THE IDEA OF RELIGIOUS LAW ON RELIGIOUS LEADERS PERSPECTIVE IN INDONESIA

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1 THE IDEA OF RELIGIOUS LAW ON RELIGIOUS LEADERS PERSPECTIVE IN INDONESIA Luthfiyah Trini Hastuti Burhanudin Harahap Solikhah Lecturer Faculty of Law Universitas Sebelas Maret Abstract The purpose of this study is to formulate the concept of religious law in the constitution of the Unitary State of the Republic of Indonesia so that Indonesia has its own legal concept that reflects the values of religious communities in Indonesia. A special target for the first year to identify religious groups in Indonesia that have an idea of understanding the concept of religious law. This type of research is an empirical law study. Data collection methods used include interviewing, documentation and literature study. Interviews were conducted with the Chairman of the Director General of Community Guidance of the Ministry of Religious Affairs and Chairman of the Council of Religious Leaders, Protestant Christians, Catholic Christians, Hindus, Buddhists and Confucians. The results show that there are ideas and understanding about the concept of Indonesian law that reflects the religious community in Indonesia through the application of religious law norms in which the state has an obligation to administer a law that does not conflict with either directly or not with the laws of religions that exist in Indonesia as mandated Constitution Article 29 of the 1945 Constitution. Keywords: legal, religious, religious I. INTRODUCTION A. Background Indonesia is an archipelagic country whose population is very diverse in terms of ethnicity, culture and religion. Islam is the majority in Indonesia. Approximately, 88% of over two hundred million people.indonesia once was colonized by the Dutch over 350 years.. 1 Because of the length of colonization by the Dutch East Indies government, Indonesia gets a massive effect on the legal system in Indonesia. Indonesia is a rechtsstaat based on Pancasila which aims to create a just and prosperous society, spiritual and material equality. With regard to the identity of Indonesia as a rechsstaat of Pancasila, Indonesia is not a 186

2 religious state because it does not base on a particular religion, but it may not be stated as secular state that completely separates the state s problem with religion. Although Islam is a dominant element in society, but the basis of the state and its outlook on life is not based on religion (Islam). Making religion the basis of a nation to form a nation-state which is able to embrace plurality has always been unsuccessful. Pancasila seems being the best solution to the problem. Besides being able to give a common perception and fostering integration of the nation s plurality, Pancasila is accepted as the one and only the ideology of the state. 1. Pancasila State is a religious nation state that is a religious national nation which protects and facilitates the development of all religions embraced by its people without distinguishing the amount of the adherents of each religion. Indonesia is a country based on Pancasila and the 1945 Constitution which gives guarantee to the people to embrace their religion and beliefs. In Article 29 of the 1945 Constitution, it is mentioned a) Based on the One Supreme God b) The State guarantees the freedom of every citizens to embrace his or her own religion and to worship according to his religion and beliefs. This obligation is only limited to adherents of 6 religions officially recognized by the state, they are Islam, Catholicism, Protestantism, Hinduism, Buddhism and Confucianism. The limitation of religious choice and various regulatory uncertainties about it becomes increasingly problematic in view of the complex reality of diversity in Indonesia. Based on the census conducted by the Central Bureau of Statistics (BPS) in 2010 shows the presentation of Muslims 87.18%, Christian 6.96%, Catholic 2.91%, Hinduism 1.69%, Buddhist 0.72%, Confucian 0.05% % and other 0.13% are adherents of local religions who are not recognized by the state 2. In addition to those in the census category, there 1 Marzuki Wahid dan Rumadi.2001.Fiqh Madzab Negara.Yogyakarta : LKIS. Page.8. 2 http :// indonesia.ucanews.com Demografi Agama Menunjukkan Pluralitas Indonesia. Access on 26 April

