Harmonization Patterns and Positivism of Fatwa Into Indonesian National Law: Study On The Renewal Fatwa of Mui In Islamic Law

The concept of Indonesian independence is a country of laws but not a religious state nor a secular state. Certainty that Indonesia is a country of law is based on the results of the 1945 changes, Article 1 Paragraph (3) Amendment to the 1945 Constitution confirms that Indonesia is a country of law. In another aspect, Indonesia declared as a religious nation state (religious nation-state). In national and state norms be used as guidelines of religion under Article 29 paragraph (1) "State based upon the belief in God Almighty." This article by Hazarin mean that laws established by the state must not conflict with the teachings contained the recognized religions in Indonesia. Ideally, MUI fatwa presence as unifier, lightening and harmonizes with national laws, for the interests of MUI fatwa is demanded to reform the contents of fatwa by considering indonesian and modernity. At another level of national law also demanded to be responsive of the living law of life in Indonesian society. Key Words : Harmonization, Indonesian National Law, Islamic La

Reconstruction of Ethics Supervision System Towards Constitutional Court Justice

Ethics supervision of constitutional justices is an important issue for the development of ethics supervision system in the Constitutional Court, because the supervision of constitutional justices is a means of maintaining the independence and impartiality of constitutional justices, which is in fact the main pillar of an independent judiciary. In its development, there has always been a debate about the ethics supervision of the constitutional justices, whether the justices should be overseen externally or internally. This is because, juridically, the law does not regulate it clearly. Based on the above background, the research issues drawn are: (1) What is the significance of ethics supervision toward constitutional justices ?; (2) What is the system of ethics supervision of constitutional justices according to Indonesia's current positive law, (3) How to reconstruct the system of ethics supervision of constitutional justices more optimally in the future? Based on the result of the research entitled “Reconstruction of Ethics Supervision System toward Constitutional Justice”, the following conclusions are obtained: (1) Based on philosophical, juridical and empirical perspective, ethics supervision of constitutional justices has important meaning in order to maintain and uphold the honor, dignity, and the behavior of constitutional justices. (2) Based on the analysis of the evolution of the ethics supervision system, the result shows that the ethics supervision system toward constitutional justices which is always changing indicates that there is still no standard system as a guideline for the enforcement of alleged violation of ethics against the constitutional justices. Therefore, there is a need for normative reconstruction of the ethics supervision system toward constitutional justices through legislation. (3) The reconstruction of the ethics supervision system toward constitutional justices can be done through: a. Amendment to the 1945 Constitution by adding a new norm governing the provision on ethics supervision system toward constitutional justices, b. Amendment to the Constitutional Court Law

Juridical Implications of the Legal Norm Void of Interfaith Marriages in Indonesia

Legal void of interfaith marriages in Indonesia to date has not offered legal certainty and sense of fairness to couples of differing religions. Particularly, their rights to form a family and to freedom of religion are unprotected; whereas those rights are guaranteed by the 1945 Constitution of the Republic of Indonesia. Furthermore, the Constitutional Court\u27s ruling had rejected Judicial Review on Article 2 section 1 of Law No. 1 of 1974 against the 1945 Constitution of the Republic of Indonesia. The consideration provided by the Bogor District Court regarding the rejection was that the judge\u27s interpretation of article 2 section 1, yielded the assertion that marrying couples should have been of the same faith. The judge also took into consideration the religious values embraced by the prospective applicant who happened to be a Catholic widow while the prospective groom was a Muslim. A similar consideration was made by the Constitutional Court where in, among others, it was stated that the constitutional rights of marriage entailed the obligation to respect the constitutional rights of other people. Therefore, to avoid any conflicts in the implementation of those constitutional rights, it is necessary to have a regulation on the implementation of constitutional rights conducted by the state.Consequently, the juridical implications of interfaith marriage legal norm void give rise to the judges\u27 differing interpretations which are unfavorable to interfaith couples. The validity of these marriages cannot be accomplished, resulting in the marriages to be deemed invalid, implicating the status and position of women and children as well as heritance issues