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

Abstract

The Formation Of Regional Regulation Based on Sharia in the Framework of Indonesian Law System

Author(s): Gazali, Huala Adolf, L Husni, RR Cahyowati

The formation of Regional Regulations Based on Sharia is closely related to the opening of opportunities through regional autonomy (Decentralization), the permanent aspiration of some Islamic groups to incorporate Islamic law into national law, in some regions in Indonesia, the observations of researchers found no less than 200 Sharia-Based Local Regulations by the Regional Government with a variety of reasons behind the law published. Therefore, this research try to find: (1) What is the essence of formation of regional regulSation based on sharia; (2) How the establishment of regional regulations on based Sharia within the framework of Indonesia's national legal system; (3) How is the concept of establishing regional regulations based on sharia in accordance with the ideals of the Indonesian nation? Using a philosophical approach, conceptual approach and approach to legislation. Analysed using state theory of Pancasila Law, Legal Idea Theory, Normal Hierarchy Theory and Unitary State Theory. This research is normative research.