With the enactment of Act number 32 year 2004 that dealt with the arrangements of how should the local governments initiate their policies without any rigid control from their upper level government in order to create such appropriate policies to be implemented by each citizen. Accordingly, with the legalize constitution that confirmed local governments to do so; there are many phenomena that occur since the enactment of it. and to be mentioned here as well as the objection of this paper is the emerging of local syari’a regulation preserved as one of the regulations came out in a recent year. Many intentions are presented that it is so necessary to regulate local regulation based on syari’a concept. Proponents concerned and claimed that it will create the people tranquility, hence the Islamic concept implemented as they wanted. In other hand, many opponents also claimed the inconvenient of it in the case of its cause to harm human rights and people pluralities that existed in Indonesia. for that reason this paper will be deliberately talk about the essence of syaria regional law, moreover the paper also will deal with the use of “syari’a” word as the initial name for every regulation that based on syari’a, this matter commences an issue that will also be consulted. In accordance with the concept of local autonomy, the issue will be discussed in a way whether this regulation may become a good complement or may not interfere it.
In the way of a writing methodology, this paper will deal with a research type-approach of normative-juridical that coupled with analysis-description, the type which describes and analyzes the issues with provided many sets of rules.
In the last conclusion, the paper is answering the issues presented as mentioned above, namely, that the use of term “syaria” in many ways is not accurately proper because in the regulation that based on syari’a has a different term when its transformed into a legal state. Second conclusion that will be answered here is the fitting of regional syari’a law and the concept of local autonomy, indeed it has a suitable reason to conduct based on the sight of the aoutonomy concept because local governments are allowed to enact any regulation as long as that will initiate any development and also satisfies people needs. As our constitution stated and underlined the origin concept of autonomy, then in advance, the creation of regional syari’a law has met the basic requirement to be admitted as the branch regulation in a regional scope
In the way of a writing methodology, this paper will deal with a research type-approach of normative-juridical that coupled with analysis-description, the type which describes and analyzes the issues with provided many sets of rules.
In the last conclusion, the paper is answering the issues presented as mentioned above, namely, that the use of term “syaria” in many ways is not accurately proper because in the regulation that based on syari’a has a different term when its transformed into a legal state. Second conclusion that will be answered here is the fitting of regional syari’a law and the concept of local autonomy, indeed it has a suitable reason to conduct based on the sight of the aoutonomy concept because local governments are allowed to enact any regulation as long as that will initiate any development and also satisfies people needs. As our constitution stated and underlined the origin concept of autonomy, then in advance, the creation of regional syari’a law has met the basic requirement to be admitted as the branch regulation in a regional scope
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