaminan Undang-Undang Tentang Pengacara Syari’ah Di Indonesia,”
Jurnal Al-Mawarid Edisi XII (2004): 15–24.
25 Syukrawati, “Eksistensi Advokat Menurut Hukum Islam (Peluang Advokat Bagi
Sarjana Syari’ah Dalam Proses Penegakan Hukum),” Al-Qishthu Volume 13, no. Nomor 1
(2015): 73–84.
26 Pasal 5 ayat (1 & 2) jo pasal 12 ayat (1) UU No. 7 Tahun 1989 Tentang Peradilan
Agama
27 Pasal 15 ayat (2) UU No. 7 Tahun 1989 Tentang Peradilan Agama

182 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

approved by the Minister of Religious Affairs in addition to the Chief Justice of
the Supreme Court.28 Meanwhile, the appointment and dismissal of judicial
officers such as judges, clerks, deputy clerks, young clerks, substitute clerks and
bailiffs are also carried out by the Minister of Religious Affairs.29”
The above conditions gave birth to a dualistic system of judicial bodies
that split the judicial power into two positions: half of the position and existence
of the courts of first instance and appeal, including organization, administration,
personnel and finance, is held and controlled by the relevant departments; the
other half (guidance and supervision of substantive jurisdiction), is held and
controlled by the Supreme Court.30 This attachment to the executive is indeed
due to historical factors where the religious courts cannot be separated from the
Ministry of Religious Affairs. This is because of its association with the ulama
who oversee the religious courts. However, on the other hand, it can cause
judges to no longer be independent in carrying out their functions as judicial
institutions. He is very vulnerable to being co-opted by power. In turn, free and
fair law enforcement will be constrained in its implementation. Thus, the
mandate of the 1945 Constitution Article 24 paragraph (1), which states that
judicial power is an independent power to administer justice in order to uphold
law and justice, is difficult to achieve. Indeed, a judge must be; a) free to carry
out his/her judicial duties based on the facts at hand and also free from external
influence, inducement, pressure, or direct and indirect threats; b) free from
improper relationships with the executive and legislative branches or other
groups that could affect the independence of judges and the judiciary; c) free
from all forms of pressure in decision making.31”
On this basis, Law No. 35/1999 on the Amendment of Law No.
14/1970 on the Basic Provisions of the Judiciary was enacted, which unified the
development of judicial bodies under the Supreme Court. For the religious
courts, this was not easy to do, as they had been inseparably linked to the
Ministry of Religious Affairs (Majelis Ulama Indonesia). However, as the 1945
Constitution was amended to ensure the existence of all existing judicial
institutions, a special legal umbrella was inevitably needed. The first thing that
was amended in this regard was the Basic Judiciary Law No. 14 of 1970 plus
Law No. 35 of 1999 which was replaced by Law No. 4 of 2004 on Judiciary and
replaced again by Law No. 48 of 2009 on Judicial Power. The most important
change was to eliminate the dualism of supervision and guidance of the PA
judiciary from the Ministry of Religious Affairs (executive) and the Supreme
Court (Judiciary) into one roof under the Supreme Court.32”
28 Pasal 19 ayat (3) jo pasal 25 UU No. 7 Tahun 1989 Tentang Peradilan Agama
29 Pasal 36 junto pasal 40 ayat (1) UU No. 7 Tahun 1989 Tentang Peradilan Agama

30 Diana Rahmi, Restrukturisasi Peradilan Agama dalam Perpekstif Kekuasaan Kehakiman yang

Merdeka (Banjarmasin: IAIN Antasari Press, 2014), h. 43
31 M Agus Santoso, “Kemandirian Pengadilan Tindak Pidana Korupsi dalam Sistem
Ketatanegaraan di Indonesia,” Jurnal Yustisia Vol. 1, no. No. 3 (September 2012): 15–25;
32 Taufiq Hamami, Peradilan Agama Dalam Reformasi Kekuasaan Kehakiman Di Indonesia
Pascaamandemen Ketiga UUD 1945, Cet. I (Jakarta: PP Tatanusa, 2013).

