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All Journal Media Hukum Indonesia (MHI)
Muh. Jufri Ahmad
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas 17 Agustus 1945 Surabaya
Law, Crime, Criminology & Criminal Justice

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Analisis Kepastian Hukum dan Perlindungan Hukum Jamaah Umrah Mandiri (Berdasarkan Undang-Undang Nomor 14 Tahun 2025 Tentang Penyelenggaraan Ibadah Haji dan Umrah) Adiyatma Firman Mahadi; Muh. Jufri Ahmad
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21484993

Abstract

This study aims to analyze the legal certainty regarding the regulations for independent Umrah based on Law Number 14 of 2025 concerning the Implementation of the Hajj and Umrah Pilgrimage and analyze the form of legal protection for independent Umrah pilgrims. The research used is normative legal research by applying three approaches, namely the statutory approach, the conceptual approach, and the case approach. The legal materials used consist of primary, secondary, and tertiary legal materials, which are analyzed prescriptively using legal interpretation, legal systematization, legal harmonization, and deductive reasoning. The analysis was carried out by applying the legal certainty theory of Gustav Radbruch, Utrecht, and Sudikno Mertokusumo as well as the legal protection theory of Philipus M. Hadjon. The results of the study indicate that the regulations regarding independent Umrah in Law Number 14 of 2025 have provided a legal basis for the implementation of the Umrah pilgrimage independently, thereby fulfilling the aspect of legal recognition as part of legal certainty. However, these regulations do not fully provide legal certainty due to vague norms and the lack of comprehensive provisions regarding state responsibilities, legal protection mechanisms, and dispute resolution for independent Umrah pilgrims. This study also found that legal protection for independent Umrah pilgrims consists of preventive and repressive legal protection, but its implementation still requires further regulation through implementing regulations to ensure effective legal protection.
The Legal Consequences of Interfaith Marriages Conducted Abroad on Their Registration in Indonesia Maharani Sahha; Muh. Jufri Ahmad
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23853709

Abstract

Interfaith marriages conducted abroad have become an increasingly prevalent phenomenon alongside global mobility and differences in legal regulations across countries. Under the Indonesian legal system, the validity of marriage largely depends on the fulfillment of religious requirements as stipulated in Article 2 paragraph (1) of the Marriage Law, thereby raising legal issues when foreign marriage certificates are submitted for registration in Indonesia. This study aims to analyze the legal consequences of interfaith marriages conducted abroad with regard to their registration in Indonesia and examine how the state assesses the substantive and formal validity of such marriages. The research employs normative legal research methods, using statutory and conceptual approaches through an examination of legal doctrines, family law theories, and principles of private international law. The findings indicate that although foreign marriage certificates may be formally valid under the laws of the country where the marriage was solemnized, such marriages may still fail to satisfy the substantive requirements for marriage validity under Indonesian law if they are not conducted in accordance with the applicable religious provisions. Consequently, registration in Indonesia may be refused by the Civil Registry Office, potentially resulting in the absence of recognized marital status, administrative obstacles, and civil legal vulnerabilities for both spouses and their children. This study concludes that a disharmony exists between the formal validity of foreign marriage certificates and substantive validity under national law. Therefore, clearer legal policies are necessary to ensure legal certainty for Indonesian citizens.
Co-Authors Adiyatma Firman Mahadi Maharani Sahha