LEGAL POLICY OF FORMALIZATION OF ISLAMIC SHARIA IN LEGAL POLICY OF FORMALIZATION OF ISLAMIC SHARIA IN INDONESIA

There are always some Indonesians that discourse and fight for the idea of Islamic state and formalization of sharia. Their effort through constitutional channels gains some success, like 1974 Marriage Act, 1989 Religious Courts Act, and Compilation of Islamic Law (KHI). Sharia formalization is strongly influenced by political interests of the rulers which are inseparable from the socio-political context of its application. This article discusses on how the change of political circumstance has influenced the formalization of sharia in various eras of Indonesia’s government and political factors that influence the dynamic of the formalization of sharia. By using socio-legal research, this study reveals that the formalization of sharia in Indonesia experienced ups and downs according to the relation between state and religion applied by each regime. The formalization is more influenced by the relationship between Islam and the state. When Islamic camp got formalist in character, the formalization was difficult. but if a cultural character was used, formalization became easier. Furthermore, the formalization of sharia by the rulers at least has political, administrative, and contextualization interests.

values extracted from Indonesian's own philosophy that at some level can become a "meeting point" (kalimat sawa') between various groups in the country. 2 In the rule of law (rechtstaat) based on the Pancasila, a Muslim Indonesian practices some of the laws of their religious teaching and must follow the "state law" adopted from the West as well. Of course, it can be simplistically assumed that throughout its history, the struggle to uphold Islamic law in Indonesia has always experienced periods of tension and bargaining of power which were quite tiring, between the fellow citizens and the politicians. In this context, the state's legal policies play an important role -sometimes even hegemonic -in determining the implementation of Islamic law. 3 After Indonesia's independence, the discourse of establishing an Islamic state and formalization of Islamic law has become an always-on issue. From time to time, there are always some Muslims who discourse and fight for such ideas. These political Muslim groups 4 inevitably face opposition of the state and other parties at times. Muslim efforts to gain such ideals have been pursued through various means, such as legislation to generate national or local laws, or even rebellion and the use of violence. In other words, the efforts have been made, both constitutionally and unconstitutionally. 5  As mentioned above, the implementation of sharia is very dependent on the legal politics of the authorities in determining the characteristics and style of laws. Legal policy is a statement of the will of ruler regarding the law in force and the direction of legal development to be built. In other words, legal politic is a policy towards the law that will or has been implemented nationally by the government. 7 Efforts to scrutinize the construction of a country's legal politics are not enough by just examining what is written in official texts but must involve other factors outside the law. The formation of law is not autonomous, meaning that the law must be influenced by the maker's political vision, the culture of the community as well as economic, political, socio-cultural, religious, and other interests. In other words, the law is not born in a vacuum. 8 The existence of law in the midst of society, therefore, is no value-free, no interest-free, no power-free. The law is always fulfilled with certain values according to the will of the makers. Even generically, the meaning of law itself is the accumulation and formulation of values. 9 What about Islamic law? Does the conception of legal politic above-mentioned suit it? Islamic sharia is substantively an integral dimension of Islamic teachings. As religious teaching, sharia come from Allah and directly grows from the Qur'an and Sunnah (prophetic traditions). Thus, sharia is not a political product. However, throughout Muslim history, it was not uncommon to find it, as an effort to implement and enforce Islamic law in a particular political area, that the existence of Islamic law required legitimacy of political power, even had been conducted with certain political activities, such as legislation. Therefore, although normatively there is no necessity for the implementation of sharia through political decision or legalization of the authority, sharia, within certain limits, can be said a political product too. Even its legitimacy from the ruler may become a necessity because of large benefits for its legal certainty. 10 Various laws and regulations containing sharia that have emerged in Indonesia, therefore, are products of agreement or compromise among various political forces within particular socio-political context at the time of the formulation. From this perspective, it is interesting to discuss what legal politics behind such laws and regulations. The sultanate system at the time certainly placed sovereignty in the hands of the royal family. Thus, the governments were not democratic. The royal family determined whether or not people's lives were prosperous. The family also determined the types of rules that were applied. As a consequence of a religious state, sharia was implemented, including matters of muamalah (social laws), ahwal asy-Syakhsiyyah (family laws), court, and worship. Islamic law became an independent legal system used in the sultanates. 12 Various Islamic courts emerged in several places, like the Serambi Courts in Java, In its legal policies, specifically those related to sharia, the government sought a proper formula. The aim was to protect its colonial interests and smooth the westernization of Indonesian law. Within this framework, the Netherlands used several legal politics, such as receptie in complexu and receptie legal politics. 19 They recognized the existence of religious court (Priesterraden) of Java and Madura in 1882 but revoked the court's power in handling inheritance cases in April 1937. The reason was that Javanese traditional law had not yet received (receptie) Islamic inheritance law.
The late period of the Dutch regime in the early twentieth century saw popular movements demanding Indonesian independence. For the first time, differences of opinion emerged among the movement's leaders regarding the position of religion in the future Indonesian state. According to Harry J. Benda, there were three influential groups. First, aristocratic groups, such as priayi in Java, uleebalang in Aceh, and customary leaders in other areas. They used to be the foundation of the Dutch government's bureaucracy for decades even centuries. 20 They maintained the status quo so that they tended not to support independence campaigns. Second, the secular nationalist group, which began to build various organizations to oppose the rule of Dutch. Third, political Islam leaders or Muslim nationalists. They aspired to establish a state based on Islam.
Since 1930s, secular nationalists gained a strong position with the support of western-educated intellectuals who had just returned from their studies in the Netherlands and formed several nationalist parties. The nationalists succeeded the Islamists in directing the movement towards independence. The most serious implication of this development was the ideological conflict between political Muslims and secular nationalists about the relation between religion and state in future Indonesia. 21

