International Journal of Research and Innovation in Social Science (IJRISS) | Volume VI, Issue VII, July 2022 | ISSN 2454–6186
Domination of Colonial Law in The Middle of Indonesian Moslem Society
Muhammad Nur Islami
Faculty of Law Universitas Muhammadiyah Yogyakarta
I.BACKGROUND OF THE PROBLEMS
This short article intends to explain the major problems faced by Indonesia since been colonized by a foreign nation (in this case mainly the Netherlands) for three and a half centuries with all its consequences, namely the existence of foreign law until now in Indonesia, including the influence of European culture in the life of people who are predominantly muslim with the traditions and culture of course different from the tradition and culture of the colonial. Circumstances should be terminated immediately it can certainly be felt by everyone that upholds and respects the religious laws adopted by the muslim majority of Indonesia’s population. After 70 years of Indonesian independent, largely of colonial law is still exist in the entire territory of Indonesia. Indonesian people seemed no longer care about these issues, or at least only a small part of Indonesian society are seriously thinking about it. And for a great nation like Indonesia should the laws of society are in accordance with the community’s culture, and culture is a culture that is supposed to be created/built on the majority religion in this country embraced the religion of Islam. So, it can be said that the law should be the law of Indonesia are built on the teachings and culture of Islam, but the reality showed that the laws of the Dutch Law such as ‘Wetboek van Straftrecht’, ‘Burgerlijk Wetboek’ and ‘Wetboek van Koophandel’ are still apply today.
Attempts to change the system of foreign law into the legal system of Indonesia that have been performed since Indonesia’s independence, and when it’s already generated a lot of products of national law in several areas of law, but these efforts have not been felt since the codification of the law in most areas of civil, criminal and commercial still using colonial law, but to the three areas of the law was also stipulated in Islamic Law, even the law says Islamic Law is derived from the Holy Qur’an and the Sunnah of Prophet Muhammad , who has set up a complete all the needs of humanity not only for muslims but also applies to all people in the worlds. Normativity Islamic Law is probably not entirely practiced by its followers. It means that if there are parts of Islamic Law is not practiced, can not be generalized that the followers do not practice Islamic Law. Similarly can not be concluded that the so-called Islamic Law is what is being practiced by the adherents.