Analysis Of The Policy Of Organizing The Hajj/Umrah Pilgrimage In The Context Of Legal Protection For The Interests Of The Congregation

Abstract

ABSTRACT

The policy for organizing the Hajj and Umrah pilgrimages in Law no. 13 of 2008 has not guaranteed legal protection for the interests of pilgrims. Policies in positive law apply the principle of iedereen wordt geacht de wet te kennen. The substance of a regulation is often incomplete, unclear, does not regulate or regulates not in accordance with social justice. The results of the study show that the substance of the policy on the implementation of Hajj/Umrah has not guaranteed legal protection for interests, namely:(1) The impelementation of the Hajj/Umrah pilgrimage has a strong hegemony that interests of Hajj/Umrah pilgrims; (2) The uinterests of legal protection for the interests of the Hajj/Umrah pilgrims are formal in the nature so that they do not fully provide legal protection for the interests of he Hajj/Umrah in the field of the finance, rituals of the Hajj/Umrah pilgrims, bureaucracy, community participation and security; (3) a new analysis of the policies regarding the implementation of the Hajj/Umrah pilgrimage inte context of legal protection for the interests of the Hajj/Umrah pilgrims includes institutional regulations in a holistic manner. Based on the government review policies on the implementation of the Hajj/Umrah pilgrimage, especially in trems of separating the functions of regulator and operator of the Hajj/Umrah pilgrimage ,especially in terms of separating the functions of regulation and operator.

Keywords : Public Policy, Hajj/Umrah Implementation, legal protection