MEMOTRET ‘GELIAT’ HUKUM ISLAM DI INDONESIA: SEBUAH PERTARUNGAN KONSTITUSIONAL

Abstract

When the founders of this country were about to proclaim Indonesia's independence, objections arose from residents of the eastern part of Indonesia who were mostly non-Muslim. They are worried that if the Jakarta Charter becomes the basis of the State, those who are non-Muslim will be marginalized and will become second-class citizens. They threatened to leave Indonesia if forced to do so. For this reason, through wise actions, the founders of the State agreed that the first precepts in the Jakarta Charter which stated Divinity with the obligation to carry out Islamic syari'at for its adherents to be replaced with the One Godhead. The Lordship in One God as the first precept coupled with four other principles known as Pancasila are then used as the basis of the State. Compromises such as making Indonesia not purely a secular state but also not becoming an Islamic state. Indonesia then introduced itself as the Pancasila State. In the Pancasila State all religions are placed in the same position. All citizens have the right to practice their religion and worship according to their religion and belief. However, this "wise" decision did not leave all Muslims feeling relieved and satisfied. Some Muslims still want and continue to fight for the Jakarta Charter, or more precisely the seven words in the Jakarta Charter, to be included in the constitution. Because with the inclusion of seven words in the Jakarta Charter, Indonesia by itself, seen from its constitution, has become an Islamic State.