Dynamics of the Positivization of the Philosophy of Adat Basandi Syara', Syara' Basandi Kitabullah: From Customary Philosophy to Positive Law and Minority Community Rejection

Abstract

This article was written in response to the discourse on changing the name of West Sumatra Province to the Special Region of Minangkabau, which surfaced in 2014. In 2022, the discourse was revisited when Law Number 17 of 2022 concerning West Sumatra Province was passed by the President and the Indonesian House of Representatives. Although it has become a valid law, people who feel that their constitutional rights have been violated have filed a formal and material judicial review petition with the Constitutional Court. This article uses a qualitative descriptive research method through a statute approach, a conceptual approach, a historical approach, and a political approach This paper provides the results of a study that the success of the positivization of the philosophy of adat basandi syara' syara' basandi Kitabullah through a long historical dynamic is inseparable from the role of the hegemony of Islamic political actors and Minangkabau customs that dominate the population of West Sumatra, which has succeeded in producing a harmonious acculturation of adat and Islamic values. This success was not immediately accepted by the entire community of West Sumatra, however, as some members of the Mentawai tribe felt discriminated against and filed a judicial review of the law. Although the Constitutional Court ruled that the review was inadmissible, the West Sumatra Provincial Government must immediately develop efforts to moderate culture and religion and promote communication across tribes, customs, cultures, and religions to neutralize this rejection.