LAW IN A PLURALISTIC SOCIETY: A STUDY ON THE IMPLEMENTATION OF INHERITANCE LAW UNIFICATION IN INDONESIA
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Abstract
The existence of legal systems in a pluralistic society does not necessarily have to be uniform; in certain cases, it is constitutionally permissible for them to be "unified" within the context of "diversity." For example, the Marriage Law, the Law on Religious Courts, the Waqf Law, and so forth. The research issue under consideration, serving as the focal point of discussion, revolves around determining which legal norms can influence the heterogeneity of inheritance law in a pluralistic society in Indonesia. This research employs a qualitative approach with a descriptive research design. The analytical data analysis used in this research is descriptive analytics. The conclusion drawn from this research is that Indonesian society is pluralistic, as evidenced by various socio-cultural and religious backgrounds. The pluralism inherent in Indonesian society significantly influences the application of law. Therefore, legislative institutions, in formulating necessary laws, need to consider social changes within the societal framework. In a pluralistic society, the laws to be applied do not always have to be uniform; instead, in certain legal aspects, they can also be pluralistic. Norms influencing legal pluralism in a pluralistic society include customs and religious norms. Consequently, the effective implementation of unified inheritance laws as stated in the Compilation of Islamic Law has not yet been achieved, as in pluralistic societies, the higher the level of diversity, the more challenging it becomes to unify legal principles.
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References
Abdullah, Abdul Gani, Introduction to Compilation of Islamic Law in the Legal System of Indonesia, Jakarta: Gema Insani Press, 2014.
Ali, Mohammad Daud, Selected Topics in Islamic Law" Paper presented at the Seminar for Faculty Lecturers of Islamic Law at National Public/Private Universities, First Batch, Faculty of Law, University of Indonesia, Jakarta, July 10-14, 1995.
Anderson, J.N.D., Islamic Law in the Modern World, translated by Mahnun Husein, revised edition, 1st ed., Yogyakarta: Tiara Wacana Yogya, 1994.
Idris, Ramulyo M., Case Study on the Comparison of Islamic Inheritance and Compilation of Islamic Law, as well as Western Civil Inheritance Laws, Paper presented at the Seminar for Faculty Lecturers of Islamic Law at National Public/Private Universities, First Batch, Faculty of Law, University of Indonesia, Jakarta, July 10-14, 1995.
Mahendra, Yusril Ihza, State Sovereignty and Religious Judiciary, Suffran Sabrie Edition, Religious Judiciary in the Framework of Pancasila State, Jakarta: Pustaka Antara, 1992.
Kartodiprojo, Sudiman, Introduction to Legal Systems in Indonesia, Bandung: Ghalia Indonesia, 1984.
Rahardjo, Satjipto, Law and Society, 10th Edition, Bandung: Angkasa, 1986.
Soekanto, Soerjono, Fundamentals of Legal Sociology, Jakarta: Rajawali Press, 2014.
--------, Soerjono dan Mustafah Abdullah, Sociology of Law in Society, Jakarta: Rajawali Press, 1987.
Sudarsono, Introduction to Legal Science, Jakarta: Rineka Cipta, 2019.
Tebba, Sudirman, ed. Recent Developments in Islamic Law in Southeast Asia, Bandung: Mizan, 1993.
Thalib, Sayuti, Receptio A. Contrario: The Relationship between Customary Law and Islamic Law, Jakarta: Bina Aksara, 1985.