The position of Islamic law in the state system-Green law Indonesia and society

1. Political Law-Dutch East Indies
In the period of acceptance of Islamic law is fully (receptio in Complexy) is the period when Islamic law is fully enforced for the Muslims because they had embraced Islam.Since the arrival of the VOC family law of Islam, namely the marriage law and inheritance law, still recognized by the Dutch listed in the regulations Resolutie der Indische Regeering (RR) are known as the Compendium Freijer.
The acceptance period of Islamic law by customary law (receptie) is a new Islamic law applies if desired or accepted by customary law. Legal basis in Act-Dutch East Indies as a substitute RR, called the Wet op de Staatsinrichting van Nederlands Indie, abbreviated Indische Staatsregeling (IS). Political laws alienate Muslims from their religion provisions deliberately cultivated for the sake of edification Dutch rule in Indonesia. Therefore, when there is an opportunity at the time of Independence Preparatory Investigation Agency Business formed to facilitate the trial of the aspirations of Islamic leaders to fight for the enactment of Islamic law. And formed the Jakarta Charter that has been revised by changing seven words.


2. Political Law of the Republic of Indonesia
In the period of Islamic law as a persuasive source of the source person must be convinced to accept it. Islamic law applies to the Indonesian people are Moslems because the position of Islamic law itself is not because he had been accepted by customary law. In accordance with article 29UUD'45 about religion that says' the state guarantees the independence of each resident to embrace their religion and to worship according to his religion or belief.
Period of Islamic law as authoritative sources ie sources having power. Occurs when placed Jakarta Charter in the Presidential Decree dated July 5, 1959. Jakarta Charter was originally the opening of the 1945 draft by the Board of Inquiry Enterprises dibut Preparation of Independence. Then konsiderans presidential decree stipulated "That we believe that the Jakarta Charter, dated June 22, 1945 animated series of 1945 and is unity in the constitution proficiency level."
According to the laws of the State governance Indonesia, konsiderans explanation even have legal standing legislation. Opening and explanation of laws is an integral part of the legislation. Political law is seen in the MPRS No.11/MPRS/1960 where it is stated that the consummation of marriage law and inheritance law in order to consider the factors of religion.

F. Pancasila Legal System
Pancasila legal system is a set of legal rules in various fields of law which is part (element) thereof, which originated on the basis of Pancasila, which is related to one another is the unity of law in an insightful blend of the territory of the Republic of Indonesia archipelago.
The elements of the legal system of Pancasila is the rules of law in various legal fields (criminal, civil, commercial, international, procedural law, and others) are formulated on the terms of the nation and the Pancasila state philosophy. The first principle of Pancasila Belief in God Almighty is the prima causa of the other precepts and the fundamental precepts of the Republic of Indonesia (Chapter XI, Religion, article 29 paragraph 1 of 1945) and is an integral part of the overall precepts into a single unit.These elements barkait each other is a unity round, full, compact, and the total so that is one unit of a solid system.
a. Pancasila Legal System
1. Basic philosophy of the legal system is the basic philosophy of Pancasila and the State of Indonesia, the Pancasila. Basic philosophy of law west of individualistic, materialistic and rationalistic philosophy can not be used as basis. The uniqueness of Pancasila which comes from the uniqueness of its first precepts because of the uniqueness of Allah Almighty, not only served with the philosophy of Western law.
2. No MPR. II/MPR/1978 requires theelaborated and doing it Pancasila. MPR is also called "Ekaprasetia Pancakarsa" which gives real clues and obvious form of experience the five principles of Pancasila.
3. GBHN (MPR No.. II/MPR/1983) in the field of religion states that religion and belief in the Almighty Tuah will be increasingly practiced in private life and public life. National law desired by the Guidelines of State Policy is the law to accommodate and incorporate religious law, or religious law is in the national law.
4. Religion as an element of law and legal systems of Pancasila as the material can be shared with customary law and western law. But the customary law and western law without law would create a system of religious law and state laws such as the Indonesian people and the unborn child is not yet independent Indonesian state philosophy of Pancasila lean. Western law is needed to create the written law in order to ensure legal certainty in the legal system of Pancasila.
5. The function of law in the legal system in accordance with Pancasila Constitution 1945dan opening function of the law in general, are as follows:
a. Orderliness in the 1945 Constitution and Pancasila hukumberdasarkan.
b. Create legal certainty in the life of the nation's legal order and the State of Indonesia.
c. Encourage and pursue the achievement of a peaceful and happy life for man, nation and the State of Indonesia.
Indonesia Function national law must define the formula in the 1945 Constitution.
6. In the national legislation of Pancasila Indonesia when the legal system went into effect looks great respect and rights to religious law, and ditunukan as follows:
a. Law no. Law No. 22/1946 jo. 32/1954, the Act NTR.
b. No Emergency Law. 1 / 1951 of Law No. jis. 1 / 1961, PP. 29/1957 which was then replaced and expanded its territory with the PP. 45/1957. Legislation is in one hand and self-government abolished customary justice, on the other hand mengembngkan religious courts.
c. Law no. 1/PNPS/1965 acknowledge the reality of religions in Indonesia who embraced the religion is protected from misuse and desecration.
d. Law no. 14/1970 justice done for the sake of justice based on the belief in one God.Similarly, the Criminal Procedure Code in section 197 (i).
e. In the Law no. And Law No. 13/1965. 14/1970 religion envisaged that the judiciary is an integral part of Indonesia's national judicial system is a subsystem of the legal system of Pancasila. Law no. 15th. 1985 (Law on the Supreme Court) continued existence of religious courts dimahkamah great field.
7. Islam gave the teachings in the field of civil law, commercial law, criminal law, state constitutional law, procedural law, labor law, economic law, international law, the law of war and peace, inter-religious laws, and others.