THE CONVERGENCE OF CIVIL AND ISLAMIC LAW IN CONTRACTS PRACTICES IN INDONESIA

Abstract

This study examines the dualism of the contract law system in Indonesia, which is characterized by the application of civil law based on the Civil Code (KUHPerdata) and Islamic law based on sharia principles, with a focus on the juridical construction of both legal systems within the national legal order, their convergence in contractual practice, and the implications of contract law pluralism for legal certainty and the protection of the parties. This study uses a normative legal research method with a legislative, conceptual, and comparative approach, with primary legal materials in the form of the Civil Code, the Compilation of Sharia Economic Law (KHES), Law Number 21 of 2008 concerning Sharia Banking, and other related laws and regulations, supported by secondary legal materials in the form of scientific literature and court decisions. The analysis was conducted prescriptively through systematic interpretation and legal harmonization techniques. The results of the study show that there is convergence between civil law and Islamic law in contract practice in Indonesia, which is manifested in three forms, namely parallel coexistence, normative synchronization, and practical integration in contractual clauses, which has legal implications in the form of the need for more comprehensive legal harmonization to ensure legal certainty, consistency of application, and equal legal protection for the parties, as well as the need to develop a national contract law codification that accommodates legal pluralism and strengthens the capacity of judicial institutions in handling cross-legal system contract disputes