THE EXISTENCE OF RELIGION NORM IN THE POLITICAL LAW STRUGGLE IN INDONESIA

The academic problem of this research was why religion norm must be the material source of local regulations. Meanwhile, it is known that Indonesia is a nation-state based on Pancasila and UUD 1945 (Constitution of 1945). To answer these problems, this study examined the significance, position and function of religious norms for the regulation of religion. The results showed that the religious norms have important significance in the formation of local regulations because this process is part of the political process of law in Indonesia, so that although Indonesia is not a religion state, but this Pancasila state has accommodative policy towards the existence of religious norms as one material source of positive law, as stated in the first principle of Pancasila and the 1945 Constitution Article 29. In Hans Helsen’s theory, religious norm as a source of substantive law in the area of regulation is constitutional.