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Former Religious Affairs Ministry director general for hajj and umrah (Direktur Jenderal Pelaksanaan Ibadah Haji dan Umrah Kementerian Agama) Anggito Abimanyu –as Expert presented by the Constitutional Court (Mahkamah Konstitusi) – was delivered his expertise at judicial review session on Act of Hajj Financial Management (Undang-Undang Pengelolaan Keuangan Haji) at Plenary Room, the Constitutional Court Building on Wednesday (15/4). Photo PR/Ganie

 

 

Former Religious Affairs Ministry director general for hajj and umrah (Direktur Jenderal Pelaksanaan Ibadah Haji dan Umrah Kementerian Agama –Dirjen PHU) Anggito Abimanyu said that hajj limitation –once in a lifetime– needed to ensure legal certainty.

Anggito who presented by the Constitutional Court (Mahkamah Konstitusi –MK) explained, Article Number 13 Year 2008 of Hajj Pilgrimage Coordination that was being drafted by the House of Representatives contained a discourse on requirement changes with exception that explained on the article elucidation.

While related on the provision regarding whether or not initial deposit of haj pilgrimage travel payment (Biaya Penyelenggaraan Ibadah Haji –BPIH) was needed to pay, he argued that hajj pilgrimage required much travel costs. To ease the BPIH cost, the Government issued operational or technical policy in form of an initial deposit payment, under the Act of Hajj Pilgrimage Coordination. "So in our opinion, the initial deposit is intended to ease the burden of pilgrims who will depart (to conduct pilgrimage) by installments," said him at the further session which case registered on number 12 and 13/PUU-XIII/2015 at Plenary Room, the Constitutional Court Building, Jakarta,

The initial deposit was kept in Religion Affair Minister (Menteri Agama) account in Sharia Bank with the intent to maintain the security, assurance, and responsibility, as well as provide benefit values to the pilgrims. He further said the deposit wasn’t taken over; it instead entrusted or represented to Religion Minister with ‘akad wakalah’. Moreover, the fund will be managed by sharia management that professional, trusted, and non-profit.

He asserted, Act Number 34 Year 2014 of Hajj Financial Management had regulated fund ownership issue and fund management. The BPIH benefit values of waiting-list pilgrims is owned by the pilgrims and represented to the Haj Fund Management Agency (Badan Pengelola Keuangan Haji –BPKH). “The initial deposit is also intended to give assurance of one’s intention and show financial indicator (istitoah) of pilgrims,” explained him.  

Anggito was also presented the result of a research by the Dirjen PHU in collaboration with Faculty of Economics and Business of UIN Syarif Hidayatullah in 2004. According to the research, the initial deposit could reduce hajj queue. If the initial deposit wasn’t required to the pilgrims, the queue would be even longer. By the provision of initial deposit, the queue was estimated up to 14 years. Without that, it could reach 20 years queue. “It is certainly unwanted by the pilgrims, including the Applicant,” added him

BPIH Deposit is needed

Similar with the description, a state financial law expert Siswo Sujanto said that the government needed to rule the pilgrims that allowed being departed. One of the regulations is by applying the obligation to pay some of the pilgrimage costs. “The regulation determined, among others, by requiring the pilgrims to pay some of the pilgrim cost,” said him.

In other words, he asserted, the Government was never arbitrarily took away people’s rights, instead it conducted for the sake of justice and public order. “In this case, people are allowed to not pay the BPIH initial deposit, with the consequence that the people concerned have no qualification to be listed on waiting list,” added him.

Related with the Hajj financial management, the BPKH was established as a state financial management institution. The BPKH is independent and non-profit by refer to corporative attitude which based on Islamic law principle. “The expected goal of the management done by the BPKH is to provide added value and cost rationalization for the benefits of pilgrims as well as muslim entirely,” said him.

The benefits received by each pilgrim applicants from collective funds management will be greater than the result of individual management. Meanwhile, as a member of a group, all members who will get the benefit from the institution work within the group are obliged to finance the work. It was a reasonable matter, he emphasized.

Previously, the Applicant reviewed Article 4 (1), Article 5, Article 23 (2), and Article 30 (1) Act Number 13 Year 2008 of Hajj Pilgrimage Coordination (Penyelenggaraan Ibadah Haji) and several articles on Act No. 34 Year 2014 of Hajj Fund Management (Pengelolaan Keuangan Haji). Article 4 (1) Act of Hajj Pilgrimage Coordination states:

Every Muslim citizen has rights to conduct Hajj Pilgrimage on terms: a. aged minimum 18 (eighteen) years or had married; and b. able to pay the Hajj pilgrimage travel payment (Biaya Penyelenggaraan Ibadah Haji –BPIH)”  

(“Setiap Warga Negara yang beragama Islam berhak untuk menunaikan Ibadah Haji dengan syarat: a. berusia paling rendah 18 (delapan belas) tahun atau sudah menikah; dan b. mampu membayar BPIH”)

According to the Applicant, the rule was conditional unconstitutional because it stated that every Muslim could conduct Hajj Pilgrimage more than once. However, the Hajj problem recently highlighted by the public is a matter of limited slots. “A pilgrim applicant should pay the initial deposit –or whatever it called– in advance, whereas the slot he got is for about 20 until 25 years later,” stated him at judicial review session which case registered on number 12 and 13/PUU-XIII/2015 on Tuesday (27/1) at the Plenary Room, the Constitutional Court Building Jakarta.    

He considered, the provisions on Article 4 (1) on the Act a quo should be interpreted specifically for Muslims who never been Hajj, that are allowed to get the slot, while for Muslim who once been Hajj, they should not allowed if there were still waiting-list pilgrims. "Why is that so? Because in Islam, the obligation of Hajj Pilgrimage is only once, al hajju maratun fama zaadaz fahuwa tathawwu, Hajj is only obliged once, the rest is sunna," he added.

Moreover, the Applicant was also concerned on the initial deposit of Hajj pilgrimage travel payment (Biaya Penyelenggaraan Ibadah Haji –BPIH) applied during the pilgrim applicants register Hajj, as regulated on Article 5 Act of Hajj Pilgrimage Coordination. The Applicant assesses the definition of ‘paying BPIH’ should be interpreted as BPIH at current year, as other articles noted that the pilgrim applicants shall pay BPIH after obtain the approval from the President and the House of Representatives (Dewan Perwakilan Rakyat –DPR) and appropriate with determined slots.

“It means, we considered that the payment obliged is BPIH on current year, rather than the initial deposit. BPIH initial deposit is not compelled and voluntary. Registration process is not related with BPIH initial deposit because basically registering on waiting-list is similar with taking queue number,” explained him. (Lulu Hanifah/Prasetyo Adi N.)

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