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The Constitution is a necessary condition of a country’s sustainability. Because the Constitution includes the joints of the force of law and justice for state administrators, cannot be denied that it is underpinned by the values ​​of Islam and shariah which has been the subject of debate since the Indonesian Constitution was formed.

It was delivered by Chief Justice of the Constitutional Court Hamdan Zoelva in the International Seminar entitled The Dynamics of Islamic Values ​​in Indonesian Constitution and Legal System in the Faculty of Sharia and Islamic Economics Institute of Islamic Studies (IAIN) Walisongo, Semarang, Thursday (28/11) morning.

"Constitution contained in values ​​and norms agreed upon by all citizens to the highest referenced in the state and within the framework of the 1945 Constitution can be referred to as a social contract or collective agreement among all citizens," said Hamdan.

Hamdan also said, outlining the history of religion, especially the values ​​of Islam in the constitution as a form of struggle for existence. From the perspective of pattern that can be brought to the relationship between Islam and the 1945 Constitution, including Islamic law into living law in the life of the nation. In the period leading up to independence , the discourse about Islam has become more structural , as in the territory of the legal constitution , even the existence of Islamic values ​​in the constitution successfully championed marked by the achievement of a gentlemen agreement in the form of the Jakarta Charter BPUPKI at trial . “Jakarta Charter is contained the first formulation of the first principle of Pancasila with the Deity with the obligation to carry out sharia adherents , which eventually transformed into belief in one God," he explained.

After passing concern and outcry from the people of East Indonesia, President Sukarno issued Presidential Decree on 5 July 1959, failed to settle the grounds constituent duties. “By state law espoused the concept of Pancasila are rooted in the Constitution, shows that there is a balance between law and religion," he explained.

In connection with the establishment of national law, in the process, there is a growing trend of strengthening the influence of Islamic values ​​. In this case the law of Islam is not just a source of persuasive content, but has become an authoritative source in the Indonesian constitutional law. While explicitly legislators have adopted Islamic values ​​, both formally and materially.

 “In general, the formation of Indonesian law aimed at the realization of the national legal system to serve the national interest which is sourced from the Pancasila and the Constitution. However, to realize the national law for the state of Indonesia which consists of tribes,cultures, and religions, not an easy task," he added.

Hamdan reiterated, in the practice of constitutional justice in the Court , in particular the Constitutional Court Law , has been affirmed and acknowledged that , religious values ​​into a source of value in determining the constitutionality of a law , especially regarding freedom and human rights should not conflict with religion.

In the end of his speech, Hamdan asserted that the Indonesian legal system is based on Pancasila and the Constitution 45 , laid the foundation and direction of political laws that allow universal Islamic values ​​can be absorbed into national law . In principle Belief in God Almighty is the mandate that there should be no national laws that contradict or are rejecting and hostile to religion.

 “That is, the whole religion with its laws protects and serves the purposes of the implementation of these laws. Therefore, it can be said that the constitutional juridical Constitution 45 has provided a strong appreciation of space and sufficient for the development of Islamic values ​​in the national law," says Hamdan.

Also present on this occasion, the Vice President of IAIN Walisongo H. Rusman and Dean of the Faculty of Sharia and Islamic Economics Imam Yahya, as well as students from Egypt and Turkey and all the students of the Faculty of Law in Central Java. ( Hamdi / mh )

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