Ilda Hayati, Busman Edyar: Analisis Adopsi Hukum Islam dalam …….| 183

d. Law No. 41 of 2004 concerning Waqf
The practice of waqf that occurs in the life of the community has not
fully run in an orderly and efficient manner so that many waqf objects are not
properly maintained, neglected or transferred to the hands of third parties
against the law. This situation is not only due to the negligence or inability of the
nazir in managing and developing waqf assets but also due to the attitude of the
community who do not care or do not understand the status of waqf assets that
should be protected for public welfare in accordance with the purpose, function,
and designation of waqf.
In the history of waqf in Indonesia, Law No. 5/1960 on the Basic
Regulation of Agrarian Principles is the first regulation that explicitly mentions
it. After the reformation, a more comprehensive regulation related to waqf
emerged, namely Law No. 41 of 2004 with several changes, such as; First, there
is an obligation to record waqf and state it in a registered and announced waqf
pledge deed, the implementation of which is carried out in accordance with the
procedures regulated in special laws and regulations. This recording is intended
to create legal and administrative order of waqf in order to protect the property
waqf.33 Second, "waqf can endow part of its wealth in the form of movable waqf
assets, whether tangible or intangible, such as money, precious metals, securities,
vehicles, intellectual property rights, lease rights, intellectual property rights,
other movable objects," including mushaf and books (kitab).34
Third, waqf "is also directed to promote public welfare by realizing the
potential and economic benefits of waqf assets. This allows the management of
waqf assets to enter the area of economic activities in a broad sense as long as
the management is in accordance with Sharia management and economic
principles. The management and development of waqf assets must also be
carried out productively (article 43 paragraphs 1,2), even if a guarantor is needed
to guard against risks, a sharia guarantor institution can be used (paragraph 3).
The explanation of article 43 paragraph (2) emphasizes: the management and
development of waqf assets is carried out productively, among others, by means
of collection, investment, investment, production, partnership, trade,
agribusiness, mining, industry, technology development, construction of
buildings, apartments, flats, supermarkets, shops, offices, educational facilities or
health facilities and businesses that are not contrary to sharia.35”

33 Said Husin, “Wakaf Dalam Perspektif Hukum Wakaf Di Indonesia

(Telaah/Studi
Pengelolaan Dan Pendayagunaan Harta Wakaf Bagi Kemaslahatan Umat)” (Yogyakarta,
Universitas Islam Indonesia, 2008).
34 Ali Amin Isfandiar, “Tinjauan Fiqh Muamalat Dan Hukum Nasional Tentang Wakaf
Di Indonesia,” La Riba : Jurnal Ekonomi Islam Vol. II, No. 1 (July 2008): 51–73.
35 Winoto Soekarno, “Pengembangan Wakaf Sebagai Sumber Modal Usaha,” accessed
April
26,
2022,
http://saleematijarah.com/uploads/6__STMIK_AMIKOM_PENGEMBANGAN_WAKAF.pdf.

184 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

Fourth, related to the nazir, which has been added in the form of an
organization and the existence of nazir requirements such as Indonesian citizen,
Muslim, adult, trustworthy, physically / mentally capable, and not obstructed
from doing legal acts. With these new requirements, the nazir can
manage/develop
waqf
objects
more
professionally
and
avoid
misappropriation.36
Fifth, this law also regulates the establishment of the Indonesian Waqf
Board which can have representatives in the regions as needed. The agency is an
independent institution that carries out tasks in the field of waqf that provides
guidance to nazir so that waqf assets are managed better and more productively
so that they can provide greater benefits to the community, both in the form of
social services, economic empowerment, and public infrastructure
development.37”
2. Substantive Accommodation
The second pattern of accommodation of Islamic law in national
positive law during the democratic transition is substantive accommodation.
This second pattern does not one hundred percent regulate a legal need, but the
legal product does not run away or even contradict Islam. Of the ten legislative
products categorized as substantive accommodation, four of them can be seen
in the following explanation;
a. Law No. 20 of 2001 Amending Law No. 31 of 1999 Concerning the
Eradication of the Crime of Corruption
This law is an improvement to Law No. 31/1999 on the Eradication of
Corruption. This is a form of seriousness of the state and legislators in dealing
with corruption issues in the country. In this law there are several important
points, such as; a). The existence of the phrase reverse proof for people
suspected of committing corruption crimes charged to the defendant; b) "in
addition to being obtained from witness testimony, letters, and testimony of the
defendant, evidence is also obtained from other evidence in the form of
information that is spoken, sent, received, or stored electronically by optical
means or similar but is not limited to electronic data interchange, electronic mail
(e-mail), telegram, telex, and facsimile, and from documents, namely any
recording of data or information that can be seen, read and or heard that can be
issued with or without the aid of a means, whether contained on paper, any
physical object other than paper, or electronically recorded, in the form of
writing, sound, images, design maps, photographs, letters, signs, numbers, or
perforations that have meaning; c) regulate new provisions regarding the
Tata Fathurrohman, “Wakaf Dan Kemiskinan Perspektif Hukum Islam Dan
Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf Fathurrohman, Tata. ‘Wakaf Dan
Kemiskinan Perspektif Hukum Islam Dan Undang-Undang Nomor 41 Tahun 2004 Tentang
Wakaf.,’” Syiar Hukum 8, no. 3 (2006): 255-286.
37 “Sejarah Badan Wakaf Indonesia,” April 25, 2022, https://www.bwi.go.id/pProfilbadan-wakaf-indonesia/sejarah-badan-wakaf-indonesia/.
36

