| dc.description.abstract | The implementation of Shari'ah Nanggroe Aceh Darussalam (NAD) has prompted controversy among legal scholars. Even though, the implementation of Shari'ah in NAD has been legally authorized by Dewan Perwakilan Rakyat (Parlement) and President through some legislations, debate on the issue has not finished yet. The issues rooted on whether the implementation of Shari'ah in NAD is contradict to Pancasila and UUD 1945 or not. Another question arises is whether the implementation of Shari'ah in NAD in line with legislation system or not. The research showts that basically the implementation of Shari'ah in NAD is not contradict to the principle lies in the Pancasila as fundamental norm of the state and UUD 1945 as the supreme law. In term of legislation, the DPR and President has enacted some legislation thet legalized it namely NAD Special Territory Act, 2001 (Law No 18 of 2001), NAD Goverment Act, 2006 (Law No. II of 2006). By enacting these legislations, legally, the implementation of Shari'ah in NAD clearly adopted as part of Indonesian legislation system. In this sense, the legislation system implements the principle of "lex specialis deragat legi generali". | en_US |
