The concept of \u201chajj and umrah under a single regulatory regime\u201d\nrepresents a significant development in the legal framework governing\nreligious travel in Indonesia.<\/p>\n
Through Law No.\u00a08 of 2019 on the Organisation of Hajj and Umrah\nPilgrimage, the state no longer treats hajj and umrah as two entirely\nseparate religious activities from an administrative law perspective.\nInstead, it regulates them within a single framework encompassing\nguidance, services, protection, supervision, and the responsibilities of\norganisers.<\/p>\n
This unification essentially aims to create legal certainty, improve\nservice quality, protect pilgrims, and strengthen accountability in the\norganisation of pilgrimage.<\/p>\n
However, the unification of the regulatory regime also has negative\naspects, particularly for umrah travel organisers (PPIU).<\/p>\n
The characteristics of hajj and umrah are fundamentally different.\nHajj is heavily influenced by state policy, quotas, bilateral relations\nwith Saudi Arabia, and the management of pilgrims in large numbers,\nwhereas umrah largely operates through travel service mechanisms,\ncontractual relationships between PPIU and pilgrims, and relatively\nflexible market dynamics.<\/p>\n
When both activities are placed under a single regulatory regime,\nthere is a risk that administrative approaches designed to ensure\norderly hajj organisation are also applied excessively to umrah\norganisation.<\/p>\n
The first negative impact is the increased administrative burden and\ncompliance costs for PPIU. Organisers must not only meet service\nstandards for pilgrims but also face increasingly complex licensing\nrequirements, reporting obligations, supervision, business standards,\nand potential administrative sanctions.<\/p>\n
For small and medium-sized PPIU, this increased burden can reduce\ntheir ability to compete, as compliance costs may ultimately be passed\non to the price of umrah packages.<\/p>\n
Secondly, the unification of the regulatory regime can lead to\noverregulation and reduced business flexibility. The umrah industry is\nhighly dynamic, particularly in determining ticket prices, hotels,\ntransport, currency exchange rates, departure seasons, and cooperation\nwith partners in Saudi Arabia. Overly rigid regulation can hamper the\nability of PPIU to respond quickly to market changes.<\/p>\n
In this context, pilgrim protection is indeed a legitimate objective,\nbut its achievement must be carried out proportionally so that it does\nnot turn into excessive restriction of business activity.<\/p>\n
Thirdly, there is a risk of imbalance between obligations and the\ncapacity of organisers. The state may set high service standards, but\nnot all PPIU have the same financial capacity, human resources,\ntechnology, and business networks.<\/p>\n
If these standards are applied uniformly without considering the\nscale and capacity of organisers, regulation can create barriers to\nentry and encourage industry concentration among large-capital\norganisers only.<\/p>\n
Such conditions may actually reduce the diversity of business actors\nand potentially narrow public choice.<\/p>\n
Fourthly, a strong supervisory and sanctions regime can create legal\nuncertainty for PPIU if violation norms are formulated broadly or\nwithout clear parameters.<\/p>\n
Pilgrim protection must not eliminate the principles of due process\nof law, legal certainty, proportionality, and good governance.<\/p>\n
Sanctions against PPIU should be differentiated based on the degree\nof fault, the consequences caused, and the organiser\u2019s ability to remedy\nthe violation.<\/p>\n
Minor administrative errors should not receive the same consequences\nas violations that genuinely harm pilgrims.<\/p>\n
\u201cHajj and umrah under a single regulatory regime\u201d represents progress\nfrom the perspective of governance integration, but it can also become a\nproblem if it produces uniformity of regulation that ignores the\ndifferent characteristics of hajj and umrah.<\/p>\n
Umrah regulation should ideally remain within the framework of\npilgrim protection, but must preserve space for innovation, healthy\ncompetition, business efficiency, and the sustainability of PPIU.<\/p>\n
Therefore, the measure of regulatory success does not lie solely in\nthe increasing strength of state control, but in the ability to create a\nbalance between pilgrim protection and business freedom, between legal\ncertainty and business flexibility, and between public interest and the\nsustainability of umrah organisers.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/hajj-and-umrah-under-a-single-regulatory-regime-negative-implications-for-umrah-organisers-1788166344", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }