Legal Orientalism and Occidentalism Approaches in Collaborative Establishment of Law in Indonesia

Abstract

The development of orientalism and accidentalism in law has colored the legal system in a country, especially in Indonesia. This can be seen from several schools of law that live and develop in society, especially Islamic societies in the eastern world and secular societies in the western world. In the Western legal perspective, the schools of natural law, the schools of positivism, the schools of utilitarianism, the schools of sociological jurisprudence, the schools of legal relaism, the schools of critical law, and the schools of postmodernism have developed. Meanwhile, the development of the Eastern schools of law cannot be separated from the thoughts of the Imams of 4 schools, namely the Imam Hanafi School, the Maliki School, the Imam Shafi'i School and the Imam Hanbali School. It is necessary to understand first how the thoughts of both the Eastern legal schools and the Western legal schools of thought. When viewed based on geographic data and the spread of religion (theological), which includes the Western world includes the continents of Europe and America who adhere to Christianity and Greece. The Eastern world includes the continents of Asia and Africa, the majority of which are Muslims, Buddhists, Hindus and Confucians. Orientalism and legal accidentalism were finally adopted as a source of law in Indonesia in the formation of its law. The purpose of this article is to analyze the extent of the collaboration of orientalism and legal accidentalism in the formation of law in Indonesia, and to analyze the harmonization of the two laws in the Indonesian legal system. The type of study in writing this article is a qualitative study with a literary and historical approach, then analyzed deductively.