Indonesia based its law on Custom, Sharia, and Europe’s, that included sort of law which developed in Anglo Saxon countries to comprise law of trade. While nowadays Law of Trade was developed mainly in the American soil.

“The three blended into our law, which mainly cited as Hybrid Law,” Head of MK, Hamdan Zoelva said during a lecture in Muhammadiyah School of Management and IT (STMIK), Ciracas, East Jakarta.

Hybrid Law is the term used to explain a product law of which incorporating another three law basis, Custom, Sharia, and Europe’s. Hamdan explaine during the Netherland occupancy, the Europe law captivated a stronghold in Indonesia. But prior to it, the influence of Sharia and Custom had also alternately settled.

“In the last development, the law of Islam widely ruled Indonesia’s development of law, mainly in business, trade, muamallah, and so on. This is what we need to move further toward the right way,” Hamdan said in the lecture titled “Indonesia Berkemajuan Rekonstruksi Kehidupan Kebangsaan yang Bermakna.”    

According to Hamdan, Islamic law is tightly competed with Anglo saxon’s. Islam influence is strongly penetrated into our law, although during the New Order era it faced some serious obstacle. However, after 1998 Islam law slowly crawled to penetrate into Indonesia’s law

“If we regard the constitution’s basis, law of Islam (Sharia) is formally eligible to be applied in Indonesia. Even though the Jakarta Charter was timely removed, but after the 59’ President Decree had been released, substantially, the 1945 Constitution which inherited from the Jakarta Charter regained its place,” Hamdan explained

Jakarta Charter conveys the 1945 Constitution which means Sharia may had it legal basis to be applied as supported by the 59’ Presidential Decree.     

“Therefore, if someone tells that Sharia opposes Pancasila and Constitution. That person has no figure of the history of constitutional development in Indonesia,” Hamdan said.

The Constitutional basis was strengthened by the fourth amendment of 1945 Constitution in 2002. In the Amendment, it is retained that the valid Constitution is the 1945 Constitution which has been changed to date.

“The fourth change of 1945 Constitution has large Constitutional meaning, the basic meaning to regard Jakarta Charter as the soul of the Constitution,” Hamdan said.(Nano Tresna Arfana/mh)