Integrasi Norma Syariah dalam Negara Pancasila: Analisis Batas Konstitusional dan Model Legislasi Ideal

Abstract

This study analyzes the integration of sharia norms into Indonesia's national legal system within the framework of the Pancasila state. Using a normative legal approach, it is found that Pancasila, as the Dār al-‘Ahd wa al-Syahādah (the Principles of the Prophet Muhammad) and Article 29 of the 1945 Constitution, provide philosophical and constitutional legitimacy for the inclusion of sharia values ​​into positive law. However, this integration is limited by the principles of constitutional supremacy, human rights, pluralism, and democracy. The Constitutional Court plays a crucial role in testing its constitutionality. Therefore, the ideal legislative model is inclusive, participatory, and substantive to create just and harmonious laws in a pluralistic society.