3 are a number of Indonesians, especially those living in remote areas, who still practice local religions (religions already in Indonesia) before the official religions. These local religions have similar patterns and concepts to the Austronesian religions. The Indonesian government categorizes all adherents of the faith as believers of God Almighty and appoints a special department under the Ministry of Education and Culture to handle it 3. The applicable laws in Indonesia are customary law, western law and Islamic law. Generally, the positive legal material does not change, much of the material is taken from the colonial law. During in early period of independence, national leaders fostered to unify the legal system to uphold the unity of this nation by establishing a national legal system and abolishing customary courts. However, creating in one kind of law for this country was difficult because of its very diverse society. Finally, as in the colonial period, after independence the law retained different categories for different social classes; colonial law mixed with local religious beliefs and traditions, and customary law advocates continued to practice the law of colonial inheritance. Pluralist and uniformist groups differ on traditional customary law, while secular nationalist and Islamic nationalist groups differ on Islamic law. The uniformists, who regard to customary law as backward and antimodern, argue that a uniform legal system reflecting the unity of Indonesia is a necessary condition to modernize Indonesia. The pluralists, who regard to customary law is part of an Indonesian identity and national pride, argue that a pluralistic legal system compatible with the pluralistic social conditions in Indonesia is more likely to reflect the real condition of Indonesian society. In contrast to custoamary law, Islamic Page Abdullahi Ahmed An-Na im.2007.islam dan Negara Sekuler. Bandung : Mizan Pustaka. 188

4 law is not influenced by the uniformity of law because Islamic law is strong not only locally but also nationally. 4 Likewise, the debate on the concept of citizenship in Indonesia is closely linked to the idea of a modern state and Pancasila, because Pancasila is a framework that defines one's relationship to an Indonesian identity. The Islamists do not necessarily reject to the idea of the modern state but distinguish between those who support the Islamic state and who support a clear separation between religion and the state, because pros of the Islamic state seek to define the state as a religious tool and this claim is rejected by the movement of renewal and reforms of Islam, as well as by those who are called secular groups. Each of these paradigms is directly related to the issue of citizenship which is, however, a fundamental issue for every Indonesian citizen. The existence of disagreements on customary law, Islamic law and western law required the unification of the concept of religious law that represents the interests of the six religions prevailing in Indonesia. Government as a representation of the society should accommodate the interests of a diverse society by enacting laws that reflect religious values as mandated by the 1945 Constitution in Article 29. Otherwise, to provide input to the government researchers feel necessary to study and formulate the concept of religious law in the constitution of the unitary state the Indonesian republic based on Pancasila and the 1945 Constitution. B. Research Questions The research question for this research is, whether religious groups have an idea of understanding the concept of religious law that reflects the existing laws of religions recognized in Indonesia? 4 Ratno Lukita Law and Politics in Post Independence Indonesia : A Case Study of Religious and Adat Courts dalam Studia Islamika,Volume 6,No.2.Page

5 C. Research Method The method of research uses empirical law research consisting of research on legal identification and research on the effectiveness of law. The intention is to relate the law to the effort to achieve the goals and find the concrete needs in society. 5. This research aims to formulate the concept of a religious law state in the constitution of a unitary state of the Indonesian republic based on Pancasila and the 1945 Constitution. The study sites include the Council of Indonesian religious leaders, the Indonesian Ulema Council (Majelis Ulama Indonesia), Indonesia Hiduism Society (Parisada Hindu Dharma), the High Council of Confucianism of Indonesian Confucianism. Methods of data collection gained by interview, literature study and documentation study. Data analysis technique in this research uses interactive model of analysis. Analysis in qualitative research consists of three main components, they are data reduction, data presentation and Conclusion with verification. 6 For the primary data, the data are analyzed qualitatively through a thorough depiction of the understanding of 6 religious councils on religious law. For secondary data, legal materials are analyzed using hermeneutic methods (interpretation) of the implementation of law that has been in effect in Indonesia. II. RESULT AND DISCUSSION A. Paradigm and Realted Theory to Religion and Nation Indonesia is a state based on law (rechsstaat), not based on mere power (machtsstaat). Oemar Seno Adji argues that Indonesia's legal state has the characteristics of Indonesia. Because Pancasila should be appointed as the basic and legal source, the Indonesian legal state caould be stated as the Pancasila Law State. One of the key features of Pancasila's legal state is the guarantee of freedom of religion or freedom of religion. However, religious freedom in the Pancasila state of law is Soerjono Soekanto Pengantar Penelitian Hukum.Jakarta : Universitas Indonesia.Page 6 Sutopo,H.B Pengantar Penelitian Hukum. UNS Press:Surakarta.page

