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All Journal AJIS : Academic Journal of Islamic Studies NEGREI: Academic Journal of Law and Governance
Asasriwarni Asasriwarni
Universitas Islam Negeri (UIN) Imam Bonjol, Padang
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Contribution of L.W.C. Van Den Berg’s Thoughts in Dutch Colonial Legal Politics on The Development of Religious Courts in Indonesia Roni Pebrianto; Asasriwarni Asasriwarni; Ikhwan Matondang
AJIS: Academic Journal of Islamic Studies Vol 7, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v7i1.3779

Abstract

The purpose of this paper is to explore the contributions of L.W.C. Van Den Berg in Dutch colonial legal politics on the development of religious courts through the theory of reception in complexu. The focus of this research are: what are the contributions of Van Den Berg in the development of religious justice in Indonesia? Why did the Dutch colonial government accept this idea? Was it to protect the colonized people or protect their power? This type of research is a library research by focusing on sources of information originating from legal politics books, articles, journals and literature that are relevant and in sync with the object of this research. The results show that Van Den Berg had contributed to the development of religious courts in Indonesia through the receptie in complexu theory which stated that the law that applies to Muslims is Islamic law. This theory emerged after the Dutch colonial saw the reality of the application of Islamic law to society. As an implementation of this theory, Islamic law legislation was made known as the Compendium Freije. Religious courts were given the authority to carry out their legal jurisdiction according to and based on Islamic law. With this theory, the existence of the Netherlands could be accepted by the people of the Nusantara
The Relationship Between Religion and The State in Indonesia, and Its Relation to Islamic Law Ahmad Hamidi; Asasriwarni Asasriwarni; Ikhwan Matondang
NEGREI: Academic Journal of Law and Governance Vol 2, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i1.3783

Abstract

The relationship between religion and the state has become an actual and dynamic discourse in every phase of the development of civilization, both in the West and in the East. The debate revolves around the question of the form of the state, whether it is integral, symbiotic, or secular. Departing from this discourse, this study examined the existence of the relationship between religion (Islam) and the state in Indonesia. The approach used was Martin Heidegger's hermeneutics, while the study method used was a comparative method. The results of this study indicate that historically-normatively, the Prophet SAW had formulated the State of Medina based on the Medina Charter which spirit was based on the texts of the Qur'an, not an Islamic state based on the literal Qur'an. The scholars who became the founders of the Indonesian state had also formulated Pancasila as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia as the ideal building for establishing relations between religion and the state in Indonesia, so that religion and the state could develop dialectically. The substance of religious norms was applied after promulgation and in accordance with Pancasila and the 1945 Constitution of the Republic of Indonesia. Therefore, the ideal relationship between religion and the State could be built based on a symbiotic or dynamic-dialectical typology.
Co-Authors Ahmad Hamidi Ikhwan Ikhwan Roni Pebrianto