PENGARUH PIAGAM JAKARTA DALAM PEMBANGUNAN HUKUM NASIONAL PASCA PERUBAHAN UUD 1945

Abstract

The Jakarta Charter has a strong constitutional standing because it has been
stipulated by Presidential Decree no. 150 of 1959 concerning the Presidential Decree
dated July 5, 1959 and published in the State Gazette of the Republic of Indonesia no.
75 of 1959 and reinforced by the adoption of the MPR on the Fourth Amendment of the
1945 Constitution on August 10, 2002. With such a strong constitutional standing,
there is an obligation for Muslims and the state to implement Islamic Shari'ah in
Indonesia as required by the Jakarta Charter. That is because, that the constitution
binds all state institutions and all citizens. Therefore, the implementing constitution is
all state institutions and all citizens in accordance with their rights and obligations as
regulated in the 1945 Constitution. In Indonesia, as with other Muslim-majority
countries, its empowerment has long since earned a decent place in the life of the
community along with the establishment of Islamic empires, and even once became the
official law of the state. Nevertheless, Islamic law still exists, even if it is not complete.
Sociologically and culturally, Islamic law never dies and even always present in the
life of Muslims in any political system, both colonialism and independence period and
to the present day. But behind it all, Muslims actually experience various obstacles and
obstacles in its efforts to transform Islamic Shari'ah into the national legal system. It
can be done by making radical renewal of legal education, both in Islamic law and
general law covering the pattern and curriculum, so as to produce reliable, productive,
responsive and anticipative legal scholars against the social development of society as
well as promoting dialogue, seminars and the like between Islamic law experts and
their fellow men, and with the common law expert to find common vision and
perception in order to build national law.