Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Questioning the Constitutional Obligation of the State in Protecting Citizen's Fundamental Rights in Religion

Author(s): TM Luthfi Yazid, Galang Asmara, Gatot Dwi Hendro Wibowo, Hayyan ul Haq

The Indonesian state, in the 1945 Constitution (Undang-Undang Dasar 1945) has a constitutional’s obligation to protect the citizen’s rights of their religious activities. This study aims to find appropriate legal protection about the implementation of religious activities which is umrah conducted by the Muslim people in Mecca, Saudi Arabia. The type of research for this study is normative research with a statutory approach, a legislative approach, and a conceptual approach. The study uses primary, secondary, and tertiary law materials. Those law materials are discussed, criticized, and analyzed with prescriptive analysis. Through this study, several reforms may be required and suggested such as regulation/substantive reform, institutional reform, and practical operational reform.

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