Is Pluralistic Society a Challenge to the Enforcement of Islamic Criminal Law in Indonesia?

Wirdyaningsih

Abdul Karim Munthe

Djarot Dimas Achmad Andaru

 

Abstract: This article explores the pluralistic society as a challenge to the enforcement of Islamic criminal law in Indonesia by examining three major issues: 1) pluralistic society as an integral part of the Indonesian nation; 2) the development of Islamic criminal law within Indonesians' pluralistic society; and 3) pluralistic society as a challenge for Indonesia for the application of Islamic criminal law. This article argues that contextualisation of Islamic criminal law dictated by cultural needs of local communities is necessary to ensure its effective implementation in pluralistic society. Indonesian society consists of complex social groups in terms of religion, ethnicity, culture, and social systems. However, pluralism in Indonesia is a symbol of unity as expressed in the Pancasila's third principle. On the other hand, Islamic criminal law is a part of Islamic religion followed voluntarily by most Indonesians. The establishment of Islamic criminal law in Indonesia has been an ongoing process since the Islamic Sultanate era (the 13th century to the early 20th century), the Dutch colonial era (early 17th century and ended in the mid-20th century), the period of independence, and the reform period in Indonesia. The province of Aceh is the only territory in Indonesia to enforce Islamic criminal law through the Regional Regulations. However, the overall implementation of Islamic criminal law is controlled by a pluralistic society where unwritten Islamic law serves as the basis for the development of national law that binds Indonesian society.