Ilda Hayati, Busman Edyar: Analisis Adopsi Hukum Islam dalam …….| 185

maximum imprisonment and fines for corruption offenses with a value of less
than Rp 5. 000,000.00 (five million rupiahs).
Based on the provisions of Article 43 of Law No. 31/1999 on the
Eradication of Corruption as amended by Law No. 20/2001, the special agency,
hereinafter referred to as the Corruption Eradication Commission, has the
authority to coordinate and supervise, including conducting investigations,
investigations and prosecutions, while the establishment, organizational
structure, work procedures and accountability, duties and authorities and
membership are regulated by law. At present, the eradication of corruption has
been carried out by various institutions such as the prosecutor's office, the
police and other bodies related to the eradication of corruption, therefore the
regulation of the authority of the Corruption Eradication Commission in this
Law is carried out carefully to avoid overlapping authority with these various
institutions. The authority of the Corruption Eradication Commission in
investigating, investigating, and prosecuting corruption crimes includes
corruption crimes involving law enforcement officials, state administrators, and
other people related to corruption crimes committed by law enforcement
officials or state administrators; receiving public attention; and/or involving
state losses of at least Rp.1,000,000,000.00 (one billion rupiahs).
Related to Islam itself, there are at least two important things; first,
about the act of corruption itself. Corruption in Islam is clearly a very despicable
and prohibited act. Allah prohibits His servants from eating other people's
wealth unlawfully as mentioned in QS. 2: 188 and QS. 4 : 29).38 The prohibition
(nahy) contained in the word laa tak kuluu in the verse above shows that eating
other people's goods or property, whether individual or collective, is forbidden,
as is corruption, which is misusing or embezzling money/ public wealth (state,
people, or many people) for personal gain. Corrupt practices are usually carried
out by officials who hold a position in either government or private
organizations.39”
Transfer of ownership is not valid if it is done through methods such as
stealing, robbing, cheating, shoplifting, embezzlement, usury, bribery, and all
kinds of corruption. As long as it is haram, then the wealth cannot be eaten
(used) because it does not belong to it. Corruption-generated wealth if eaten and
becomes blood in the body will always encourage to commit acts of evil. If it
becomes sperm, it will give birth to a polluted generation, and if it is used, it will
give birth to sin and evil. This is because corruption is an immoral act that is
diametrically opposed to the noble values that must be attached to a believer. A
believer is required to be honest (al-saadiq), uphold the trust (al-aamin), generous
(al-sakhaa'), compassionate (al-raahim), helpful (al-ta'aawun) and so on, while a
38

This verse reads:

ُ
َ ُ َ َ َّ
َ
َ ْ ْ ُ َ ْ َ ْ ُ َ َ ْ َ ُ ُ ْ َ َ ُ َ َ َّ َ َ
‫اط ِل ِإل أ ْن تكون ِت َج َارة َع ْن ت َراض ِم ْنك ْم‬
ِ ‫ياأ ُّي َها ال ِذين آمنوا ل تأكلوا أموالكم بينكم ِبالب‬
39 Daud Rasyid, Reformasi Republik Sakit; Peluang dan Tantangan Penerapan Shari’at Islam
Pascakejatuhan Soeharto (Bandung: Syaamil, 2006), h. 23.

