The Development of the Politics of Law in Indonesia’s Sharia Economic Environment

Abstract

The sharia economic law in Indonesia applies in non-formal term as the part of the law that lives in community and in juridical formal term. The non-formal term of sharia economic law can be actualized in the form of fiqh mu’amalah iqtishadiyah or DSN MUI fatwa while the juridical formal term must be actualized in the form of the enactment of laws and regulations whose formulation is carried by the authorized government agency. In turn, the accommodation of Mu’amalah principles brings out the politics of law of sharia economy. This research is a normative legal research. The object of a normative legal research is the law that conceptualized as a norm or rule. There are several norms that becoming the objects in this study, including laws, government ordinances, etc. This research uses historical approach and statute approach. The result of this research shows that the sharia economic law in Indonesia has a specific type. Recognition process of the sharia economic law has a different recognition than another Islamic laws. Fatwa DSN MUI has strong legitimation in laws related to sharia economic. This is a concrete manifestation that the state supporting the development of Islamic economic in Indonesia.