THE POLITICS OF CONSTITUTIONALISM AND ITS IMPLICATION ON SHARIA IMPLEMENTATION : EFFORTS TO EXECUTE AND LEGALIZE ISLAMIC PENAL CODE IN INDONESIA

In the era of reformation in which Indonesia entering the era of democracy, Indonesian people who more than three decade under oppression of New Order authoritarian regime likely find momentum to voice and express all ideas and notions that had been kept for a long time. One of them is the wishes of part of Muslims to implement Islamic law in Indonesia which according to them is not completely implemented yet/kaffah. Although Islamic law has long been practiced in Indonesia , for some of Muslims it is not completed yet, because what is related to criminal law, particularly its sanction like rajam (stoning to death) and cutting hand not yet accommodated in criminal law system in Indonesia. Since the era of reformation, at least there are three accidents that described the effort to impose rajam sanction and legalized it. Despite controversial, rajam ever implemented in Ambon. Effort to legalize this penalty and others that occurred in Fiqh Jinayah , later conducted by Suryani, the citizen of Banten province , through his request to Constitutional Court. Suryani demanded Constitutional Court to accept his plea to increase Islamic Court Jurisdiction, so it has an authority to proceed and ruled cases related to Islamic criminal law or Fiqh Jinayat. Suryani’ request was refused by Constitutional Court