186 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

corruptor is a reflection of a deceiver (al-kaazib), traitor (al-khaain), greedy (althama'), and cruel and savage (al-mutawakhish).40
Second, related to anti-corruption institutions, the existence of a
corruption court institution is in line with the ushul fiqh principle of amru bi shai
in amru biwasaailih (an order with something means an order also with its
supporters). Ushul fiqh scholars exemplify this principle with the obligation of
taharah when going to pray. Although taharah is basically sunnah, if you want
to pray then the law becomes obligatory. This is because prayer is not valid if a
person is not pure (taharah). A similar principle is maa laa yatimmu waajibu illa bih
fahuwa waajib (an obligatory thing cannot be done with something that is not
obligatory, so it also becomes obligatory).
b. Law No. 20/2003 on the National Education System
Islamic education in Indonesia in its long history, starting during the
colonial period until Indonesia's independence, faced various problems in the
form of educational dichotomy, curriculum, goals, resources, and management
of Islamic education. Education in Indonesia has been running dualistically
(general and religious), since the Dutch colonial government introduced a
secular education system, while Islamic education represented by pesantren did
not pay attention to general knowledge, until Indonesia's independence,
although at the beginning of independence it still inherited a dualistic education
system.“
After Indonesia's independence, Muslims increasingly realized the
importance of the struggle of Muslims in achieving independence, and the
government tried to improve Islamic education in Indonesia, and as a
realization, the Government of Indonesia has formulated in the Republic of
Indonesia Law No. 2 of 1989 concerning the National Education System which
was continued with Law No. 20 of 2003 which regulates the implementation of
a national education system, as an effort to integrate Islamic education in the
national education system.41
This law ensures religious education for students in accordance with
their religion. In fact, the law explicitly states: every learner in every education
unit has the right: a. to receive religious education in accordance with the
religion he/she adheres to and taught by educators of the same religion; b.
Religious educators and/or teachers who are of the same religion as the learners
are facilitated and/or provided by the Government according to the needs of
the education unit as stipulated in Article 41 paragraph (3); c. (1) Religious
education is organized by the Government and/or community groups of
religious believers, in accordance with statutory regulations. (2) Religious
education functions to prepare students to become members of society who
40 MA. Sahal Mahfudh, Kata Pengantar dalam NU Melawan Korupsi : Kajian Tafsir dan Fiqh,
Cet. I (Jakarta: Tim Kerja Gerakan Nasional Pemberantasan Korupsi PBNU, 2006), h.xi
41 Fathul Jannah, “Pendidikan Islam Dalam Sistem Pendidikan Nasional,” Dinamika
Ilmu Vol. 13, no. No. 2 (Desember 2013): 162–73.

Ilda Hayati, Busman Edyar: Analisis Adopsi Hukum Islam dalam …….| 187

understand and practice the values of their religious teachings and/or to become
religious scholars. (3) Religious education can be organized in formal, nonformal, and informal education channels. (4) Religious education takes the form
of diniyah education, pesantren, pasraman, pabhaja samanera, and other similar
forms. (5) Provisions regarding religious education as referred to in paragraph
(1), paragraph (2), paragraph (3), and paragraph (4) shall be further regulated by
Government Regulation. Article 37 The primary and secondary education
curriculum shall contain: a). religious education; b). civic education; c). language;
d). mathematics; e). natural science; f). social science; g). arts and culture; h).
physical education and sports; i). skills/vocational; and 1. local content. (2) (3)
The higher education curriculum must contain: a. religious education; b. civic
education; and c. language; e) Explanation of Article 37 Paragraph (1) Religious
education is intended to form students into human beings who have faith and
piety in God Almighty and have noble character. Furthermore, Article 37
paragraph (2) states that the education curriculum must contain Religious
Education, Civic Education, and Language Education. These three compulsory
subjects imply that the goal of national education seeks to realize a religious
Indonesian human being, a nation that can respect its citizens and national
identity with its national language". The various "multi-dimensional crises being
experienced by the Indonesian nation cannot only be seen and overcome with a
mono dimensional approach. However, because the base of the crisis is the low
morals, human morals, then religious education has a very large share in building
the character and civilization of the nation. For this reason, effective learning of
Islamic religious education is needed, so that the successful implementation of
religious education contributes to the preparation of a generation that has good
ethics, morals and behavior. Conversely, failure in the implementation of
religious education will result in the decline of the morals of future generations
and in turn will undermine the character of the nation.42”
c. Law No. 15 of 2003 on Money Laundering
This regulation states: "various crimes, both those committed by
individuals and corporations within the borders of a country and those
committed across the borders of other countries are increasing. These crimes
include corruption, bribery, goods smuggling, labor smuggling, immigrant
smuggling, banking, illicit trafficking of narcotics and psychotropic substances,
trafficking of slaves, women, and children, illicit arms trafficking, kidnapping,
terrorism, theft, embezzlement, fraud, and various white-collar crimes. These
crimes have involved or generated enormous amounts of wealth. The wealth is
generally not immediately spent or used by the perpetrators of the crime
because if it is used immediately, it will be easily traced by law enforcement
regarding the source of its acquisition. Usually, the perpetrators of the crime
first try to get the wealth obtained from the crime into the financial system,
42 Samrin, “Pendidikan Agama