6 always in a positive connotation, meaning there is no space for antireligious atheism or propaganda on Indonesia s lands.. 7 This is different with the sample in the United States who understands the concept of freedom of religion both in a positive sense and in a negative sense, as formulated by Sir Alfred Denning quoted by Seno Adji as follows: "Freedom of religion means that we are free to worship or not to worship, to affirm the existence of God or to deny it, to believe in Christianity or any other religion or in none, as we choose ". In contrast to Oemar Seno Adji's paradigm of the relationship between religion and state in Indonesia, according to him, it does not indicate a rigid and absolute separation, this formulation can give the impression that there is a separation between state and religion in Pancasila state law in a rigid and relative way. In the legal state of Pancasila there can be no separation between religion and state either absolutely or relative. Because it would be contrary to Pancasila and the 1945 Constitution. Padmo Wahyono studied that the Pancasila law state with the base of the kinship principle is stated in the 1945 Constitution. In the principle of kinship, the priority is "the people, but the dignity of human beings is still respected". Article 33 of the 1945 Constitution reflects this peculiarly familial principle. In this chapter there is an explanation that what matters is the prosperity of society and not the prosperity of the people. However, the person - a man trying so far does not concern the livelihood of many people. So the concept of Pancasila legal state should be viewed from the point of kinship. In order to understand how the concept of a Pancasila legal state, it is necessary to examine how to understanding the state and legal sense is viewed from the point of view of kinship. Padmo Wahyono understands the law is a tool or vehicle to organize state life or order; and organizing social welfare. This understanding is reflected in the formulation of the explanation of the 1945 Constitution, states: 7 Muhammad Tahir Azhary.1992.Negara Hukum.Jakarta : PT Bulan Bintang. Page

7 "... the Constitution contains only the main rules, only containing the outlines as instructions to the Central Government and other state organizers to organize the life of the social welfare state". Eventhough the term of the 1945 Constitution is applied the term of rechstaat, but the concept of rechstaat itself is adopted by the state of Indonesia, not the concept of western legal state (Continental Europe) and not also the concept of rule of law of Anglo - Saxon, but the concept of Pancasila state law itself with the characteristics - features: 1) there is a close relationship between religion and state; 2) rely on the Belief in the One Supreme; 3) Religious freedom in a positive sense; 4) atheism is not justified and communism is forbidden; and 5) the principle of kinship and harmony. The main elements of the legal state of the Republic of Indonesia are: 1) Pancasila; 2) People's Consultative Assembly; 3) Constitutional System; 4) Equation; and 5) free trials. There are two things to consider in the Pancasila law state: 1) religious freedom must refer to a positive meaning so that the denial of the Almighty God (atheism) or the hostile attitude of God Almighty is not justified, as happened in the communist countries which justifies antireligious propaganda; and 2) there is a close relationship between religion and state, therefore either rigid or absolute or loosely or relative the Republic of Indonesia does not recognize the doctrine of separation between religion and state. Because this Although the state of Indonesia is based on Pancasila and the 1945 Constitution, the problem of applying the law has not characterized the Indonesian nation that has diversity in religion, culture and regional languages. There is a need for a certain legal concept in accordance with Pancasila and the 1945 Constitution which represents 6 religious groups so as not to be synonymous with the concept of continental European legal state or the concept of Anglo-Saxon legal state let alone the concept of socialist legality. So the researcher is interested to formulate the concept of religious law in the constitution of the unitary state of the 192

