Community Participation in Shari’ah-Based Regional Regulations in Indonesia

Gazali

 

Abstract: The Constitution of the Republic of Indonesia states that Provincial, District, and City Regional Governments independently regulate and manage governmental affairs according to the principles of autonomy and delegated tasks. Article 96, Paragraph 1 of Law Number 12 of 2011 concerning the Formation of Legislation states that the community has the right to provide input, either orally or in writing, in the process of forming legislation. The regional autonomy given by the Constitution is therefore subject to community participation in the making and implementation of regional regulations. While the formalisation of Islamic law in Indonesia has been questioned at the national level, increasing number of Districts, Municipalities and Provinces are passing regional regulations (called perda) that are influenced by Shari’ah. This article examines the necessity for community participation in the formation of Shari’ah-based regional regulations in Indonesia. It evaluates the stages of community participation in the formation of Shari’ah-based regional regulations, which include planning, designing, discussing, ratifying, promulgating, implementing and evaluating. The overall argument of this article is that there is a necessity of community participation in making regional regulations to capture the knowledge, expertise and experience of the community so that such regulations truly meet the requirements of Shari’ah -based regional regulations. This will not only guarantee that Shari’ah -based regional regulations are in accordance with existing social realities, but the community involvement will also foster Shari’ah compliance and good governance.