3 It is important to note here that PBB was the party that claimed to be the embodiment of the Masyumi tradition. 1998 when he seemed more preoccupied in Jakarta with his activities as the party's treasurer. In its development, the term 'Gerbang Marhamah' had become such a noble label for the city of Cianjur that immediately expresses the commitment of the entire people to implement the teaching of Shari'ah in their everyday life.
Since the term 'Shari'ah' itself as it is understood by GARIS members, the religious law is what governs the members of the Islamic. The political situation of the regent was therefore very conducive for Hernawan to heal his broken political career in the national arena. It is therefore not without reason that many have recognized GARIS as another type of the well-known Islamic Defense Front (Front Pembela Islam, FPI) that exists in Cianjur.
And he seems to be successful in this motive, even if it has a terrible consequence on the structure of the organization. Hernawan's dominance as the sole founder reflects his role as the supreme leader of the organization with all decision-making rights. 16 It is not clear how Chep Hernawan could arrange the financing of the entire GARIS activities.
Anyone can only attend or get involved in certain activities of the organization to get a full membership.
The Struggle for Legal Islamisation
The main concern here does not seem to be with the theoretical aspects of the law, but with legal application, especially those related to the position of Islamic law. This depends on how we actually define achievement, but a proposition seems clear here that the core of the struggle rests on validating Islamic criminal law in the public arena. Thus, at the top of the pyramid of legal Islamization is the system of Islamic criminal law.
The implementation of Islamic criminal law in people's daily lives is the foundation of the struggle for Islamization. Thus, GARIS, with the help of kyai Dede Abdullah, organized a meeting of those Ulama concerned with the issue of the draft criminal law. Reading the meeting report page by page, you can get a sense of the complexity of the debate on the review of the draft criminal law.
During the two weeks of debate, these ulama debated the contents of the draft so eagerly. For example, they allegedly suggested that the draft penal code to be submitted to the Jakarta People's Assembly should incorporate the teachings of Islamic criminal law as much as possible. 29 This code was essentially a copy of the Dutch Penal Code, which was essentially the old Dutch and Roman criminal law of 1642.
These are the three essential concepts that were introduced in the draft criminal law. The greatness of those ulema could be seen in the process of discussing each topic brought out in the draft. Therefore, we can see that the revision was preceded by careful discussions, debates and counter-responses among those in the meeting to reach the ultimate objective, that is, the penetration of Islamic criminal law ideas into the draft national criminal code.
If one reads the revision of the draft, one should not forget the three classifications of crimes as taught in Islamic penal law, i.e. ╪udūd, qi╣ā╣ and ta'zīr. Those traditional Arabic books were used as material and methodological resources in the process of inserting Islamic penal values into the draft of the national penal law. Regardless of the unsuccessful political support, there has been much talk about the movement to Islamize the criminal justice system in the country in the circle of legal academics and national jurists in the country.
As regulated in the ministerial regulation, the building of the place should be based on the needs of the people in the place in question. The point of the letter was very clear about the ban on the existence of the Ahmadi group in the whole of Cianjur. People in the city had just witnessed the worsening fate of Ahmadiyah as a marginalized Muslim minority group in the midst of the silent majority Sunni Muslim society.
This was demonstrated when GARIS sent many of its members to attend a public hearing in the process of judicial review of Act no.
Concluding Remarks
GARIS here seem to base their struggles on the understanding of the law that is not only limited to those linked to the state, but broader and practical aspects of the law in its relation to people's everyday lives. So, if the other organizations like MMI and KPPSI above focus their interests in the country's formal (state) legislation, either at the national or regional level, GARIS seems to be plunging into the realm of non-formal laws. If you carefully read the paragraphs above, you will see how the idea of legal Islamization is carefully shaped in the field to make it so fluid and sufficient to achieve a purpose.
The Islamization of law here cannot be defined solely from the point of view of the Westphalian view, where law is viewed only from the established institution of the state. The implication is that in order to understand the Islamization of law, one should carefully observe how people in general or the actors of Islamization in particular understand the meaning of law itself. The three examples of GARIS's Islamization programs, as explained above, show very clearly how Islamic law implicates all aspects of life, from matters of belief such as religious conversion, conversion and adherence to a particular madhhab - essentially personal matters, to such a large public matter as the criminal law system operating in the country.
This is what seems to spark a lot of conflict in society as their monolithic approach to understanding Islamic law is sure to invite others to confront. In the name of a particular legal ideology, GARIS may openly set out to violently challenge what they see as wrongdoing due to simple differences in opinion of certain laws or beliefs. Every act of violence, distinction, restriction and also preference shown in the three projects of Islamization of criminal law, anti-Christianization, as well as an anti-Ahmadi group, have fulfilled the criterion of intolerance initiated by the Declaration for the Elimination of All Forms. of Intolerance and Discrimination Based on Religion or Belief.
Those acts were carried out because of certain theological understanding believed to be based on Islamic teachings derived from the holy texts, regardless of the values of human rights and fundamental freedoms believed to be the basis of the democratic society built in the country. As a consequence, acts of intolerance will certainly result in a sense of discord and awkwardness among the people where Islamization projects are undertaken. Furthermore, one may also need to be aware that since the National Law is idealized to include all Indonesian people regardless of religion, skin color, ethnicity, race, etc., Islamization projects such as those made by GARIS may be contrary to the epistemology of law and the legal system built in Indonesia's pluralistic society.
While the national law is presented as a general law encompassing all the specifics that exist in the country, the idea of legal Islamization is triggered by specificism and localism, with favoritism forming the main logic of the struggle. Lau, Martin, “The Re-Islamization of Legal Systems,” in The Ashgate Research Companion to Islamic Law, ed. Platzdasch, Bernhard, Islamism in Indonesia: Politics in the Emerging Democracy, Singapore: ISEAS Institute of Southeast Asian Studies, 2009.
