TITLE:
The Role of MUI’s GANAS ANNAR as a Religious Institution to Eradicate Illegal Circulation of Narcotics in Indonesia
AUTHORS:
Yusuf Muhammad Said
KEYWORDS:
Drug, Fatwa, Law, MUI, Narcotics, Trafficking
JOURNAL NAME:
Beijing Law Review,
Vol.12 No.4,
November
26,
2021
ABSTRACT: The Indonesian Ulema Council (MUI) as one of the non-government institutions (NGOs) was established on the initiative of the 2nd President of the Republic of Indonesia, Suharto, who wanted a single forum for ulama, and figures from religious organizations such as Muhammadiyah and Nahdhatul Ulama (NU). MUI was established on July 26th 1975, on 53 prominent Muslim clerics and representatives from the government to form a single forum for Muslims. The gathering of the ulama was used as the government’s partner, the function of which was to provide advice to Muslims to jointly support development, including eradicating the illicit trafficking of narcotics, agreeing to the death penalty for dealers and producers, in addition to preventing ideological conflicts, among orthodox Moslem. The writing method uses normative juridical, without leaving the historical aspects of the founding of MUI and Ganas Annar, normative, or doctrinal, research collects secondary and tertiary data, as well as codified expert opinion, statutory regulations, then is analyzed with the theory of Hans Kelsen, positive law (General Law). The purpose of the research, theoretically to provide an understanding eradication of illegal drug trafficking in Indonesia involves the role of religious institution (MUI) as a forum for Muslim leaders. As a result, MUI as an NGO institution has an appeal (fatwa) containing advice and suggestions. In the Indonesian constitutional system, fatwas do not enter positive law in the theory of state power. Even so, the government still considers the importance of the existence of these NGOs as partners in combating illicit narcotics trafficking, such as a fatwa giving the death penalty to drug dealers or producers who are judged to be in accordance with Islamic jurisprudence.