8 Indonesian Republic. As a result, the Indonesian state has its own law which is different from other countries that are in accordance with the characteristics of the Indonesian nation itself. Religion in its literaly meaning is a value system or doctrine or moral-spiritual awareness that believers believe to be true for their views and life guidelines. For Islam, the teaching is derived from the revelation of Allah SWT, namely Al-Qur'an and As-Sunnah. However, in its development, religion is not only a value system or doctrine and moralspiritual awareness as it originated, but has changed into an institution or an organizational body. There is a relationship between religion and the country. The prevailing religions in Indonesia are Islam, Protestant Christianity, Catholicism, Hinduism, Buddhism and Confucianism. Religion and the state are interconnected and can not be separated each other. The sociologists of Islamic political theorists formulate several theories about the relationship of religion and state. Theories are broadly divided into three paradigms of thought 8 1. Unified Paradigm In the unified paradigm, religion and state are integrated. Religious territory includes politics or state. The state is a political and religious institution at the same time. Therefore, according to the paradigm a president is the controler of power and politic. His government is organized on the basis of divine sovereignty because the proponents of this paradigm believe that sovereignty originates and is in the God s side. This paradigm is followed by Shiite groups. Although, in Shi'i politics, to call the state (ad-dawlah) replaced by imamate (leadership). 9 As a political institution based on religious legitimacy and having the function of organizing the Sovereignty of God, the 8 Marzuki Wahid dan Rumadi.2001.Fiqh Madzab Negara.LKIS : Yogyakarta.page Abu al- Ala Al-Mawdudi.1990.Khilafah dan Kerajaan,ahli bahasa Muhammad Al-Baqir. Mizan : Bandung.page

9 state in the Shi'i perspective is theocratic. Theocratic state exists an element of the absolute power in the hands of God, and the state constitution is based on the revelation of God (shari'ah). Some Sunni conservatives (fundamentalists) also have the same opinion about the integration of religion and state. The unified paradigm issues the idea of a religious state, in which state life is governed by the use of religious principles, thus issue to the Islamic concept Islam din wa dawlah (religious and state of religion). 10 Source of positive law is the source of religious law. The people can not distinguish between the rules of the country and the religious rule because they are united. Therefore, in this paradigm, the people who obey all the conditions of the state means he obeys religion. On the contrary, rebelling and fighting against the state means against religion which also means against God. State with this kind, is very potential authoritarianism because people can not control the rulers who always be under protection by religion. Because of its substance, western writers, associated with Islam, often see religion as incompatible with democracy. Democracy which comes from anthropocentricism necessitates man being the center of everything, including the center of sovereignty, so that the head of state must be as subject to the will and control of the society. While the religious state that departs from theocentricism makes God the center of everything. Head of state is an incarnation of God that necessitates absolute submission without reserve. In the name of God the ruler can do anything and oppose the people's resistance. 2. Symbiotic Paradigm Religion and state according to this paradigm are symbiotically, means a reciprocal and mutual relationship. In this case, religion requires the state because with the state, religion can develop. 10 James P.Piscatory.1983.Islam in the Political Process.New York : Cambridge University Press.page

