Expert: Hajj Flight Cost Scheme Funded by APBN Can Be Achieved Through Perppu

Republika reports on a legal perspective regarding the funding of Hajj flight costs in Indonesia. Constitutional law expert Fahri Bachmid has proposed the issuance of a government regulation in lieu of law (Perppu) as a viable constitutional pathway to allocate funds from the State Budget (APBN) for Hajj pilgrimage expenses.

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This is a strong legal policy ('beleid') for President Prabowo to address the increase in Hajj flight costs caused by the rise in jet fuel.

Bachmid's proposal stems from the need to legally underpin President Prabowo Subianto's administration in allocating approximately Rp1.77 trillion from the APBN. This allocation is deemed necessary to subsidize Hajj flight costs for the 1447 H/2026 M period, primarily to counteract the surge in jet fuel prices and the depreciation of the Indonesian Rupiah against the US Dollar. The expert views a Perppu as a robust legal instrument enabling swift and decisive government action in what he terms an emergency and urgent situation.

The expert further elaborated that while a Haji Law (UU Nomor 14 Tahun 2025) exists, it is insufficient to address the current volatility in fuel prices, which have been exacerbated by geopolitical tensions such as the US-Iran conflict and the crisis in the Strait of Hormuz. He stressed that Indonesian Hajj pilgrims should not bear the brunt of these escalating costs. The state, he asserted, has a fundamental responsibility to protect its citizens, making its intervention a necessity.

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So, the state, with all its capacity, must be present to provide protection and certainty. In essence, the presence of the state in all circumstances is a necessity because the state has a fundamental responsibility to protect its citizens.

Bachmid cited a Constitutional Court ruling (No. 138/PUU-VII/2009) that outlines three parameters for 'compelling urgency' justifying a Perppu: the need for rapid legal resolution, the existence of a legal vacuum, and the impossibility of addressing the vacuum through the standard legislative process due to time constraints. He concluded that the current circumstances meet these criteria, making a Perppu a legally sound decision to ensure the Hajj financing scheme is covered by the APBN.

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The Perppu allows the government to review the financing scheme, including the proposed increase in jet fuel prices that makes Hajj flight costs higher, to be covered by the APBN. For me, the decision for the state to bear the Hajj flight costs is legally correct.