POLITICAL PARTIES AND ISLAMIC LAW POSITIVIZATION IN CONTEMPORARY INDONESIAN GOVERNANCE

Purpose of the study: This research aims to analyze the existence of Islamic law formalized into Indonesian law in the Reformation Era from 1999 to 2019 and explore whether it is legally stronger or weaker. Also tries to explore what Islamic law fields are formalized into Indonesian national law. Methodology: This research is qualitative research that is doctrinal law research with juridical analysis methods. The main source of research data is the law established between 1999-2019. Data is described systematically and objectively, then analyzed using content analysis techniques. Main Findings: During the Reformation Era 1999-2019, 17 Indonesian national laws contained formal Islamic law. The legal position of Islamic law became stronger in several fields, namely hajj (pilgrimage) and umrah management, management of zakat, implementation of special privileges Aceh Province, endowments (waqf) management, religious courts, state sharia securities, Islamic banking, halal product guarantee, marriage law and the existence of pesantren (Islamic boarding school). Applications of this study: This study is useful as a model example of a relationship between religion and state. Islamic law can be transformed into state law without changing the state principles. This research also provides a solution to Muslims (they are the majority in Indonesia) that Islamic law can be constituted as national law constitutionally and tolerant of other religious communities. Novelty/Originality of this study: The object of research is positivization in contemporary Indonesian governance that has been enacted between 1999-2019. In terms of time, this is very representative and updated.


INTRODUCTION
Indonesia is a state of the law as stated constitutionally in the 1945 Constitution of The Indonesian Republic. The use of the term "rule of law" is a difference between after and before the amendment. Before The 1945 Constitution amendment, it was stated that "Indonesia was a country based on a rule of law", whereas after the amendment it was stated that "The State of Indonesia was a law state Indonesia as a rule of law state has independent characteristics that can be seen in an application the rule of law concept (Muntoha, 2009). The concept of state adopted by Indonesia is adjusted to Pancasila as a basis. The concept of Pancasila legal state means a legal system established based on the principles, rules, or norms contained in Pancasila as the basis of social life (Zaki, 2015).
The development of Islamic law has become an interesting to study because it has a different socio-political context in every period. On the social level, the tap of freedom opens widely. Political maps are not limited, but began to open freely, so born many political parties, including the number of Islamic political parties (Hicks, 2012). The channels of ideas and interests more freely look for shapes. This condition becomes a passion-generating supplement to build the shape of Indonesia's better future (Rosada, 2018).
The legal development and national political law in the Reform Era have a different face to the previous era. That difference is caused by dynamics of the legal national development thinking and the study of Islamic law occur in still experiencing dichotomy, so Islamic law and national law are always considered to be opposing (Azizy, 2003).
In this regard, the concept of developing Islamic law that quantitatively influences the socio-cultural, political, and legal order in society and then changes its direction, which is qualitatively accommodated in various sets of rules and legislation legalized by government and state institutions. Concretization from this view is referred to the transformation of Islamic law into legislation form (Anwar, 2018). The reform movement in Indonesia after the collapse of the New Order regime contained two dynamic dimensions. First, there is an attempt to change the Old Order which is authoritarian, corrupt, and does not favor the people. Second, there is an effort to create a new order that is more democratic, efficient, and pro-people (Riddell, 2002).
Dialectics of Islamic law in the law political of Reformation Era is an effort to develop law for the realization of national law under national interests, with the preparation of legal material as a whole sourced from the Pancasila and the 1945 Constitution with the spirit of Islam. Therefore, the preparation of the National Legislation Program is an effort to change the legislation that originates from the Pancasila and the 1945 Constitution and is a smart effort in realizing the law imbued with national and religious values of the Indonesian nation. This argument emphasizes the value of Islamic law as the majority value in Indonesia based on the legal politics of the Reformation Era. The value of Islamic law also has a great opportunity in the context of the development of Pancasila democracy through scientific academic approaches (Lukito, 2012).
In the context of Indonesian law development, demands to revise and replace various laws and regulations originating from the Dutch colonial such as the Criminal Code and the Civil Code which are already incompatible with the identity of the Indonesian people, renewal of these provisions is a historical necessity and a constitutional imperative that is nonnegotiable (Umar, 2014).
The enactment of Islamic law as formal law has caused widespread public debate (Purkon, 2018). Many questions regarding the formalization of Islamic law both in terms of effectiveness and its application in the frame of the Indonesian nation-state. Moreover, there are fears of discrimination in the implementation of religious law in The Indonesian state. This is politically considered to be able to open the arena of constellation between religions on the one hand and between religions and countries on the other. This concern is not strong enough because religious tolerance in Indonesia is very good (Ghazali & Hasanah, 2020) (Muniroh et al., 2020). This article will examine the transformation of Islamic law into Indonesian national law in the Reform Era. This study is important because it is a significant part of the history of the Islamic law journey in Indonesia. The debate about the relationship between state and religion is a discussion that has always been carried out throughout the ages. One such problem is about the transformation of laws based on certain religions in non-Islamic state legislation.

