Constitutional Court Asked to Strike Down Independent Umrah Provisions in Hajj and Umrah Law
Jakarta — Indonesia’s Constitutional Court (MK) has been asked to strike down provisions on independent umrah pilgrimages contained in Law No. 14 of 2025 on the Third Amendment to Law No. 8 of 2019 on Hajj and Umrah Worship.
The petition was submitted by the Coalition for the Protection of Umrah and Hajj Worship and Ecosystem during a hearing on petition revisions at the Constitutional Court in Jakarta on Monday. The petition has been registered by the Court under case number 47/PUU-XXIV/2026.
The coalition comprises the Indonesian Muslim Hajj and Umrah Operators Association (Amphuri), PT Nasuha Yassinta Jaya Abadi — a company engaged in umrah travel services — and Islamic cleric Akhmad Barakwan.
“We request the Court to declare that Article 86 paragraph (1) letter b of Law No. 14 of 2025 is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force,” said the petitioners’ legal counsel, Shafira Candradevi.
Article 86 paragraph (1) letter b of the Hajj and Umrah Law stipulates that umrah pilgrimages may be undertaken independently. According to the petitioners, this provision creates a dualism in the legal regime governing umrah operations.
They argued that the article opens the door to independent umrah pilgrimages without subjecting them to licensing and oversight requirements equivalent to those applied to licensed umrah travel operators (PPIU). PPIUs are travel agencies that hold business permits to organise umrah pilgrimages.
Additionally, the petitioners challenged Articles 87A and 88A of the Hajj and Umrah Law, arguing that both provisions fail to adequately regulate service standards, oversight mechanisms, and sanctions for independent umrah operations.
The absence of such regulations, the petitioners contended, creates a legal vacuum that contravenes the rule of law principle, which obliges the state to be present through regulation, supervision, and protection of its citizens.
The petitioners further argued that independent umrah pilgrims do not receive the same protections as PPIU-managed pilgrims, as set out in Article 96 paragraph (5) letters d and e of the Hajj and Umrah Law.
That provision exempts independent umrah pilgrims from accommodation, catering, and transportation services, as well as life, accident, and health protection.
The petitioners maintained that this situation constitutes a denial of the state’s constitutional obligation to provide legal protection and a sense of security to its citizens.