The Indonesian legal tradition has lasted for a long time, far before Indonesian people were introduced to Western legal tradition. In fact, in some regions in Indonesia, customary law has been the main guideline in social life up to the present time, despite the presence of national legal norms. Of the many customary laws in Indonesian archipelago, the Islamic law has had significant influence in the development of those customary laws.

Different from the Islamic law which has been introduced through a peaceful process of adaptation and adoption, so as to give a positive impact on customary laws, Western legal tradition was initially introduced through the use of force to the people of Indonesian Archipelago. Nevertheless, centuries of colonialism has created an extensive application of Western law (Dutch law) for a long time. As a result, Indonesian nation is unable to escape from Western law practices. Hence, after Indonesian Independence it was the Western law which was translated into the national law.

This was conveyed by the Chief Justice of the Constitutional Court, Prof. Dr. Jimly Asshiddiqie, S.H. before the professors and civitas academica of the Public Islamic University (UIN) of Sunan Gunung Djati (SGD) in its 39^th Anniversary ceremony in Bandung last Monday (9/4). On that occasion, Prof. Jimly presented a scientific oration titled The Development of National Legal System, Islamic Law and the integration of Legal Education. Beside the Director of UIN SGD, Prof. Dr. H. Nanat Fatah Natsir, M.S, the program was also attended by the Governor of West Java Province, Dany Setiawan, Chairman of PKB Faction at MPR RI, Prof. Drs. KH. Cecep Syarifuddin, M.Pd., as well as professors and the civitas academica of UIN SGD.

In his impromptu scientific oration, Jimly also conveyed that the colonial regime which lasted for a long time has created a dichotomy between the Islamic law and the national law. Such dichotomy has led to dualism of legal systems as if both legal systems are contradictory to each other. “If we want to truly follow the religion, we must be subject to the Islamic law. Meanwhile, if we want to be a good citizen, we must comply with the national law. National and Islamic identities have become two phenomena which are sometimes contradictory to each other,” he explained

According to Jimly, the impact of the dichotomy was still felt until the 80s, when the spirit of Islamic law was still constantly juxtaposed to the spirit of national law. “If a Muslim wanted to become a good citizen, it was as if he/she would have to be away from his/her religious law. Or otherwise, if he/she wanted to enter the heaven he/she had to be away from his/her national law,” he added.

No Need for the Reduction of Islamic Law

In relation to the growing trend toward of the idea of the enforcement of the Islamic canon law (Syariah) as the national law, Prof. Jimly asserted that Islamic Law is a law which applies to every Muslim. Besides, Islamic law is also the supreme law for men (Muslims) in the context of religious life which encompasses all aspects of human life while living as a nation/state is just a part of human affairs. Therefore, the meaning of Islamic Law does not need to be reduced to merely pertaining to state law affairs. In fact, the national law has been directly derived from religious law.

Concluding his address, Jimly once again reminded about the diversity of customs and cultures of Indonesian people. Due to such diversity, as Jimly explained, the applicable law shall be the law which accommodates such diversity, namely the national law based on Pancasila. This Law will become a covenant of all Indonesian people. “As a man having a religion, I therefore invite us all, particularly as Muslims, to comply with this common covenant. It is especially because Muslims respect the attitude of keeping their words,” he added. (ardli)