Hudud In Indonesia: Advancing Enforcement or Concluding the Debate?

Hudud,as one pillar of Islamic criminal law, has long provoked legal, political and societal debate in Indonesia, the world’s largest Muslim-majority nation. Although some believe that such measures are necessary to ensure the protection of religious and moral values, others say it contradicts Indonesia's pluralistic legal framework and the constitutional principles of equality and justice. The research investigates the dialogue regarding the implementation of Hudud in Indonesia and whether it was compatible with the hybrid legal system in Indonesia that embraces customary (adat), Islamic, and civil law. Using a doctrinal approach and qualitative analysis, the study employs secondary data such as legal statutes, case law, and academic literature. It fills a lacuna in legal literature that lies at the intersection of Hudud and Indonesia’s wider legal and sociopolitical landscape. As the findings suggest, Hudud is viewed as a religious obligation, the dynamics of its legal and practical realization point towards several challenges, especially human rights issues, procedural fairness and public acceptance. It thus concludes that the discourse surrounding Hudud is symptomatic of a more cavernous ideological tension between religious identities and the ideology of the state and emphasize the need to exercise caution in balancing Indonesia’s plural character. Moreover, it urges scholars to engage in analysis beyond the legal recognition of faith communities to navigate the delicate balancing act required for constitutional compliance while ensuring the exercise of the freedom of worship.