Localized Alcoholic Beverages Regulations in the Recent Development of Indonesia: A Nexus between Ethical and Sociological-Legal Analysis
Author(s): Hammis Syafaq*, Nur Lailatul Musyafaah, Abdul Basith Junaidy, Nurul Asiya Nadhifah, Novi Sopwan
Abstract
Indonesia can be characterized as a society marked by significant ethical, cultural and legal pluralism, in which the faith-based legal system does not constitute the formal foundation of the state law. While alcohol consumption is categorically prohibited (?ar?m) within Indonesian ethical normative traditions of the dominant society, the state maintains regulatory frameworks governing the production, distribution and consumption of alcoholic beverages. Employing qualitative, literature based research and a descriptive ethical analysis alongside sociological legal perspectives, this article examines the localized regulation of alcoholic beverages in Indonesia’s recent legal developments—with significant religious diversity—by analyzing the nexus between ethical reasoning and sociological-legal dynamics. The findings demonstrate that although national law does not impose an absolute prohibition on alcohol, regulatory control is exercised through a layered legal structure, encompassing the criminal code, presidential regulations and subnational bylaws. Viewed through the lens of Shar??ah within an ethical and a sociological-legal analysis, this regulatory approach aligns with the objectives of Shar??ah, particularly in limiting distribution, preventing abuse and protecting public welfare. This study argues that alcohol regulation in recent Indonesian development represents a complex negotiation between ethical norms, plural societal realities and state legal authority. Consequently, as a Muslim-majority populated country—with significant religious diversity—Indonesia’s regulatory model cannot be equated either with Muslim-minority populated country contexts or with a Muslim-majority populated country that formally institutionalizes Shar??ah as state law.