Transformasi Aksiologis Hukum dalam Pemikiran Mochtar Kusuma Atmadja serta Relevansinya terhadap Reformasi Hukum Islam di Indonesia

Abstract

This article examines in depth the axiological transformation in the legal thought of Mochtar Kusuma Atmadja, especially in the framework of Development Law theory, as well as its relevance to Islamic law reform in Indonesia. In the context of a socially and religiously plural country, a purely legalistic-positivistic legal approach has proven to be insufficiently responsive to the dynamics of society. Atmadja offers a framework of thought in which law is not only understood as a set of rules, but as an instrumental law to drive social change, form collective consciousness, and respond to national challenges substantially. This research uses a normative-philosophical approach with a literature study method that focuses on Atmadja thoughts and Islamic legal theory and practice in Indonesia. The results of the study show that the axiological framework of Atmadja opens up constructive possibilities for Islamic law not to be confined to the rigidity of normative texts, but to be able to transform through a contextual approach that is responsive to the values of maqashid sharia, multicultural reality, and the principles of social justice. It is at this point that Atmadja's thinking is closely in contact with the Islamic law reform agenda, especially in an effort to bridge the gap between sharia norms and the national legal system. Thus, Islamic law is no longer positioned subordinately, but becomes an active part of the development of inclusive, adaptive, and equitable national law. These findings affirm the importance of revitalizing the axiological approach in future Islamic law reconstruction efforts.