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DINAMIKA PERDA BERNUANSA SYARI’AH PERSPEKTIF POLITIK HUKUM DAN MAQASID ASY-SYARI’AH
The existence of local regulations with Shari'ah nuances in Indonesia, including in Indramayu Regency and Tasikmalaya City, has generated controversy in the community. The pro group states that local regulations with Shari’ah nuances can assist the government in fostering religious life and implementing the mandate of the first principle of Pancasila and the 1945 Constitution. This kind of thinking is not in line with the cons, where the application of local regulations on Shari’ah or local regulations with Shari’ah nuances is a form of violation of statutory provisions because it is not in accordance with the ideology of Pancasila, the 1945 Constitution, and the Unitary State Form. In addition, Shari’ah local regulations will lead to discriminatory attitudes and national disintegration. Based on this background, there is a problem. How is the legislative process of local regulations with sharia nuances in Tasikmalaya City and Indramayu Regency from the perspective of local legal politics? What are the factors that influence the issuance of local regulations with sharia nuances? How is the application of local regulations with sharia nuances from the perspective of Maqāṣid Asy-Syarī‘ah? This research is a field study based on local regulations with sharia nuances in Tasikmalaya City and Indramayu Regency, West Java, using qualitative methods and taking several local regulations with sharia nuances, using a statute approach, and a legal sociological approach. The local regulations with sharia nuances are analyzed with the theory of regional legal politics and the Maqāṣid Asy-Syarī‘ah theory. The research results are: First, juridically normative, the legislative process of Sharia Nuanced Local Regulations in Tasikmalaya City and Indramayu Regency has gone through stages that can be considered not contrary to the prevailing laws and regulations. Second, the factors that influence the issuance of local regulations with sharia nuances are: a). the factor of the majority Muslim community (traditional) and its strong desire to preserve Islamic values in social life; b). the socio-political factor of Islam, which is strongly influenced by the dynamics of religious community organizations; and c). the factor of the times and modernization causing social change. Thirdly, there are some local regulations with Sharia nuances that are in accordance with Maqāṣid Asy-Syarī‘ah and some that are not. Sharia local regulations must provide harmony, justice, and benefit. The novelty found by the author is the concept of harmonization of sharia and law in the formation of regional policies, which means that the formalization of Islamic sharia in the formation of regional policies as political products must harmonize aspects of sharia and legal aspects in order to bring justice and benefit all humans (li mashalih al-ibad). This concept is in line with Kuntowijoyo's theory of objectification, which says that laws (regional policies) must be more grounded in responding to and solving concrete and real problems that exist in society.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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