10 Otherwise, the state also requires religion, because with state religion can develop in ethical and moral-spiritual guidance. 11 Symbiotically, Ibn Taimiyah in as-siyasah asy-syar'iyyah says: Indeed the existence of the power that governs human affairs is the greatest religious duty, for without the power of the state religion can not stand upright. Ibn Taymiyya considered that state enforcement is a sacred duty demanded by religion as one of the tools to bring people more faithful to God. In this concept, shari'ah (Islamic law) occupies a central position as a source of legitimacy to political reality. The state has a great role to uphold Islamic law in its good portion. Religious law still has the opportunity to color the laws of the state, even in certain matters does not rule out the religious law used as state law. The political process of Islamic law in Indonesia has a tendency to increase the religious aspects which enter the territory of the country with the legalization of religious provisions through the legislation process or known as the Islamization of law in Indonesia. 3. Secularistic Paradigm This paradigm is contrast to both paradigms stated. The secularistic paradigm proposes religious disparity over the state and the state's separation of religion. The concept of Ad-dunya alakhirah, ad-din ad-dawlah or umur ad-dunyaumur addindichotomizeddiametrally. In the Islamic context, this paradigm is contrast to the state's fundamentals of Islam, or rejects the determination of Islam on certain forms of the state. One of the initiator of secularistic paradigm is 'Aliy Abd.ar- Raziq ( AD), a Muslim scholar from Egypt. In his book Al-Islam wa Ushul al-hukm, 'Abd al-raziq says that Islam is merely a religion and does not include state affairs, Islam has no religious 11 M.Dien Syamsudin.1996.Usaha Pencarian.Cirebon : Jilli. page

11 connection to the system of the Caliphate (Khalifa), including the Caliphate of al-khulafa ar-rashidin, religious or Islamic political system, but a worldly system. 'Ali' Abd ar - Raziq himself explains his opinion, that: Islam does not establish a particular government regime, nor does it base Muslims on a particular system of government through which they should be governed, but Islam has given us the absolute freedom to organize the state in accordance with the intellectual, social and economic conditions we have and with considering the social development and The religious connection with secular, firstly you have to understand the meaning of the secular state. What is meant by a secular state? Secular state is the separation of religion and state so that the state does not make religion as a particular political instrument. Therefore, no religious provisions are regulated through state legislation. Religion is the affairs of its adherents - each of which has nothing to do with the state. Even if there is a religious provision that requires the involvement of the public (internal adherents of religion) does not need to ask other states to impose its enforcement, but simply solely by the religious adherents concerned. So that, all religions have the same position, nothing is privileged. Be aware of the use and manipulation of religion for political purposes. This can be avoided if religion is kept away from political intrigues, including the use of religious symbols in the structure of the state. B. Ideas and Understanding of Religion groups in Indonesia related to the Law of the State Norms Reflecting to Religion Based on the results of research that has been conducted, ideas and understanding related to state legal norms that reflect the religions that exist in Indonesia can be identified through religious leaders in Indonesia. It includes Hindu, Konghuchu, Islam and Protestant 196

12 Christianity. These four religions have ideas or ideas relating to how the state has an obligation to accommodate the norms of religious law into state law as a form of implementation of the constitutional mandate of the 1945 Constitution. 1. Hindhuism Religious Leaders Hindu religious leaders view that Indonesian Hindu does not apply the law of Hinduism in the aspects of life although the real Hindu law exists. The existence of Hindu s law in the midst of Hindus itself does not exist due to historical separation long enough, so that Hindus in Indonesia make customary law as a religious law. Hindu s law does not exist among Hindus themselves. So that between one Hindu people in a different place in applying the law of Hinduism is different with one other Hindu people. For example in the marriage of Hindus Bugis tribe know panaek money that it is not found in Hindu Balinese society. This shows that Hindu law is dependent on the customary law in which the Hindu community lives. In 1991 Hindus demanded the holding of Hindu court, but after the government agreed, it was being a problem when the source of law that became the reference there was no common concept. Hindu s practices between Java and Sulawesi are different. Customary law is used as a practice in religion. Hindu s law is derived from scripture which is not practiced by the people because it is replaced by customary law. The Hindu s Book of Law is exist but not used. Because of separation and disconnection, there is no unity of thought from the center of the region. So the paradigm of Hindu law nowaday can be different from Hindu law itself. The difference between Hindu s Book and Hindu s teaching is not considered to misappropriation, because in Manawa Dharmasastra there are five sources of law; laws of God, man-made laws, customs, habits of saints, and 197

