{
    "success": true,
    "data": {
        "id": 1685995,
        "msgid": "fahri-bachmid-perppu-a-constitutional-option-for-hajj-flight-cost-scheme-via-state-budget-1776523857",
        "date": "2026-04-18 21:00:30",
        "title": "Fahri Bachmid: Perppu a Constitutional Option for Hajj Flight Cost Scheme via State Budget",
        "author": "",
        "source": "VIVA",
        "tags": "berita",
        "topic": "Regulation",
        "summary": "Constitutional law expert Fahri Bachmid has recommended that President Prabowo Subianto issue a Government Regulation in Lieu of Law (Perppu) to allocate approximately Rp1.77 trillion from the state budget to subsidise Hajj flight costs for 2026, addressing surges in avtur fuel prices and dollar exchange rate fluctuations. He argues that this extraordinary measure is justified under urgent circumstances as defined by the Constitutional Court, ensuring the protection of pilgrims' rights amid inadequate existing laws. This approach underscores the state's fundamental duty to safeguard citizens in complex situations, providing a swift legal tool for the government.",
        "content": "<p>Jakarta, VIVA \u2013 Constitutional law expert from the Indonesian Muslim\nUniversity, Fahri Bachmid, assesses that the most constitutional legal\nbasis and tool for President Prabowo Subianto is to adopt an\nextraordinary legal policy in the form of issuing a Government\nRegulation in Lieu of Law (Perppu) to allocate funds of around Rp1.77\ntrillion from the state budget (APBN) for subsidising Hajj flight costs\nin 2026, as a consequence of bearing the surge in avtur prices and\ndollar exchange rate fluctuations.<\/p>\n<p>According to Fahri Bachmid, a Perppu serves as a tool or legal\ninstrument for the government to act quickly and extraordinarily in\nemergency and urgent situations, and this is a strong juridical policy\nchoice (\u201cBeleid\u201d) for President Prabowo to address the increase in Hajj\nflight costs caused by the rise in avtur.<\/p>\n<p>\u201cIn my considered opinion, the Perppu policy is a highly\nconstitutional legal product of the president that is very \u2018related\u2019 to\nthe existing objective and factual conditions. Because objectively,\nthere is a law, but it is inadequate to anticipate the rise in avtur\nprices, whereas on the other hand, Hajj pilgrims as citizens in such\ncircumstances must not become victims of this situation and condition,\nthus the state with all its capacity must be present to provide\nprotection and certainty. Essentially, the presence of the state in all\ncircumstances is an inevitability because the state has a fundamental\nresponsibility to protect its citizens, especially when facing complex\nsituations like this,\u201d said Fahri Bachmid to reporters on Saturday, 18\nApril 2026.<\/p>\n<p>Fahri stated that the current conditions already meet the objective\nrequirements for issuing a Perppu as affirmed by the Constitutional\nCourt (MK) in its decision number 138\/PUU-VII\/2009. In that decision,\nthere are three parameters of \u2018forcing urgency\u2019.<\/p>\n<p>First, there is an urgent need to resolve a legal issue quickly based\non the law. Second, there is a legal vacuum, meaning the required law\ndoes not yet exist or the existing law is inadequate in addressing an\nobjective situation.<\/p>\n<p>Meanwhile, third, there is a legal vacuum that cannot be addressed by\nmaking a law through the ordinary procedure because it would take quite\na long time.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/fahri-bachmid-perppu-a-constitutional-option-for-hajj-flight-cost-scheme-via-state-budget-1776523857",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}