DIFFERENCES 1.

CONDITIONS

ISLAMIC LAW KNOWN TO INDONESIAN AFTER ISLAMIC RELIGION HAD BEEN SPREAD TO OUR STATE.

CUSTOMARY LAW UNKNOWN ; NOT CLEARLY STATED WHEN IT IS USED , BUT ITS THE OLDEST LAW COMPARED THE OTHER TWO . UNWRITTEN, BUT THERE WAS AN EFFORT TO BECOME A REGULATION TO BRING THE SAFETY, PEACE AND WELFARE TO THE SOCIETY INTRODUCTION SOURCE: BASED ON PROF. BETRAND TER HAAR, IT COMES FROM THE DECISION FROM THE LEADER OF THE COMMUNITY CONCERNED, BUT BASED ON PROF. KOES NOE, IT COMES FROM HABITS OF THE COMMUNITY WHICH IS IMPLEMENTED IN REAL ACTION. CONTENT SOURCE: THE REALAZATION OF LAW IN THE COMMUNITY. BINDING SOURCE: SHAME FEELING THAT CAME FROM THE FUNCTION OF NORMS IN SOCIETY (REALAZATION OF THE PEOPLE).

WESTERN LAW BEING INTRODUCED IN INDONESIA TOGETHER WITH THE ARRIVAL OF DUTCH TRADERS .

2. FORMS

UNWRITTEN

WRITTEN

3. PURPOSES

4. SOURCES

TO DO ALLAHS COMMAND AND AWAY FROM HIS PROHIBITION OR BAN INTRODUCTION SOURCE: BASED ON SHARIAH, IT CAME FROM ALQURAN AND HADDITS, BUT BASED ON FIQHS IT CAME FROM THE BOOK OF FIQH (BASICALLY IT ALL CAME FROM ALLAH AS MAIN SOURCE OF THE BOTH BOOKS.) CONTENT SOURCE: ALLAHS WANT AND ALLAHS WILL WHICH IS REVELATION THAT WAS WRITTEN IN ALQURAN AND SUNNAH FROM PROPHET MUHAMMAD, NOW WRITTEN IN HADIS, AND IT ALSO CAME FROM FIQH WHICH BASED ON THE IMPLEMENTATION OF QUALIFIED (HAVE IJTIHAD,IJMA, QIYAS,

LEGAL CERTAINTY AND JUSTICE

INTRODUCTION SOURCE: ALL THE LAW AND REGULATION IN THE COLONIAL ERA WHICH WRITTEN IN THE STAATSBLAD OR STATE GAZETTE (WRITTEN DOCUMENT). CONTENT SOURCE: THE WANTS OF DUTCH LAWS CREATOR IN THE PAST. CAN BE LEARNT BY PAYING ATTENTION TO THE WRITTEN SOURCE IN DUTCH LANGUAGE. BINDING SOURCE: THE AUTHORITY POWER OF THE STATE THAT CREATES THE LAW THAT CAME FROM THE TRANSITION CONSTITUTION THAT CONTINUOUSLY

ETC AS METHOD OF LAW) PERSONS MIND BINDING SOURCE: FAITH AND HIERARCHY OF PIETY OF MUSLIM. AL-QURAN, HADIST, NAN SABANA ADAT, IJTIHAD, IJMA ADAT PUSAKA

USED AS THE TOOL BY THE AUTHORITY OF INDONESIA UNTIL NOW.

5. STRUCTURES

6. SCOPE OF PROBLEMS

HAMLUMMINANNAS, HABLUMMINALLAH

7. AREAS

WORSHIP AND MUAMALAH

8. RIGHTS AND RESPONSIBILITIES 9. NORMS / PANDECT

OBLIGATION FIRST (1) FARD (OBLIGATION), (2) SUNNAT (SUGESTION), (3) JAIZ OR MUBAH OR IBAHAH (ALLOWED), (4) MAKRUH (REPROACH), (5) HARAM (PROHIBITION)

GOVERN RELATION BETWEEN HUMAN AND HUMAN, AND ALSO THE RULER IN THE SOCIETY KNOWN ABOUT PRINCIPLE OF HARMONY, APPROPRIATENESS, HARMONY IN SOCIETY AND RELIGIOUS MAGIC, NOT KNOWING ABOUT CIVIL AND PUBLIC LAW; CANNOT BE SEPARATED FROM THE SOCIETY RIGHT FIRST MORALITY, LAW, AND RELIGION

(1) BOOK OF LAWS MADE BY THE LEGISLATURE, (2) JUDGE DECISION, (3) AMALAH DECISION GOVERN RELATION BETWEEN HUMAN AND HUMAN, AND ALSO THE RULER IN THE SOCIETY SOMETHING REGULATED ABOUT INDIVIDUALISM AND LIBERALISM, SEPARATED FROM THE REGULATION RELIGION FOR INSTANCE (ART 26 BW); PRIVATE AND PUBLIC LAW

RIGHT FIRST (1) IMPERE (COMMAND), (2) PROHIBERE (PROHIBITION), (3) PERMITTERE (PERMITION)