| Summary: | Indonesia is a unitary state based on the constitution and the law, this makes
the implementation and application of constitutional law applies nationwide and
there is a central government authority. Aceh is a province that is part of the
Republic of Indonesia should implement national laws. Perda No.5 Year 2000 on the
implementation of Islamic Shari'ah as a foundation stone in the application of Islamic
Shari'ah in Aceh. This obviously makes the application of the two laws in Aceh, the
national law and the law in Aceh. Apart from that the area rulemaking process also
occurs in the process of formation juridical mistake, this is due to the loading of the
Al-Quran and Al-Hadith in the regulatory area.
The method of research is empirical-normative that is by conducted the
library research and interviews. After conducting interviews with multiple
informants and then do some research at the library to collect the data, then the
researcher makes an analysis of the data that is found in the field.
Pancasila is the source of all law in Indonesia, which is the cornerstone in the
implementation and the establishment of national laws and regulations. Pancasila
presence makes the appreciation of the local products in Aceh that are special. There
is confusion in the application of that law to make Pancasila as the harmonization of
the two, between the applicable national law in Aceh and local laws that are
Acehnese desire itself. Pancasila as the state philosophy teaches about kindness to all
of the existing legal instruments in Indonesia, with the Pancasila as the view state
law must be formed based on the wishes of the people who live in the country. Thus
clearly, the presence of Pancasila in the establishment of local regulations will create
harmonization and legal products are formed not by political interests, but based on
public interest requires the establishment of local regulations such as law in the
implementation of Islamic Shari'ah.
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