شكل دولة إندونيسيا ونظامها الدستوري : دراسة فقهية تحليلية

Abstract

Though Indonesia is one of the most populous Muslim countries in the world, it is not an Islamic state that views life in a state under Islamic law as a necessity. The constitution of Indonesia is Pancasila which serves as an ideology and a life guidance for Indonesian people in the public life. From the dawn of the era of reform until now, there have been some Islamic movements in Indonesia struggling to formalize the application of Islamic law in the context of the state. Is it acceptable to replace the constitution of the Republic of Indonesia by a constitution entirely based on Islamic law - which automatically transforms Indonesia to be an Islamic state? And what shall be prioritised when the preservation of national unity is imbued with Islamic legal provisions and they in turn contradicts the establishment of the whole Islamic law which potentially leads the state into the abyss of violent secession and/or civil war?. This research aims to find the answer by employing the inductive and analytical method which involves gathering and analysing materials relevant to the research; stemming from the concept of the Republic of Indonesia and its origins, to an in-depth discussion on the issue of abandoning Pancasila or staying on it. This research is specific in investigating the form of the state of Indonesia and its discussions, and the rhythm of examining the status of the application of Islamic law only on Islamic movements and not other national movements. The researcher has reached several results; that Indonesia is not a Dar al-Kufr that requires change and replacement and replacing Pancasila with a constitution and a set of laws based entirely on Islamic law at the present time would entail a greater mafasid. Additionally, the Republic of Indonesia can also be regarded as a manifestation of the concept of Dar al-Islam; since there is a guarantee of security on life, wealth and dignity and freedom to practice the religious rites of Muslim.