Islam Dalam Sistem Pendidikan Nasional Di Indonesia,”
Jurnal Al-Ta’dib Vol. 8, no. No. 1 (June 2015): 101–16.

188 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

especially into the banking system. In this way, the origin of the wealth is
expected to be untraceable by law enforcement. Efforts to hide or disguise the
origin of such assets are known as money laundering. In connection with this,
efforts to prevent and eradicate the practice of money laundering have become
an international concern. Various efforts have been taken by each country to
prevent and eradicate money laundering practices including by conducting
international cooperation, both through bilateral and multilateral forums".
This regulation is in line with Islamic teachings, namely to ensure the
origin of a person's finances. In Islam, the origin of money must be clear, which
cannot be from the wrong way. Because in hisab later the material owned will be
questioned where it was obtained and where it was spent. In one of his hadiths
the Prophet Muhammad Saw said:
َ
ْ
ْ
َْ َ
َ
َ ُ ََُ
َْ
‫ول ق َد َما َع ْبد َي ْو َم ال ِق َي َام ِة َح َّتى ُي ْسأ َل َع ْن ُع ْم ِر ِه ِف َيما أف َن ُاه َو َع ْن ِعل ِم ِه ِف َيما ف َع َل َو َع ْن َم ِال ِه ِم ْن أ ْي َن اكت َس َب ُه َو ِف َيما‬
‫«ل تز‬
ُ»‫َأ ْن َف َق ُه َو َع ْن ج ْسمه ف َيما َأ ْب َاله‬
ِ ِِ ِ
"The feet of a servant will not move on the Day of Resurrection until he is asked
about his life, where he spent it, about his knowledge, how he used it, about his wealth, where
he got it and where he spent it, and about his body, what he used it for".43
Then; "all assets amounting to IDR 500,000,000.00 (five hundred
million rupiah) or more or an equivalent value obtained directly or indirectly
from the crime of: a. corruption; b. bribery; c. smuggling of goods; d. smuggling
of labor; e. smuggling of immigrants; f. banking; g. narcotics; h. psychotropic
drugs; i. trafficking in slaves, women, and children; j. illicit arms trade; k.
kidnapping; l. terrorism; m. theft; n. embezzlement; o. fraud, committed in the
territory of the Republic of Indonesia or outside the territory of the Republic of
Indonesia, is an offense under Indonesian law". While in Islam, all the practices
of collecting wealth in the above categories are certainly contrary to the
maqashid shari'ah, namely for: hifz al- din (protecting religion), hifz al nafs
(protecting the safety of the soul), hifz al-mal (protecting property) hifz al-nasal
(protecting offspring), and hiz al-aql (protecting the mind).44”
d. Law No. 23 of 2002 on Child Protection
The 2002 Child Protection Law has two objectives; firstly, to remove
legal pluralism in the issue of child adoption. Previously, there were several
regulations related to child adoption, such as; "1) Staatsblad 1917 No. 129,
Articles 5 through 15 regulate the issue of adoption; 2) SEMA No. 2/1979,
concerning Child Adoption which regulates the legal procedures for applying
for child adoption, examining and adjudicating it by the court; 3) SEMA No.
6/1983 concerning the Improvement of SEMA No. 2/ 1979, which came into
43 HR at-Tirmidzi (no. 2417), ad-Daarimi (no. 537), dan Abu Ya’la (no. 7434),
dishahihkan oleh at-Tirmidzi dan al-Albani dalam “as-Shahiihah” (no. 946) karena banyak
jalurnya yang saling menguatkan.
44 Abu Ishaq al-Syatibi, Al Muwafaqat Fi Ushul Al-Ahkam, vol. Juz II (Beirut: Dar alFikri, tt).

