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The position of the Indonesian Ulema Council in Indonesian Constitutional Law

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Indonesian Positive Law-

For indonesian people, the Indonesian Ulema Council (MUI) is not a foreign name, especially in matters related to Islamic religious activities or activities in Indonesia. However, the State of the Republic of Indonesia is a legal state that has the 1945 Constitution of the Republic of Indonesia as a constitution.

In this description it is stated regarding:

Introduction

The Indonesian Ulema Council (MUI) is an organization of scholars in Indonesia. The use of the word “ulama” gives us an idea that this organization is based on the religion of Islam.

The Organization of the Indonesian Ulema Council was founded on 17 Rajab 1395 Hijri to coincide with July 26, 1975 AD in Jakarta. To refresh the memory of all of us, through this paper, it is conveyed about the role and duties of the Indonesian Ulema Council.

Indonesian Ulema Council (MUI)

The Role, Duties, and Organizational Structure of the Indonesian Ulema Council (MUI) in this paper are taken from: Majelis Ulama Indonesia – Wikipedia Indonesian, a free encyclopedia.

The role of the Indonesian Ulema Council (MUI)

The Indonesian Ulema Council has the task of assisting the government in doing matters concerning the benefit of Muslims, namely:

  1. Strengthening religion in the way that Pancasila explains to ensure national resilience.
  2. The participation of scholars in national development.
  3. Maintaining harmony between religious groups in Indonesia.

This role was conveyed by the government at the time of the formation of the Indonesian Ulema Council. To carry out this role, then the Indonesian Ulema Council (MUI) formulated its organizational duties.

Duties of the Indonesian Ulema Council (MUI)

The tasks formulated to carry out their roles have been formulated by the Indonesian Ulema Council (MUI) as follows:

  1. As a bodyguard for adherents of the Islamic religion.
  2. As an education provider and guide for adherents of the Islamic religion.
  3. As a netter of better cadres.
  4. As a solution to religious problems in the international world.
  5. As a drafter of the concept of Islamic education.
  6. As a content guard in the mass media.
  7. As an organization that carries out cooperation with religious organizations.

Organizational Structure of the Indonesian Ulema Council (MUI)

As an organization, the Indonesian Ulema Council (MUI) certainly has an organizational structure as stated in its Articles of Association and Bylaws.

The organizational structure of the Indonesian Ulema Council (MUI) is as follows: (Source: MUI Management – Indonesian Ulema Council)

  • Chairman.
    • Vice Chairman (3 people).
  • Chairman (14 people).
  • Secretary-general.
    • Deputy Secretary-General (14 people).
  • General Treasurer.
    • Treasurer (5 people)
  • Advisory Board.
    • Head.
      • Vice Chairman (13 people).
  • Secretary.
    • Deputy Secretary (4 people).
  • Member.

Constitution of the Unitary State of the Republic of Indonesia

The constitution of the Unitary State of the Republic of Indonesia is clearly and unequivocally regulated in the 1945 Constitution of the Republic of Indonesia.

The Constitution of the Republic of Indonesia of 1945 regulates the following:

  1. Form and Sovereignty.
  2. People’s Consultative Assembly.
  3. Powers of State Government.
  4. Ministry of State.
  5. Local Government.
  6. House of Representatives.
  7. Regional Representative Council.
  8. Election.
  9. Financial Matters.
  10. Judicial Power.
  11. State Territory.
  12. Citizens and Residents.
  13. Human Rights.
  14. Religion.
  15. State Defense and Security.
  16. Education.
  17. National Economy and Social Welfare.
  18. Flag, Language, and Coat of Arms of the State and National Anthem.

The objectives and ideals of the Unitary State of the Republic of Indonesia are also clearly and unequivocally conveyed in the Preamble to the 1945 Constitution of the Republic of Indonesia.

Civic Organizations

Law Number 17 of 2013 concerning Community Organizations as amended by Law Number 16 of 2017 concerning the  Establishment of Government Regulations in Lieu of Law Number 17 of 2013 concerning Community Organizations into Law is a guideline in the establishment and formation of community organizations.

