Journal article

Instrumen Hukum Pembatalan Perda Syariah di Indonesia

I MADE DEDY PRIYANTO

Volume : 1 Nomor : 2 Published : 2011, November

Jurnal Konstitusi PKK-Universitas Pendidikan Nasional Denpasar

Abstrak

Abstract Syari'ah local regulation is a value-laden rules of Islam are derived from the Qur'an and Sunnah are valid in a region of agreements between the Government by the Regional People's Representative Council. Determination of Syari'ah local regulation incompatible with the Constitution as the ground norm for all the rule oflaw in Indonesia, as well as inconsistent with other laws and regulations in Indonesia. Shari'ah legislation also does not meet the elements of law enforcement, the Juridical doctrine, doctrine Sociological, Philosophical doctrine. Thus establishing Syari'ah local regulation and its application in the community were considered incompatible with the principle ofthe Unitary Republic of Indonesia which based on Pancasila. For that Syari'ah local regulation has been properly canceled. Keywords: Syari'ah local regulation, cancellatio and constitution.