Islamic Constitutionalism and Legal Pluralism in Indonesia

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Authors: Nurul Chotidjah, Fabian Fadhly Jambak, Wicaksana Dramanda
Cited by: 0

Abstract

The historical disputes between Islamic law, Pancasila, and human rights are examined in this research of Islamic constitutionalism in Indonesia's complex legal landscape. This study examines Old Order to Reform Era developments from a historical-legal standpoint. It covers the Jakarta Charter discussions, the Masyumi party ban, and the changing relationship between state and religion during the New Order. It shows how Indonesia institutionalizes legal diversity by integrating state, Islamic, and customary law while upholding constitutional supremacy. Aceh's qanun implementation shows that maintaining regional sovereignty, Sharia-based legislation, and constitutional equality and religious freedom is challenging. The rise of Sharia-inspired rules, particularly in Aceh, raises questions about Indonesia's constitutional identity and human rights, particularly gender discrimination and minority rights. This paper promotes legal harmonization, institutional monitoring, and an inclusive approach to Indonesia's complex legal structure to match Islamic legal ambitions with democratic ideals. Keywords: Constitutionalism, Islamic Law, Qanun, Pluralism, and Human Rights.

Fields of Study & Subjects

Religious Freedom and Discrimination Indonesian Legal and Regulatory Studies Legal and Policy Analysis in Indonesia

Publication details

Journal / source
Lentera Hukum
Volume
12
Issue
3
Pages
409–455
Publication date
6 January 2026
Language
EN