Resepsi Hukum Barat: Dualisme Hukum di Indonesia

Abstract

This study aims to analyze the influence of colonialism and the reception of Western law on legal development in the Islamic world, particularly regarding the emergence of legal dualism and efforts to reform Islamic law. This study employed a normative legal research method with a qualitative approach through literature review. Data were obtained from primary, secondary, and tertiary legal materials related to colonialism, Islamic law, and the Western legal system. Data analysis was conducted using a descriptive-analytical approach, examining the relationship between Islamic law and Western law and its impact on legal systems in Muslim countries.The results indicate that the reception of Western law was carried out through colonial policies that placed Western law as the primary law, while limiting its application to certain areas, such as family law and inheritance. This situation gave rise to a legal dualism that continues to influence legal systems in various Muslim countries today. In addition to marginalizing Islamic law and changing legal institutions, colonialism also had positive impacts in the form of legal system modernization, such as legal codification and a more organized judicial administration. Furthermore, the influence of colonialism spurred the emergence of Islamic legal reform movements through ijtihad and efforts to integrate Islamic law into national legal systems. Thus, legal developments in the Islamic world are the result of the interaction between Islamic legal traditions and Western legal influences, which continue to develop into the contemporary era.