The existence of president instruction of the republic of indonesia number 1 the year 1991 on the wide spread of compilation of islamic law in indonesian legal system

Abstract

President Instruction Number 1 Year 1991 is a legal instrument that became Indonesia s positive law regulating the Compilation of Islamic Law (KHI). However, the constitutional system and regulation system in Indonesia have undergone significant changes since the reform era. It raised another legal issue in the application and implementation of the Compilation of Islamic Law since it is not categorized as the source of law in Indonesia s legal system. It cannot be applied to the government directly because of lack of legal binding. Nevertheless, the existence of the President Instruction still provides recognition through join decision with the Ministry of Religion and the Supreme Court. Thus, the Compilation of Islamic Law can be institutionally applied in the Religious Court which positioned under the Indonesia s Supreme Court. Since then Judges easily apply the Compilation of Islamic Law as the legal source in resolving disputes in Muslim society.