c. Sharia during the Occupation of the Japanese Army
Once Japanese military forces entered the archipelago during the second world war, the conflict between the Islamists and the secular nationalists stopped completely. Political parties from the Dutch era were not allowed to live anymore. Instead, associational groups were made by the Japanese with the main objective to mobilize people to support Japan in the war, such as the Three-A Movement. 22 The Japanese Military Government was authoritarian and cruel. Political groups that were considered sympathetic to the Dutch government were suppressed in various ways.
Previous political parties were weakened. The military was superior and controlled civil bureaucrats. The allowed political parties were those that agreed with the new regime's policies. Thus, the political configuration during the Japanese occupation was the same as Dutch's, namely configuration with full of control and restraint of the authoritarian governments. 23 However, the arrival of Japan made Islamic groups achieved several benefits. Unlike the Dutch, the Japanese aligned themselves with Islamic leaders to gain support for winning World War II. Moreover, they appeared to be more willing to make concessions to the Islamist's demands, rather than to secular groups, or aristocratic groups (priayi).
The concessions included (1)  In the period of guided democracy, the political power of Islam was clearly under the hegemony of Sukarno who presented himself as an authoritarian ruler. Along with Sukarno's authoritarian leadership, two other forces supported his power, namely the Army and the Indonesian Communist Party (PKI). This period was marked by a tug-ofwar between the three political forces: President Sukarno, the Army, and the PKI. 33

3) Formalization of Islamic Sharia in the Old Order Era
The struggle's spirit of the Islamists did not recede after "political defeat" in fighting for the Jakarta Charter because their efforts were finally paid off with the government's acceptance of establishing the ministry of religion. 34  Muntoha has classified the sharia-based local laws or regulations into four categories as follows: 1. The ones related to morality issues in general, such as anti-prostitution, antiadultery, whose generic term is called anti-immorality laws; 2. The ones related to clothing fashion, such as the need to wear a headscarf and other types of clothing in certain places; 3. The ones related to religious skills, such as the requirement of ability to read and write the Qur'an, the necessity to study in Madrasah Diniyyah Awwaliyyah (elementary Islamic School) as some pre-requisites for certain activities. For example, Qur'anic literacy is one of the prerequisites to get marriage, promotion of civil servants, and even to get public services. Madrasah Diniyyah certificates are also used as a requirement to pursue higher education; 4. The ones related to the collection of social funds through zakat, infaq, and alms. 43 A local regulation containing sharia does not matter if it has passed through the legislation process taken by the regional government and the DPRD (local parliament).
However, Muntoha's findings show that much of the materials regulated by these local regulations overlap with the national laws and regulations. Therefore, further reviews over 42 Ibid., 108-109. 43  At the end of the story, President Soeharto began to feel that the Army (ABRI) was getting bored to provide support to him. The military, according to Vatikotis, had begun to want a change in national leadership. This was a result of the dissatisfaction that had arisen in the military, especially regarding the aspect of cronyism which was built by a small circle around the palace. Feeling that his main supporters had begun to feel uncomfortable with his leadership, Suharto began to glance at the power of Islam. 44 Ibid., 282-365. 45 Azra,Op. Cit.,[75][76][77] Bahtiar Effendy,Op. Cit.,[125][126] Finally, a meeting had taken place between two interests which were previously often in conflict. 47 The meeting of the two parties resulted in the political attitude of the regime who was responsive and accommodative to Muslim interests. Besides, the acceptance of the Pancasila as the only principle by Muslim organizations further paved the way for Suharto to convince the opponents of Islamic power that the Islamic group was no longer a threat. 48 The result of this development was the accommodation of Muslim interests by formalization of some aspects of sharia.
In the late period of New Order and in the Reform era, along with the rise of cultural Islamic communities that did not fight for an Islamic state, the formalization of sharia was surprisingly massive conducted by the government. It must be kept in mind that the strengthening of sharia was due to a shift in the political strategy of Muslims.
Muslims are no longer exclusive by grouping themselves in Islamic parties. Their political goals have favored substantive Islam, no longer symbolic Islam. Islamic activists have placed themselves in an inclusive circumstance. 49 It makes them no longer considered as a threat to the principle of diversity and unity. Furthermore, it smooths sharia to be formalized. This is an ideal that is ironically difficult to be achieved by political Islamic groups before.  gubernatorial election and the 2019 presidential election. 51 This contestation was marked by continuously-held protests by Islamists over the blasphemy case allegedly committed by Governor Ahok, a Christian and of Chinese descent. 52 The two major demonstrations with the label of 'Action for Defending Islam' which became known as the 411 Action and 212 Action have become world concern. 53 Many people call these actions, which are claimed to have been attended by millions of white-dressed Muslims, as "people power movements" or "populist Islamic movements." 54 Questions about the status of non-Muslims to become political leaders such as governors, regents, mayors, lurahs or village leaders, or the like have attracted the attention of Indonesian society and become a sensitive issue regarding Muslim-non-Muslim relations at the moment.

