THE ROLE OF THE CONSTITUTIONAL COURT IN MAINTAINING THE BALANCE BETWEEN POSITIVE LAW AND ISLAMIC LAW PRINCIPLES IN INDONESIA

Abstrak

Indonesia's Constitutional Court (MK) has a crucial role as a mediator in resolving disputes involving Islamic elements, especially in cases that affect the public interest. With the mixed legal system adopted by Indonesia, the Constitutional Court tries to bridge the differences between positive law and Islamic law without compromising the basic principles of the rule of law. Through decisions that are responsive to the cultural values and religiosity of the community, the Constitutional Court is able to recognize the existence of Islamic law within the framework of national law, provide more contextual justice, and strengthen legal legitimacy in the eyes of the public. The research method used in this study is a qualitative approach with document analysis, which includes a review of the Court's decisions and relevant literature. Data was collected from various sources, including 15 recent international journals, books and articles to support the findings and arguments raised. The results show that the Constitutional Court has successfully integrated Islamic law values into decisions that reflect the aspirations of the people, increase public trust in legal institutions, and strengthen the position of Islamic law in the context of national law. Despite facing challenges from various groups seeking greater recognition of Islamic law, MK remains committed to maintaining the neutrality and integrity of the institution. By serving as a forum for dialogue between various parties, MK contributes to the development of laws that are more just and in line with the aspirations of society.