MUI’s Criticism of “As if from the Word” (ASBUN), Why?
Author: H. Dudung Badrun, SH., MH.
(Advocate & General Chair of the Nusantara Village Socio-Economic Activists)
It is regrettable that the MUI follows the opinion of a criminal expert who provides an opinion without a comprehensive understanding of Law Number 1 of 2023 concerning the Criminal Code within the Indonesian legal system. Consequently, the MUI makes an erroneous statement and demonstrates a lack of understanding of Indonesia.
The MUI, or those providing input to the MUI, should explain:
First, the structure of Indonesian law is rooted in legal history, with legal mapping originating from Islamic law, customary law, and Western law, as stipulated in Article 131 of the Indische Staats Regeling (IS).
Second, the parent legal science is civil law, while criminal law, administrative law, and other branches are branches. Therefore, when discussing rights and obligations or legality, they refer to civil law provisions.
Third, the Indonesian legal structure and its pillars consist of social and state law, state law with its pillars: civil law and its derivatives, criminal law and its derivatives, state administrative law and its derivatives, and religious law and its derivatives.
Therefore, there are four courts: District Courts, Military Courts, State Administrative Courts, and Religious Courts.
This misguided and narrow-minded opinion from the Indonesian Ulema Council (MUI), if followed, will be misleading and detrimental, as in the case of husband and wife Ridwan Kamil and Atalia.
If Ridwan Kamil understood the Indonesian legal system, his relationships with Lisa Marina, Aura Kasih, and many others could have been resolved under Islamic law, as recognized by Law No. 1 of 1974 in conjunction with Article 131 IS, rather than reading Law No. 1 of 1974 with a Burgelijk Wet Book (KUHPdt) approach.
Therefore, the MUI should not simply be nosy, which creates chaos and misleads.**
Jakarta, January 8, 2026
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