13 agreement. The diversity of customary law practiced by Hindus comes from the third law so it is not a mishmash. As far as customary law develops, then Hindu law makes adjustments further. So Hindu law is very adaptive with the development of society. Generally, there is no state law which is completely contrary to religious law, but there is perceived differentiation of treatment. One of them is related to the process of recording the marriage of civil registration for non-muslims is considered to be inhibiting. The position of the civil registry in the District while the Religious Affairs Office is at the sub-district level, so that there are difficulties in the administration of the proposed is not distinguished between the registration of those who are Muslims and non-muslims. Hindu religious leaders view that the possibility to practice Hindu law in total can be a separate issue for Hindus who have been accustomed to the pattern of diversity according to customary law in their respective regions. Hindu law is allowed to run according to custom. There is no unity of Hindu law that can be accepted by the entire Hindu community because of the diverse mindset and perspective. As long as the costumary law is still acknowledged its existence by the country, then Hindus have not felt the need to recognize Hindu s law in the national legal system.the process of arranging the unity of Hindu s law into a unity is a separate issue. There will be technical issues related to the recognized legal formula and it's hard to let go of something that has become a tradition practiced for generations. Hindu s law is a customary law that is currently practiced by society. 2. Confucianism Religious Leaders The concept of religious law konghuchu is based on morals. No matter how good the law, it will not work without the people s moral. In this case, the moral people have to get an education. The Prophet Khungtse said that people if only educated with laws and 198

14 laws will only lose self-awareness. But if educated with virtue will arise self-consciousness.moral occupies a very important position. One's obedience to the law is not because of the passage in the law itself, but because of its morals and virtues. Law enforcers in enforcing the law not because the articles that exist in the law, but it is morally based. This is what makes Confucianism people try to avoid legal issues, because it will be very influential in their life. Attempts to resolve through familial ways will look better. Attempts to avoid forms of infringement.the legal norms that exist in the scriptures include; the law of God applicable to mankind, the law of the State applicable to the citizen. The law of God (Tien li) when someone does something will result in something (Karma). God's law that applies to the universe and the laws that apply to mankind. A ruler who is rude, his power can be revoked by God because he got a mandate from God must exercise his power without violating the norms of virtue.the norm of virtue in the Confucianism religion is believed that every human being gets the God s words. Within man, God has spoken in the form of the seeds of virtue that exist in man. Such benevolent seeds include love, truth, and decency. Besides the seed of virtue, there is the passion, anger, sadness, joy, and likes. The seed of virtue is a spiritual life force. While the feelings of joy, anger, sadness, joy and love is the power of physical life. The God's law governs the whole of human life. Besides the God s law, there is a law of the State which is created to regulate the life of a state. The state s life in konghuchu includes five social relationships. The whole life of the state runs the best according to his nature. Parent relationship with child, relationship between husband and wife, relationship between brother and sister, relationship between superiors and subordinates, relationship between friends with friends. All of these are regulated in the norms of decency.one of the state tax law, in the law of the state there must 199

15 be an element of truth and love should not only pay attention to the interests of the ruler alone, but also must pay attention to the interests of the people and the condition of the people. At a time when the people are in a prosperous state the state may take taxes from the people but when the condition of society is difficult then the state should not take taxes from the society. The problems faced by Konghuchu people are related to the life of the state, among others, the making of Identity Card to prove a letter from the religious institution to explain as a Konghuchu religion. In the other side, there are obstacles reaching out to the outposts. In the National Education Law it is mentioned that students should get religious instruction by the same religious teacher but in practice is different.the concept of democracy in the state is more compatible with deliberation and consensus is not the most votes. In case to adjusting the issue, it prioritizes deliberation. In the case of funerals Congregations of Confucianism have their own values which are often contrary to the rules of the state in particular with regard to the size of the tomb. Because of the teachings of Confucianism, it is believed that people who have died need peace or tranquility. Related to the marriage in different religions Confucianism does not explicitly prohibit the institutional just give blessing but did not issue a letter of recognition institutional Confucian. With regard to the definition of marriage constructed in the Marriage Act No. 1 of 1974, it is necessary to review that marriage is not only about bringing two individuals together but also bringing within family and society. 3. Protestant Christian Leaders Protestant Christian religious law norms are not found in writing form. It is based on the assumption that religion is an essence. The law is created through the basic values set by the priest. Priest is the one who applies as law to the Christian. In the case of worship there is no canon law that governs, so that the execution is 200

