KONFIGURASI POLITIK HUKUM NASIONAL TERHADAP KARAKTERISTIK DAN PRINSIP-PRINSIP HUKUM EKONOMI SYARIAH

Abstract

This research is motivated by the process of reforming the formation of legislation in the field of Islamic Economics in Indonesia which is intervened by the politics of law through government policies both from the legislative and executive, one of the causes is the people of Indonesia. the religion of Islam. This study aims to determine how the tug of war that occurs in the political configuration of Islamic Economic Law. The research method that the author tries to do in this study is juridical-normative research with a legal political approach. The results of this study generalize that the government as a policy maker in the realm of legislative power at its stage can not be separated from the role of all sectors of the Muslim religion. In the context of Sharia economic legislation, national legal politics provides a place for a strong tendency in the process of Islamic legal legislation, both in terms of institutional and regulatory substance. This is to affirm that the existence of Muslims as the majority of the Indonesian population is given good legal protection by the state. On the other hand, the discourse of whether or not Islam should be placed as the basis of the state, as well as making Islam a positive law, substantially states that Islamic law can be made part of our national positive law.