Ilda Hayati, Busman Edyar: Analisis Adopsi Hukum Islam dalam …….| 189

force on September 30, 1983; 4) Decree of the Minister of Social Affairs of the
Republic of Indonesia No. 41/HUK/KEP/VII/1984 concerning Guidelines
for the Implementation of Child Adoption Licensing, which came into force on
June 14, 1984.
After Law No. 23/2002 was enacted, the following supporting
regulations emerged; "1) Chapter VIII, Part Two of Law No. 23/2002, on Child
Protection, which came into effect on October 22, 2002; 2) SEMA No. 3/2005,
on the Adoption of Children, effective from February 8, 2005, following the
natural disaster of the earthquake and Tsunami waves that struck Aceh and
Nias; 3) Law No. 3/2006, on the Amendment to Law No. 7/1989 on Religious
Courts. Article 49 letter a, number 20 states that, Religious Courts are tasked
and authorized to examine, decide, and resolve cases at the first level between
people who are Muslims in the field of: "... Determination of the origin of a
child and determination of the appointment of a child based on Islamic law"; 4)
Several Supreme Court Jurisprudence and court decisions that have permanent
legal force which in judicial practice have been followed by subsequent judges in
deciding or determining the same case, repeatedly, for a long time until
present.45
Second, this law aims to provide protection for children as well as to
ensure the fulfillment of children's rights both related to their development,
education, and beliefs. Protection and guarantees in general are essentially
relevant to maqashid al shari'ah on the intersection of hifzu al-nasal (protecting
offspring) and hifzu al-din (protecting religious beliefs) globally. In a practical
level, when children are in an abnormal position, for example abandoned by
parents and then in the guardianship or care of others, it often causes problems
related to beliefs. Especially when the child has a different religion from the
guardian or person who cares for him, in this context the child tends not to be
able to express his different religious status. 46
This assertion can be seen in this regulation, such as; a) there should be
similarity in the religion of the child with the guardian; b). Childcare with a
person or institution of the same religion47; c) Childcare is carried out without
distinguishing ethnicity, religion, race, class, gender, ethnicity, culture and
language, legal status of the child, birth order of the child, and physical and/or
mental conditions; d) Childcare as referred to in paragraph (1), is organized
through continuous guidance, maintenance, care and education activities, as well
as by providing financial assistance and/or other facilities, to ensure the optimal
growth and development of children, both physically, mentally, spiritually and
45 Mukmin, “Perlindungan Terhadap Hak Anak Angkat,” Jurnal Lex et Societatis Vol. II,

no. 7 (Agustus 2014): 61–71.
46 Lih. konsep maqashid al-syari’ahnya Al-Syatibi, Abu Ishaq al Syatibi, Al Muwafaqat fi Ushul
al-Ahkam, (Beirut : Dar al-Fikri, tt), Juz II, 3
47 Pasal 33 ayat (3), Pasal 37 ayat (3 & 4), dan pasal 42 ayat (4) UU No. 23 Tahun 2002
Tentang Perlindungan Anak.

190 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

socially, without affecting the religion adopted by the child; e). Child adoption
does not break the blood relationship with biological parents; f). 5 years of
criminal punishment or a fine of 100 million for those who violate the
provisions of Article 39 paragraphs 1, 2, 4 and for people who persuade children
to choose a religion that is different from their beliefs.48
Conclusion
The involvement of religion in the life of the state in Indonesia cannot
be separated. The succession of leadership and the changing pattern of
government still have a connection with religious aspects. Such was the case
during the 2001-2004 democratic transition period when Indonesia was led by
Megawati Sukarnoputri. Even though it is often associated with the issue of
secularism, during her reign (2001-2004) there were still regulations related to
religion (in this case Islam). In fact, when referring to Western secularism (the
origin of this ideology emerged and developed), the state should not be involved
in religious matters. In fact, during his reign from 2001 to 2004, there were
several regulations that accommodated the interests of Muslims in the form of
laws. Among the 126 laws that were legislated during her reign, fourteen of
them were related to Islam with a formalistic accommodation pattern where the
law strengthened the application of Islamic law for Muslims in Indonesia. Then
substantial accommodation where legislation products are in line with Maqashid
Shari'ah or at least do not contradict Islamic teachings.
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