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Original Research

THE EXISTENCE OF ISLAMIC LAW IN INDONESIA AND ITS IMPLEMENTATION IN ADULTERY CRIMES

MUJAHID IMADUDDIN 1, HAMID FAHMY ZARKASYI 2, IMAM KAMALUDDIN 3, and MUHAIMIN 4.

Vol 18, No 05 ( 2023 )   |  DOI: 10.17605/OSF.IO/92MN8   |   Author Affiliation: University of Darussalam Gontor, Indonesia 1,2,3; University of Mataram, Mataram, Indonesia 4.   |   Licensing: CC 4.0   |   Pg no: 2281-2291   |   Published on: 31-05-2023

Abstract

As an essential element in Indonesian law development is Islamic law that empirically a living law in society. National law is based on Pancasila values and upholds religious and human values that are just and civilized. However, many legal products are contrary to Pancasila's echoed values, including the adultery offense, which is colored by individualistic values and liberalism. This research focuses on the existence of Islamic law in Indonesia and how it is implemented in the reformulation of adultery in Indonesia. This research is normative legal research. The philosophical, statutory, and conceptual approaches are used to find answers to the issues studied. This study states that Islamic law has existed in Indonesia. Implementing Islamic law in developing national law must be carried out through two interrelated processes, purification and integration. In this case, the performance is in the form of criminal reformulation of adultery in the National Criminal Code.


Keywords

Existence, Islamic Law, Adultery Crime, National Criminal Code