16 returned to the priest as the representative of God. It is the priest who is given the obligation of establishing the law in conferences that results in the provision of laws relating to actual issues relating to religious communities. The legal ideas which is accommodated by the state in the region with the field of civil law, especially relating to the realization of Law No. 1 of 1974, Marriage is about the process of registration marriage that can be directly registered by the Civil Registration. After couples through the process of blessing in their church by priest, they have to register their marriage to civil registry officers whose territory is located at the district level.thus the recognition of the legitimacy of marriage is obtained simultaneously both religiously and nationally. In the procession of divorce there are also issues relating to the process by which the judge does not first call the priest before the divorce verdict is read as it has been so far. It is desirable for the priest being involved in the divorce process with the assumption that the marriage is blessed by the priest, then the one who breaks the marriage itself should be by the priest. In Islam, the existence of the holy book of al-quran and sunnah rasul is so preserved making tradition of normative thinking so strong. The very strong normative logic that the believers believe is that conceptually Islamic law is part of the religion of Islam. This way of thinking occurs universally, in all groups within the Islamic religion. The differences between groups within the Islamic religion are only in the process of how they are applied. Partly through the structural process and partly through the cultural process. The strength of normative logic makes it such that Islamic law employs the awareness of Muslim societies practiced in the life of society and the state. Thus it is theoretically a legal study at universities, both Islamic and public colleges. Both in Muslim-majority countries and in non-muslim countries. 201

17 4. Islam Religius Leader In Islam, the law is part of the religion of Islam. By part karema, then Islamic law can not be separated from Islam. Islamic teachings are so normative that the punishment of Islam is an Islamic teaching. Running Islamic law means practicing Islam. Because the law can not be separated from society and always related to society, Islamic law can also come from people's habits. Since the Muslim community lives in a country, it can not be separated from state law. Thus, Muslims who live in a country that does not base on Islam always try to demand the state to recognize Islamic law to apply to it. This is what Lynn Welchman calls "An Islamic Trianggle: chnangeing relatioships between Shari'a, state Law and local custom". Thus in the history of Indonesia emerged the charter of Jakarta which requires the Islamic Shari'a to apply to followers of Islam. The strength of the normative system within the Islamic religion in such a way as to make the Islamic religion not only have a concept of law, but more than that has a clear concept of punishment and is believed to be true by its adherents. This can be understood because in the Qur'anic texts it is expressly ordered to use what God revealed in solving the problems that arise in society. Likewise the concept of punishment is believed to be true because the Qur'anic texts are firmly in certain acts there is a legal threat to those who violate them. 5. Christians Religiuos Leader The majority of Christians are the world of hemispheric countries in the West. Logic and orientation of religious thought can not be separated from the center of the majority of adherents. The fact shows that the countries where the majority of the population are Christians are secularists. The state is separated from religion. Religion of personal affairs that believe, while the relationship between people or groups of society into the affairs of the state so 202

18 that the laws governing the life of society is the affairs of the state. This way of thinking is practiced by western rulers. As a result, the Christian community in the west is vulnerable to becoming a victim of secularism. As a result the normative logic is only inward. It means being a religious affair, not a state matter. With its power, the colonizers apply the principle of concordance, namely the law in force in the Netherlands applied in the Indonesian colony. With some exceptions, such circumstances continue to the present day. Christians apply the Dutch law of secularism, so to some extent the laws that apply to Christians are inconsistent, even to some degree contradictory to the scriptures it believes in, for example in divorce law. The gospel prohibits divorce, but courts continue to apply western law to Christians in Indonesia who allow divorce. Thus the Christians who are religiously forbidden to divorce but the judges of the district courts still drop the divorce. The environment of Indonesian society in such a way, which makes the Christians in Indonesia have a slightly different way of thinking with the Christians in the west who have mastered secular ideology. This is because Christians living in the country of Indonesia are directly or indirectly influenced by the state ideology based on the divinity of Almighty God. Because secularism is not understood as the separation of world affairs from religious affairs, but is conceptualized as a worldwide religion. This means that a realistic religion regulates real-world life, not a dream world. The concept of Christianity does not separate absolute between state affairs and religious affairs, but it also does not unify state affairs and religious affairs, because the principles that exist in Christianity are what the state's affairs are left to the state and what is religious affairs submitted to religion. However, since Christians live in a divinely-based state of Indonesia, the state should not separate 203