LITERATURE REVIEW
In legal reform, Ismail Sunny described legal politics as a process of accepting Islamic law. It is divided into two periods. First, the persuasive source period which every Muslim is believed wants to accept the enactment of Islamic law. Second, the period of authority source in which every Muslim believes that Islamic law has a power that must be implemented. Islamic law can be applied legally-formally if it is codified in national legislation (Sunny, 1997). Mahfud explained that to birth laws that are responsive and trigger the rule of law creation, a democratic political system is needed, not an orthodox legal system so that it is expected to create responsive or progressive legal products and enforcement (MD, 2010).
In addition to the theory of legislation, there is a theory that is relatively similar to the theory of legislation, namely the theory of legisprudence criticism. The theory places the state and society in a political dynamic that is not clashing, compromising, and sharing a role in the legal process. Edward L. Rubin, when analyzing the legislation process in establishing the "Truth in Lending Act" in the United States, using pluralism and/or community choice theory. The theory states the bargaining of the relative strength of the group with an interest in a group of legislators who have a great voice in parliament. In essence, the theory criticizes the interpretation and legal process of establishing law through state institutions and legitimates it as the only political process of legislation (Wintgens, 2002). According to Nurrohman Syarif, Tajul Arifin, and Sofian Al-Hakim, Indonesia can be a model for the application of Islamic law. Indonesia is considered successful in positioning the relationship between religion and the state in harmony (Syarif et al., 2018).
Ahmad Gunaryo explains that the long history of the political struggle of Islamic law has proved the existence of Islamic law in the archipelago that can not be separated from a cultural understanding. According to him, the adjustment of Islamic law with a variety of cultures can be explained, among others, by building a legal reconciliation that is accommodative to the dynamics of Islamic law so that through the reconciliation of Islamic law with national law can form a real national law (Ahmad, 2006). The idea of transforming Islamic law can be seen in terms of state science. For a country that adheres to the theory of popular sovereignty, the people will be the highest political policy. Likewise, a state based on God's sovereignty, the sovereignty of the state/power, and a state based on law, is very dependent on the political style of the legal power of the state itself (Soehino, 2012).
Viewed from a national perspective, the national legal system must be oriented to the aspirations and interests of the Indonesian people. This national insight is not a closed national insight, but open attention to the interests of future generations and able to absorb the values of modern law (Ali, 1994). A national law that will be realized must pay attention to differences in socio-cultural backgrounds and differences in the legal needs of certain groups in society. Therefore, besides nationalism insight, national law development must pay attention to the specific legal needs of certain groups of people as an embodiment of the unity in diversity (Ali, 2003).
In the perspective of laws and regulations formation, a legal system consists of sub-systems, namely law-making institutions, implementing institutions, and parties that will be affected or the destination of these regulations (rule occupants) (Arinanto, 2003). In legislation in which there are conflicting values and interests, Schuyt points out that there are two possible legal positions, namely as a means to dilute conflict, and as actions that reinforce further conflicts. This description shows that in a society that is not based on an agreement of values, the formation of law is always a kind of deposition of existing conflicts in society. Conflicting values and interests in society will tend to encourage the formation of law by making a compromise between these contradictions (Seidman, 1971). M. Atho Mudzhar explains that the different perspective in the field of Islamic legal thought is divided into four types, namely the ulama's fatwa, fiqh books, the laws and regulations in Muslim countries and the decisions of religious Courts (Mubarok, 2003). Munawir Sjadzali offers an approach in the application of Islamic law in Indonesia with the term re-actualization of Islamic law (Sembodo, 2005).
Ahmad Qodri Azizy developed the idea of Islamic law with the theory of eclecticism (a system of religion or philosophy) which was formed critically by choosing from various sources and doctrines as an effort to reformulate Indonesian Islamic law. His argument by giving an example of the Compilation of Islamic Law (KHI) regulations as a national legal product which terms of language and substance still creates a variety of interpretation. His orientation can not be separated from the idea of national political struggle with Islamic law by eliminating the dichotomy between the science of national law and the science of Islamic law in Indonesia (Azizy, 2003). The 1945 Constitution of the Republic of Indonesia contains articles that are not only a gateway for the entry of legal norms that quantitatively and qualitatively meet the needs of Indonesian people, but will also be a driving force for the birth of a positive legal system national future (Hartono, 1997).
