Constitutional Court Hears Judicial Review of Hajj Law

en.hukumonline.com | Monday, August 09, 2010 - Having received a complaint that the “Hajj Law” (No. 13 of 2008) monopolizes state control over the Islamic pilgrimage, the Constitutional Court heard arguments last Wednesday (4/8) from petitioners Windu Wijaya and Farhat Abbas, who argue that apart from its unconstitutionality, the monopoly results in excessive fees, and creates multi-year waitlists. 

The petitioners, as represented by attorney Dirga Rachman, dispute Articles 1 (8), 8 (2), 21 (1), and 22 (1, 2) of the Law, which they attribute as the basis for the Indonesian state’s monopoly over Hajj-related matters. 

“The amount of money that must be prepared is enormous, and the quota is limited,” said Mr. Rachman at the Court; “It contravenes the essence of Article 29 (2) of the Constitution.” 

Justice Hamdan Zoelva reminded the applicants that Hajj quotas are in part determined by the Saudi Arabian government, which mandates different quotas for each province in Indonesia. 

Justice Akil Mochtar went on to note that Hajj fees are not unilaterally imposed, but rather are approved by the House of Representatives. 

If not the government, then who will be charged with organization of the Hajj? Mr. Mochtar concluded the hearings with that question for the applicants to consider, asking: “Have you thought about the consequences if those Articles are revoked?”

Agus Sahbani / Suharti / Eli Moselle