PUBLIC PARTICIPATION MODEL IN THE PREPARATION OF SHARIA-BASED ACEH QANUN: SPECIAL FOCUS ON THE ROLE OF THE ULAMA

Abstract

Public participation in preparing legal products in Indonesia is essential for national and regional legislation. Although Indonesia is considered to have “achieved” democracy, many legislations do not agree with the people’s aspirations. This situation eventually led to a judicial review at the Supreme Court. It is expected that legal products in the form of sharia-based Aceh Qanun (regional regulation) can generate legal certainty and justice for society. This research was conducted in Aceh using a legal method based on a prescriptive approach. Results show that public participation in the preparation of sharia-based Qanun is more focused on issues that can give rise to differences of opinions amongst people from multi-religious backgrounds. The views are related to the norms in the bill in terms of fiqh (Islamic jurisprudence), local wisdom, and exploring problems and efforts to overcome them. The Majelis Permusyawaratan Ulama’s (Ulama Consultative Assembly/MPU) role in preparing Aceh Qanuns is limited to providing suggestions for the currently discussed bill. Unfortunately, the Aceh Qanun has not accommodated the rights of MPU to provide recommendations.  MPU’s  proposal for the Aceh Qanun bill  is in the form of suggestions because the ulama’s views do not bind the Aceh Governor and Parliament to enact the bill. The situation happens because the opinions are not in the form of a fatwa (legal pronouncement in Islam) but merely suggestions and recommendations.