Muhammad Alim explains that a republic like Indonesia has the potential for legal development according to the Prophet's and his Sahabat time. This potential for the realization of an independent, impartial justice in upholding justice, upholding human rights and obligations, having constitutions (al-Qur'an and Sunnah), and so on, as capital towards institutionalization and positivization of true Islamic law. To achieve this requires an accommodative step toward the value supported by the majority of the community within the framework of Pancasila (Alim, 2010).
According to Otje Salman, a modern legal system must be a good law, it is mean that the law must reflect a sense of justice for the parties involved or regulated by the law. The law must be following the conditions of the community that it governs. The law must be made under specified procedures. Also, a good law must be understood by the parties governed (Salman, 2012). Aswanto explained, theoretically, law that is contrary to the live values in society cannot be considered as modern law. Therefore, religious values as one of the values that live and develop in Indonesian society is one indicator in determining whether a law or regulation can be called a modern law (Jazuni, 2010). Malthuf Siroj, in his study, explained the need for reform of Islamic law in Indonesia with cultural acculturation. According to him, Islamic law needs to be adapted to the sociological conditions of Indonesian society, among others caused by the development and change of politics, economy, culture, science, technology, and so on. The aim is to complement the Religious Courts' pillars, equate perceptions of the application of the law, accelerate the process of unifying the elements of society and eliminate the understanding of personal affairs and classes (Siroj, 2012).
Abdul Ghani Abdullah stated that the enactment of Islamic law in Indonesia had a constitutional place based on three reasons. First, philosophical reasons. The teachings of Islam are the views of life, moral ideals, and legal ideals of the majority of Muslims in Indonesia, and this has an important role in the creation of the fundamental norms of the state (Pancasila). Second, sociological reasons. The historical development of Indonesian Islamic society shows that the legal ideals and legal awareness that embraces Islamic teachings have a continuous level of quality. Third, the juridical reasons contained in articles 24, 25, and 29 of the 1945 Constitution provide a place for the validity of formal legal juridical Islamic law (Abdullah, 1994).
The thesis written by Achmad Gunaryopada in the Diponegoro University Law Science Program mentioned the implementation of Islamic law in Indonesia. One of the main points of the study is to describe the process of institutional reconciliation between the Religious Courts and Islamic Law on the one hand and the Secular Law Court on the other. The study of Islamic law is more directed to the institutionalization of Islamic law through court institutions or the like. Studies related to the problematic efforts of the implementation of Islamic law have not been seen comprehensively in this thesis (Ahmad, 2006).
The thesis written by Afdol in the Diponegoro University Law Doctoral Program examines the positive legal basis for the enforcement of Islamic law and the implementation of Islamic law in Indonesia, especially in the field of Islamic heritage. The discussion is more about normative Islamic law from the aspect of the classic fiqh inheritance combined with contemporary fiqh in the Indonesian context (Afdol, 2003). Ahmad Syafi'i Maarif explains that the development of Dutch colonization which succeeded in taking over all the power of the Islamic empire in Indonesia has resulted in little by Islamic law is cut off, until finally the left -besides worship-only part of family law (marriage, divorce, reconciliation, inheritance) with the Religious Courts as executors. So the reorientation is required according to the legal plurality in Indonesia. According to him, it is needed a strategic step by building a legal culture that is in line with the growing legal plurality in Indonesia (Maarif, 2009).
The Book "Jejak-Jejak Hukum Islam Dalam Sistem Ketatanegaraan Indonesia" written by Ismail Suny, is an anthology containing Islamic law in national law and Islamic law in Indonesian state administration. The study of this book explores Islamic law from the state law perspective. Islamic law has an important role in realizing the national law under the values that live in a society (Sunny, 2005). Ratno Lukito explains that Islamic law in Indonesia has come to the issue of positivism which is understood as an effort to make the values of Islamic teachings in harmony with various other values that developed in Indonesia integrally integrate as part of the development of the national legal system through transformation plurality of values into national law without sacrificing any particular law or value. According to him, the effort needs to unify the perception between sacred law and secular law (Lukito, 2012).

