Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Public Hearing and People Aspiration in Legalizing Law: A Case Study of Indonesian Islamic Banking Act

Author(s): Abdul Ghofur, Nur Asiyah

In Muslim’s view, the legislation can be basically considered as a part of Muslim struggle to impose their Islamic law in accordance with the existing political system. This paper attempts to address the discussion of the political background of various parties having involved in the since the formation of the Act No. 21 of 2008 on Islamic Banking, that is virtually considered as the champion of political Islam attempts in the post authoritarian regime. This study conducted by in-depth interview with Islamic economist experts reveals that the legislation of Islamic banking cannot be separated from the roles of Muslim organizations to propose their aspirations, and through legislative function of public hearing by using political and legal means as instruments to achieve the objectives aspired, simultaneously connected to religious and economic aspirations of Muslim. Moreover, the legalization of the Islamic Banking Act, philosophically, contains a mission to realize the objectives of the State, broadly related to aspects of people benefit covering economic prosperity and happiness of Indonesian society in general.