19 the affairs of the state that the Christian believes to be a part of religious affairs. The legal affairs imposed on Christians do not go astray against the laws that Christians believe. Therefore, in the case of a divorce, for example, a judge applying divorce law to a Christian should not turn a blind eye away from the teachings set forth in the Christian religion. The judge who examines and prosecutes divorced Christians should not necessarily neglect the Christian doctrine. Because until now there has been no positive law of consortia which is specific to Christians as the concept of religious law, the positive law applicable to Christians in Indonesia is still secular law in burgerlik wetboek. However, efforts to enforce religious law in any position need to continue to begin. One that needs to be started is; (1) The judge who is judging a divorce for Christians is a Christian judge. This is very important because the law that must be upheld is a religious law in accordance with the religion that is believed by the litigants. Judges must have emotional and spiritual intelligence and this is closely related to religion. If the judge who prosecutes the matter for Christians is not a Christian judge, there will be emotional conflicts and spiritual conflicts and this is very dangerous for the judge's own conviction; (2) The judge who is adjudicating a divorce case must invite expert witnesses from Christian scholars to be questioned. This will have positive implications for the judge himself and the parties. For the judges and for the litigants, that the case faced is a matter that is closely related to religion and can not be separated from religion. Thus the legal concept of Christianity is inward. In the sense of being a religious affair, though it should not be separated from state affairs if it clearly has a relationship. But the Christian doctrine of love makes no concept of punishment. So has a legal concept but does not have the concept of punishment. 204

20 III. CONCLUSION Based on the results of research, done by the author, it can be concluded that generally religious people in Indonesia, in this case religious are represented by the religious leaders, have ideas or ideas related to the legal norms of the state that must be in accordance with the laws of religions as one of the first embodiment of Pancasila and The 1945 Constitution. Bibliography Abu al- Ala Al-Mawdudi.1990.Khilafah dan Kerajaan,ahli bahasa Muhammad Al-Baqir. Mizan : Bandung. Abdullahi Ahmed An-Na im.2007.islam dan Negara Sekuler. Bandung : Mizan Pustaka. A.Qodry Azizy,M.A Elektisisme Hukum Nasional.Yogyakarta : Gama Media. Marzuki Wahid dan Rumadi.2001.Fiqh Madzab Negara.Yogyakarta : LKIS.p.8. http :// indonesia.ucanews.com Demografi Agama Menunjukkan Pluralitas Indonesia. Diakses tanggal 26 April James P.Piscatory.1983.Islam in the Political Process.New York : Cambridge University Press. Marzuki Wahid dan Rumadi.2001.Fiqh Madzab Negara.LKIS : Yogyakarta. M.Dien Syamsudin.1996.Usaha Pencarian.Cirebon : Jilli. Muhammad Tahir Azhary.1992.Negara Hukum.Jakarta : PT Bulan Bintang. Pancasila. Ratno Lukita Law and Politics in Post Independence Indonesia : A Case Study of Religious and Adat Courts dalam Studia Islamika,Volume 6,No.2.p.77. Soerjono Soekanto Pengantar Penelitian Hukum.Jakarta : Universitas Indonesia. Sutopo,H.B Pengantar Penelitian Hukum. UNS Press:Surakarta. 205