CONTRIBUTIONS of ISLAMIC LAW IN THE DEVELOPMEN Of POSITIVE LAW IN INDONESIA (Critical Analysis of Article 284 Criminal Code)
Farida Nurun Nazah (a*), Dwi Nur Fauziah Ahmad (b*), Saiful Bahri (c*)
a) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599
b) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599
c) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599
Abstract
Islam as a religious majority of Indonesians have made Islamic law as a living law in the order of the peoples lives, so that in the formulation of positive law in Indonesia always Consider legal awareness and value in the community. The existence of Islamic law in the establishment of positive law in Indonesia is visible from three aspects. First, as the norm has grown, developed, and rooted in the community. Second, as a code of ethics that is capable of filtering deviant behavior from society. Thirdly, legalization of Islamic law as a universally applicable positive law for all Indonesians in certain areas of law.Article 284 of the Criminal Code of adultery is placing a weak law enforcement because of the sanctioned dichotomy contrary to the religious norms of Islam, adat, and moral of the Indonesian nation.
Keywords: Contributions; Islamic law; Coaching Positive Law; Article 284 Criminal Code
Topic: Islamic Law