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This book focuses on constitutional reform in Indonesia (1999-2002) from the perspective of shari'a. The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success.
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a br...
A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.
An independent judiciary is considered an indication of a developing nation’s level of democracy
This book explores the political and ideological motivations behind the formation of the Nahdlatul Ulama-affiliated political party, and Abdurrahman Wahid's rise to the Presidency of Indonesia after having led NU for 15 years away from formal politics. It sheds light on the complex and historical rivalries within Islam in Indonesia, and how those relationships inform and explain political alliances and manoeuvres in contemporary Indonesia.
In The Coalitions Presidents Make, Marcus Mietzner explains how Indonesia has turned its volatile post-authoritarian presidential system into one of the world's most stable. He argues that since 2004, Indonesian presidents have deployed nuanced strategies of coalition building to consolidate their authority and these coalitions are responsible for the regime stability in place today. In building coalitions, Indonesian presidents have looked beyond parties and parliament—the traditional partners of presidents in most other countries. In Indonesia, actors such as the military, the police, the bureaucracy, local governments, oligarchs, and Muslim groups are integrated into presidential coalit...
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Buku ini penulis sajikan untuk memberikan pandangan model modernisasi terhadap studi Hukum Keluarga Islam. Dengan pendekatan epistemologi hukum, epistemologi yang dimiliki KHI dan CLD-KHI adalah berbeda dari aspek paradigma, ideologi dan substansinya. KHI lebih bercorak ideologis dan menggunakan nalar teologis, sedangkan CLD-KHI lebih menggunakan nalar hukum dengan memasukkan prinsip-prinsip yang tidak dipakai dalam KHI, seperti prinsip demokrasi, pluralisme, HAM, dan sebagianya. Meskipun demikian, baik KHI maupun CLD-KHI tetap memiliki kesamaan semangat, yakni aspek modernisasi hukum Islam tertulis.