DPR confirms Haji and Umrah Law does not criminalize independent pilgrims

The Indonesian House of Representatives (DPR) has asserted that Law Number 8 of 2019 concerning the Organization of Hajj and Umrah (UU PIHU) is not intended to criminalize individuals who undertake the umrah pilgrimage independently. This clarification was made during a judicial review hearing at the Constitutional Court (MK).

Abdullah, the DPR's legal representative, explained that the criminal provisions within the UU PIHU are specifically aimed at entities acting as Umrah Travel Organizers (PPIU) without official permits. He emphasized that these articles do not apply to individuals who merely invite, coordinate, or accompany family and relatives on their religious journey. "Conversely, the article in question is not intended to criminalize independent umrah pilgrims who invite, coordinate, or accompany family and relatives on their pilgrimage," Abdullah stated.

The DPR views the criminal provisions, particularly Article 112 of the UU PIHU, as a crucial legal instrument to deter illegal umrah organizers and ensure accountability in the organization of the pilgrimage. This measure is designed to protect Indonesian citizens. Furthermore, the DPR argued that Articles 115 and 122 of the UU PIHU do not contradict the 1945 Constitution's guarantees of freedom of worship. Instead, they represent the state's responsibility to provide protection to its citizens undertaking religious journeys, as mandated by the constitution.

Additionally, the DPR highlighted that the law's recognition of independent umrah travel in Article 86, paragraph (1), letter b, actually strengthens the guarantee of freedom of worship. This provision is also a response to evolving policies from the Saudi Arabian government. During the hearing, Constitutional Court Justice Enny Nurbaningsih requested the DPR to submit academic papers and discussion minutes related to amendments to the UU PIHU, seeking further details on the shift from "individual" to "independent" umrah and the definition of service providers required for independent umrah.