Types of Research
The research conducted was a qualitative study using the doctrinal law research method. Doctrinal law research makes abstract legal norms a measure of truth in legal studies. The objects and references referred to in doctrinal research are the rules of norms, concepts, and doctrines that develop in legal thinking. The reasoning method used in this doctrinal research is deductive syllogism reasoning. The normative legal approach is used because the object of study is legal material.

Object of Research
The object of this research is the Laws established by the Indonesian House of Representatives from 1999 to 2019.

Data Retrieval Method
The data collection method in this research is an analysis document. The analysis was carried out on the legislation established during the Reform Era between 1999-2019.

Data Analysis Method
At the stage of data analysis, simplification of data is collected in a form that is easier to read and understand. Stages of data analysis conducted in this study are: first, data collection. At this stage, the data that have been collected from the results of observations, namely to convert it into a form of writing that is easily understood. After that, the collected data is selected according to the focus of this research. Second, data reduction. Reducing data means summarizing, choosing the things that matter, focusing on the things that the object of research, looking for themes and patterns, and remove things that are not related to the theme of research. Third, presentation of data. The data has been summarized and interpreted and explained. Presentation of data that has been interpreted and explained in the form of narrative descriptions. And Fourth is to make conclusions from the data analysis that has been done.

FINDINGS
During the Reformation Era from 1999 to 2019, 639 laws were passed by the Indonesian House of Representatives. Among these are laws that are textually charged with Islamic law. For more details on the number of laws that have been passed, see table 1 below: The material of the law containing textual Islamic law which was legalized in the period 1999 to 2019 can be seen in the following table 2:

RESULT AND DISCUSSION
Religion is believed to have belief values that are dynamic and can be applied following the context surrounds it (Hsiung & Djupe, 2019). The practice of religion will occur from the existence of social and political beliefs (Clifford & Gaskins, 2016). The Indonesian Reformation Era that began in 1999 reopened the door to democratization. One of the forms of democratization is the existence of religiously oriented demands (Liddle & Mujani, 2007). At that time many parties were born based on Islam or the Muslim community (Assyaukanie, 2004). One aspiration that develops in Muslim societies is the demand for the application of Islamic law in legislation (Nawawie, 2013).
During the Reformation Era in 1999-2019, 17 laws were passed containing textual Islamic law ( Table 1) "The implementation of the pilgrimage aims to provide guidance, service, and protection as well as possible through a good management system and implementation so that the implementation of the pilgrimage can run safely, orderly, smoothly, and comfortably by the guidance of religion and worshipers hajj can perform worship independently so that hajj success is obtained. This is what is intended in the Act in terms of the implementation of the Hajj, namely providing guidance, service, and the best protection through the system and management of good management (Darmadi, 2013).
With various considerations, Law Number 17of 1999 was revised with Law Number 13 of 2008 which emphasized that the Government in this case the Ministry of Religion was still the operator of the Indonesian pilgrimage. This is stated clearly in Article 10 paragraph (1) which reads "The Government as the organizer of the Hajj is obliged to manage and implement the Hajj Implementation". Although the pilgrimage system has been amended and improved many times, dissatisfaction continues until today. The right formula and fulfilling the main principles of good Hajj implementation, which is safe, comfortable, and perfectly sharia are still in search. This pilgrimage problem does not only cover religious issues, but also economics and politics (Ichwan, 2008).

Zakat Management
The paradigm of zakat management in Indonesia has changed with the existence of a legal basis for developing and inspiring top-down administrative efforts in the country's zakat system. The purpose of this is to find a new external perspective on the role of zakat in achieving sustainable development in Indonesia. Zakat is an effective tool in promoting social welfare through philanthropy, empowerment, and community development in Indonesian Muslim communities. In other words, the institutional approach to zakat helps to find new areas of intervention and, without ignoring the original poverty alleviation program, the zakat approach has found a way to support the development and empowerment of people in Indonesia today (Retsikas, 2014).

