Philosophy of Law in Forming Religious-Based Regional Regulations

Abstract

This article aims to reveal and analyze the existence of philosophy of law in forming a regional regulation with the goal to become a source of positive laws in Indonesia. The Republic of Indonesia is based on the highest constitution, Pancasila and the 1945 Constitution. Since post-reform an opportunity the regional autonomy to write its laws (Perda), the head of districts and the Regional House of Representatives collaborates to write a regulation with religious nuances. Each religion has a holy book for its followers, such as the Quran (Islam), the Gospel (Christianity), and the Vedas (Hinduism). Thus, some regions in which dominates by Moeslem are intend to propose the Quran as the basis for the formalization of sharia in the Regional Regulation; areas that are predominantly Christian will take the gospel as their basic foundation; and Hindu-majority areas such as Bali will include Vedic teachings in their regional regulations. Concequently, if it daes not study philosophycally, it likely leads to disunity between inter-religious followers although according to the philosophy of law, the regulation made will be likely spared from the nature of discrimination.

Keywords

• philosophy of law
• religious-based regional regulation
• constitution