Community Organizations hereinafter referred to as CSOs are organizations that are established and formed by the community voluntarily based on the common aspirations, wills, needs, interests, activities, and objectives to participate in development in order to achieve the goals of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia.

Community organizations have the following objectives as stated in the provisions of Article 5 of Law Number 17 of 2013 concerning Community Organizations as follows:

  1. Increase community participation and empowerment.
  2. Providing services to the community.
  3. Maintain religious values and belief in God Almighty.
  4. Preserving and maintaining the norms, values, morals, ethics, and culture that live in society.
  5. Conserving natural resources and the environment.
  6. Develop social solidarity, mutual cooperation, and tolerance in social life.
  7. Maintain, maintain, and strengthen the unity and unity of the nation.
  8. Realizing the goals of the country.

Civic organizations serve as a means of:

  1. Channeling activities in accordance with the interests of members and / or the goals of the organization.
  2. Coaching and development of members to realize the goals of the organization.
  3. Channeling the aspirations of the community.
  4. Community empowerment.
  5. Fulfillment of social services;
  6. Community participation to maintain, maintain, and strengthen the unity and unity of the nation.
  7. Maintainers and conservationists of norms, values, and ethics in the life of society, nation, and state.

Also read: A Look at Community Organizations

Based on a brief description of the Indonesian ulema council, the constitution regulated in the 1945 Constitution of the Republic of Indonesia, and community organizations, it can be described about several questions about the Indonesian Ulema Council.

Problems

Observing the attitude of the Indonesian Ulema Council (MUI) which sometimes seems that the Indonesian Ulema Council (MUI) has a position that seems to be a government institution, is this the case?

Discussion

The rise of attitudes and statements of the Indonesian Ulema Council that have an impact on the social life of the Indonesian people, through this paper, the author’s general views are conveyed regarding the Indonesian Ulema Council (MUI) using normative juridical methods.

The Indonesian Ulema Council (MUI) as briefly outlined in the Preliminary Chapter, is an organization of scholars in Indonesia that aims, one of which is to assist the government in matters related to the benefit of the people. This is in accordance with the provisions of Article 5 of Law Number 17 of 2013 concerning Community Organizations which states that one of the objectives of community organizations is to maintain religious values and beliefs in God Almighty.

The Indonesian Ulema Council (MUI) is an organization whose finances are sourced from member contributions, community assistance/donations, the results of csos’ efforts, assistance/donations from foreigners or foreign institutions, other activities that are legal according to law, the state budget and/or the regional budget. This is in accordance with what is regulated in the provisions of Article 6 of Law Number 17 of 2013 concerning Community Organizations.

Although there are financial resources that come from the STATE BUDGET and APBD, it does not mean that the Indonesian Ulema Council (MUI) is a state institution that can determine the policy direction of the government and the economy. Finances sourced from the STATE BUDGET and APBD are usually disbursed in the form of “grants” from the government to community organizations.

The 1945 Constitution of the Republic of Indonesia regulates state ministries, there is no regulation regarding the Indonesian Ulema Council (MUI). This means that the Indonesian Ulema Council (MUI) was formed based on the general rules contained in Law Number 17 of 2013 concerning Community Organizations. It should be known in the hierarchy of laws and regulations that the law is an implementing regulation for the 1945 Constitution of the Republic of Indonesia.

The President of the Republic of Indonesia as the head of government runs the wheels of his government assisted by his aides called ministers, this is in accordance with the 1945 Constitution of the Republic of Indonesia.

Constitutionally, it is the state that regulates all government affairs including in religious affairs which in this case is the duty and authority of the ministry of religion.

Conclusion

Based on the Discussion Chapter, the author concludes that the Indonesian Ulema Council (MUI) is only a community organization formed and established based on the provisions of laws and regulations, whose purposes and functions are stated in the Articles of Association and Bylaws contained in a notarial deed. (RenTo) (200722)

By Rendra Topan

Pemerhati Hukum dan Permasalahan Sosial

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