LEGAL PROBLEMS OF COMPILATION OF ISLAMIC LAW IN THE INDONESIAN LEGAL SYSTEM

Abstract

What is written in this legal study, to contribute to the legal complexity in Indonesia. What is debated in this subject matter, actually raises the legal existence of the validity of the Compilation of Islamic Law (KHI), to be a legal consideration in every case involving Muslims regarding Islamic legal issues is expected to refer to the provisions in the KHI, which applies under the provisions of Presidential Instruction No. 1 of 1991 concerning the Socialization of KHI in the Religious Courts. This issue becomes important to find a solution by taking a policy that can be taken by the government through re-establishing KHI as a positive legal document, which can have permanent legal force and become a source of Islamic law in cases brought by Muslims in the Religious Courts. That way, the existence and position of KHI really has legal certainty over its applicability in Indonesia. When all legal cases that occur and pertain to Muslims are always based on the provisions in KHI. It is appropriate to end the debate that has been going on about KHI by re-establishing it according to the correct legal provisions, in accordance with the provisions in Law No. 12 of 2011 concerning the Formation of Legislation. Thus, this writing has the following objectives: (a) To provide a legal analysis of the validity of KHI as an Islamic legal document in Indonesia, which is valid because of Presidential Instruction No. 1 of 1991 concerning the Socialization of KHI in the PA Environment in order to provide recommendations to the government; and (b) To provide legal arguments and solutions regarding the legal view of KHI as an Islamic legal document, if changes are made through an increase in the status of its legal position, namely by law or other forms of regulation other than law as a legal consideration for the government. The method of writing is normative juridical.