ACTUALISATION OF ISLAMIC SYARIAH VALUES UNDER THE LAW AS A TOOL OF MODERNIZATION OF INDONESIAN LAW

This research is purposed to analysis the actualization of Islamic values whether under the principles of regulation in Indonesia, or under the substances of law making treaty. This research also intent to analysis the correlation of actualization of Islamic Syariah values under the law of social and humanity in Indonesia so order to obtain a juridical description, theoretic and philosophy and the correlation of Islamic syariah values in order to created the modernization or Indonesian Law reform. This research is legal normative with descriptive-analysis by using the technical analysis in qualitative to the primer of law material and secondary law material. This research would describe the Islamic syariah values under the law that related to the modernization of Law in Indonesia by using the law, theological, concept and compararizon. The result of this research has shown that the correlation of Islamic syariah values actualization under the modernization of national Law in different field of law, specifically under the criminal law in Indonesia, the actualization of Islamic values have been carry on by two approach like trough the principles of material that contain the law which have function to validity or examined the existence of the regulation which have against with the Islamic Syariah value and actualization trough the substances of law that have function as instrument of restriction in Human Rights and education field, also as reform in Law, like the law reform in Indonesia that connection to alcohol. However, the implementation of Islamic Syariah values under the principle and substances of Law specifically in social and humanity field seemed just formality which have un clear, overlap and distortion.