E. Conclusion
From the discussions, the author made the following conclusions related to the questions of the article.
Firstly, the formalization of sharia in Indonesia experiences ups and downs according to the relation between the state and religion applied by each government. The Islamic kingdoms could certainly be free to implement sharia while the Dutch and the Japanese governments who were not Muslim had limited sharia according to the interests of colonialism. The government of Republic of Indonesia which is based on Pancasila has formalized sharia with various dynamics. The formalization was quite massive in the late New Order and the Reform era along with the rise of cultural Islamic communities.
Secondly, the formalization of sharia by the state is more influenced by the relationship between the state and Islam. This is related to struggle characters of Islamic camp and the interests of the rulers. In terms of the character of Islamic struggle, when Islam tends to be of a formal character, which is fought by political Islamic groups, formalization is difficult because the institutionalization of Islamic interests will be considered a stepping stone to form an Islamic state. This will deny Indonesia's 51 The 2017 Jakarta Governor Election was actually one of the many regional elections held simultaneously in Indonesia. Jakarta's position as the nation's capital and the re-nomination of Ahok, a Christian and Chinese, have made it feel like a presidential election. 52 The blasphemy case allegedly commited by Governor Ahok was caused by his controversial statement during his working visit in the Administrative Region of the Thousand Islands, Jakarta on September 27, 2016. At that time, he alluded to some Muslims who would not vote for him in the election because they had been deceived with verse of the Koran: Almaidah 51. 53 The 411  fundamental identities, namely diversity and national unity. The Islamic state is feared that it will oppress non-Muslim citizens. Conversely, if Islam tends to be cultural, which pays more attention to substance than the form of state so that it does not question Pancasila and diversity, the formalization will be easier and more massive, especially in the late period of the New Order and in the Reform era. This is because cultural Islam is not considered a threat to Pancasila state which equates the status of all the nation's children.
Moreover, in terms of the interests of the government, the formalization of Sharia has at least objectives: politics, administration, and contextualization of sharia.
As suggestions, there are some points to be considered. First, given the Indonesian plurality, the revitalization of cultural Islam needs to be done. Islam should take part in the development of socio-political systems following the Islamic political values, such as justice, deliberation, egalitarianism, and participation. Islamic aspirations should not emphasize or sacred Islamic symbols or institutions that are actually worldly (profane).
These values are certainly more acceptable to all citizens, and in accordance with the Islamic vision, rahmat lil-'alamin (mercy for the whole universes). Second, it is necessary to hold a "negotiated settlement" among the country's religio-political elites regarding how the state and religion must relate appropriately. Considering that Indonesia is not a secular state and guarantees the implementation of religion, the extent to which the state takes care of religious matters must be clear. Without a model or formula that is accepted nationally, the process of mutual influence of the state and religion can take place almost indefinitely.
If that happens, tensions will emerge, because Indonesia is a country with very diverse socio-religious units.