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 Islamic
law reform in Indonesia was build from
historical commitment based on it’s step and
effort.
 The pattern of sharia application in Indonesia is
coherently giving it’s contribution toward
development of law in the country.
 The existence of Islamic law system in Indonesia
is not apart from national law system.
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LEGAL SYSTEM
A Set of operational system of law which including it’s
sub-system are: legal substance, legal structure, and legal
culture



Legal substance consist of rule, norm, and behavioral
pattern of both written law and valid law which living in
society.
Legal structure consist of legal institution element order.
Legal culture consist of moral value, norm, and
institution that become the basis attitude of law behavior.
LEGAL SYSTEM
LEGAL SUBSTANCE
LEGAL STRUCTURE
LEGAL CULTURE
THE RESULT AND PHENOMENON
DEVELOPED FROM
THOSE THREE BASIS OF LEGAL FORM
CLARIFY THAT LEGAL SUBSTANCE AND CULTURE
ARE THE MOST DYNAMIC BASIS IN DEVELOPING
LEGAL SYSTEM
The hope for implicating sharia in
Indonesia will grow, run and develop
well through living law in society.
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Problems in implicating sharia in national law system are:
1. Religion control in state corridor usually causing both
horizontal and vertical conflict if it’s not designed
holistically by the government.
2. Religion control are written in the holy book,
government’s regulation will cause primary problem if
it try to regulate it specifically, because both from
heterogeneous into homogenous nor from inductive
into deductive can not be codified universally in line.
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Moslem’s contribution on sharia implication in
Indonesia can be developed significantly,
especially on moral value that internalized in
legal substance and legal culture.
4. Void of Law which regulate legal interaction
among inter-religion brings society behavior
into legal smuggling and artificial subjugation.
I.e., society will find their own juridical legality.
3.
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5. The question : Does the state/government let
these cases happened and giving full settlement
to the dynamic of society?
6. State/government can study further that not all
public aspiration are brought to a formalistic
matter. National legal system that based on
pluralism also participates in building the
existence of Islamic law in Indonesia today.
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