MEWUJUDKAN SISTEM HUKUM INTEGRATIF

Harmonisasi Hukum Islam dan Hukum Adat Dalam Sistem Hukum Nasional

Abstract

The pluralism of law which is applying, that is Islamic law and customary
law, has not found the related point to go to the integral law yet. It is because
of till now in the Republic of Indonesia is using system of national law which
based on several system of law that has a various pattern. That third systems
of law are applying in Indonesia for a long time and dinamic. In early era,
before colonialism, the relation of both addressed to pattern of integration
with level of different coalescence in every sphere. The come of colonizer
made a mark on the furthermore era with the pattern that reducted the
applying law (Islam and custom) in Nusantara step by step till the top with
applying a theory of reception. Furthermore, by reaching freedom, slowly
the system of national law took role in developing and rearranged law in
Nusantara, in other words, developing the theory of codification.
To make that various law be able to be commander in living nationally and
stately needs to be balanced the comprehension of national law which is
integral. The mean of it in this writing is finite to the idea to see the system
of national law like a law that makes a system of law of custom, Islam, and
west as a source and reality of history which proportionates with the real
experience of nation from early its existence till now, so that, to be national
law, Islamic and customary laws are signed not to be incompatible with the
philosophy of national law, and also, the system of national law ought to
representate the value which lives and run by society.