Special Autonomy for Aceh Province
The role of the State in the context of implementing Islamic law in Aceh is based on the 1945 Constitution which recognizes and respects special local government units. One of the specialties and features of Aceh is the implementation of Islamic law. In article 1 paragraph 7 of Law Number 44/1999 stated that Islamic law is the guidance of Islamic teachings in all aspects of life. So the Islamic law applied in Aceh is not only in the aspects of belief and worship, but also in the field of economic and criminal law (Fahmi, 2012).
Law Number 11 of 2006 requires several other organic laws and regulations, especially the Aceh Qanun in the context of implementing Islamic law. Qanun functions as operational laws and regulations to carry out the mandate of the Government of Aceh. To make Islamic law positive law, it must go through a legislative process that results in the Aceh Qanun. This qanun will be the material and formal law of Islamic law in Aceh (Feener, 2012) (Kamaruzzaman, 2007).

Wakaf Management
In legal politics,

Religious Court
With the enactment of Law

State Sharia Securities and Sharia Banking
Law Number 19 of 2008 concerning State Sharia Securities (SBSN) was passed on May 7, 2008. The birth of the SBSN Law aims to finance the state budget that is always in deficit, including project funding. The existence of the SBSN Law will provide more varied development financing so that it can absorb more funds from investors extensively. This law has become a legal basis for the Indonesian government to issue state Sukuk to attract funds from investors. Sukuk is seen as a better alternative than borrowing abroad because it contains elements of investment cooperation, risk-sharing, and the involvement of assets (real projects) that also underlie the issuance of Sukuk. This shows the government's support to fund the state budget with Islamic financial instruments, and it is proven that the development of global and retail Sukuk is very rapid after the political will of the government bypassing the law (Hasnita, 2017) (Choiruzzad, 2013).

Halal Product Guarantee
The law of Halal Product Guarantee is one form of protection from the state to Muslim consumers in Indonesia. This is under Article 29 Paragraph (2) of the 1945 Constitution which mandates that the state guarantee the independence of each Indonesian people to embrace their respective religions and to worship according to their religion and beliefs. To guarantee that every religion adheres to worship and practice its religious teachings, the state is obliged to provide protection and guarantee regarding the halal products that are consumed and used by the community, especially Muslim communities (Muslimin, 2019) (Suparto et al., 2016).
The Halal Product Guarantee Law also states that the guarantee of halal products is legal certainty of the halal status of a product as evidenced by a halal certificate. The object of halal certification regulated in this law is not only in the form of food products. This can be seen from the provisions of Article 1 Number 1 which states that certified products include goods and/or services related to food, beverages, medicines, cosmetics, chemical products, biological products, genetic engineering products, and other things used by the community (Ahyar, 2020) (Aziz et al., 2019).

Pesantren (Islamic Boarding School)
Pesantren or Islamic boarding school is a traditional educational institution that was born and grew together with the arrival of Islam to the Java land (Indonesia). Pesantren is the oldest and original educational institution in Indonesian society. Since its arrival, pesantren have been able to emerge as an educational institution that grows and develops on their ability and is not co-opted from the pesantren's external interests (Pohl, 2006) (Ni'am, 2015) (Permani, 2011).
The Law on Pesantren aims to fulfill the development, aspirations, and legal needs of the community on aspects such as recognition of the pesantren independence, recognition of the pesantren variants, and recognition of pesantren education as part of national education. This law also serves as a legal basis for affirming the guarantee of equal quality of graduates, equality of access to education for graduates, and equality in employment opportunities, including recognition of qualifications, competencies, and professionalism of educators and education personnel in pesantren education and the establishment of funding instruments to ensure the availability and adequacy of the budget in developing pesantren. And the important thing from the Pesantren Law is as a legal basis to strengthen the role of pesantren in national development to answer the challenges of the future times.

Nationalist Party and Aspirations of Islamic Law
From the composition of Indonesian House Representatives members in table 3, table 4, table 5, and table 6 it can be read that the sets of Islamic parties or those based on the Muslim community have a smaller seat than purely nationalistbased parties. During the 4 periods, the legislative composition never changed. Nevertheless, the aspiration to transform Islamic law into national law was successfully carried out. This shows, among other things, that the aspirations of Islamic law are not only within Islamic parties but also widespread in nationalist parties.

CONCLUSION
This study concludes that laws containing Islamic law established in the Reformation Era from 1999 to 2019 further strengthen the legal position of Islamic law in several fields. Areas that are becoming stronger legally are hajj (pilgrimage) and umrah management, management of zakat, implementation of special privileges Aceh Province, endowments (waqf) management, religious courts, state sharia securities, Islamic banking, halal product guarantee, marriage law, and the existence of pesantren (Islamic boarding school).