Legal Transplant in the Substance of the Authority of Religious Courts in Indonesia

Abstract

This research is a study of the analysis of legal transplant in the substance of the authority of the Religious Courts in Indonesia as normative legal research using several approaches such as the legislative approach, the conceptual approach and the comparative approach. The results of this study find that in the authority of religious courts in Indonesia, there is the application of Islamic Law systems as one part of the legal source in resolving Islamic civil disputes in addition to using other legal norms derived from positive law. Islamic Law System is one of legal system that is not separated from the influence of other legal systems. Mixing between these legal systems occurs through legal transplant, such as the law of Conventional Banking based on Law Number 10 of 1998, which became the basis and reference for the establishment of the Sharia Banking legal system in Indonesia. These legal transplants are only distinguished by the enactment of Sharia Principles in Sharia Banking in particular and the Sharia Economy in general. In the latest development in the civil sector, there are various legal rules that are affected and originating from the Anglo-Saxon legal system which are transplanted into positive law and enforced in Indonesia.

Keywords: Legal Transplants, Religious Courts, Legal Substance.

DOI: 10.7176/JLPG/93-14

Publication date: January 31^st 2020