Legal Protection for Hajj Fund Customers from a Constitutional Perspective in Indonesia

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FORMOSA NEWS- Medan, Indonesia — Millions of Indonesian Muslims deposit Hajj funds years before their pilgrimage, placing enormous public trust in state-managed financial systems. Lawyers from the University of Muhammadiyah North Sumatra found that the Hajj funds deposited by millions of Indonesian pilgrims are not merely savings for religious purposes, but a public trust protected by the constitution. This finding, published in 2026 in the Formosa Journal of Applied Sciences (FJAS),the research explains why stronger legal safeguards are essential to protect pilgrims’ rights, ensure transparency, and maintain public confidence in Hajj fund governance.

This research was written by Cynthia Hadita, S.H., M.H. Law from the University of Muhammadiyah North Sumatra. This study emphasizes that prospective pilgrims have the status of constitutional rights holders, so the state is obliged to guarantee the security, transparency, and accountability of the funds they deposit long before departure.

Why Hajj Fund Protection Matters

Indonesia has the world’s largest Muslim population, and demand for the Hajj far exceeds Saudi Arabia’s annual quota. As a result, prospective pilgrims often wait many years after making their initial deposits. These deposits accumulate into one of the country’s largest pools of religious public funds.

According to the study, Hajj funds are not ordinary savings. They represent:

• Citizens’ constitutional right to worship, protected under Articles 28E and 29 of the 1945 Constitution.
• Public trust funds, managed by the state on behalf of millions of pilgrims.
• Economic assets, whose mismanagement could cause financial losses and social unrest.

When transparency is weak or accountability unclear, the consequences extend beyond finance. Mismanagement risks violating constitutional guarantees, undermining trust in public institutions, and harming citizens’ ability to fulfill a core religious obligation.

Legal and Policy Context

The research places Hajj fund management within Indonesia’s broader legal framework. Key regulations include:

• Law No. 34 of 2014 on Hajj Financial Management, which establishes the institutional and legal basis for managing pilgrimage funds.
• Law No. 8 of 2019 on Hajj and Umrah Administration, which regulates planning, implementation, supervision, and reporting.
• Constitutional principles that require the state to protect property rights, ensure accountability, and promote public welfare.

Researchers emphasize that these laws are not optional policy tools. They are instruments for implementing constitutional mandates that bind the state to protect the economic and religious rights of citizens.

How the Research Was Conducted

The study uses a normative juridical approach, relying on legal analysis rather than field surveys or financial modeling. In simple terms, the research:

• Reviewed the 1945 Constitution of the Republic of Indonesia.
• Analyzed statutory laws related to Hajj fund management, banking, and public finance.
• Examined legal doctrines and constitutional principles governing state responsibility and citizen protection.

This approach allows the author to assess whether existing laws and institutions are sufficient to protect Hajj fund customers from a constitutional perspective.

Key Findings

The study identifies several critical points in Indonesia’s Hajj fund governance:

• Hajj fund customers are constitutional rights holders. 
• The state has a direct duty of protection. 
• Banking institutions play a strategic role. 
• Transparency and oversight remain essential. 

The research also highlights the importance of the prudential principle, requiring Hajj funds to be managed conservatively, securely, and in line with sharia principles.

Constitutional Implications

From a constitutional standpoint, the study stresses that legal protection must work on two levels:

• Preventive protection, through clear regulations, supervision, and prudent financial management.
• Repressive protection, through accountability mechanisms and legal remedies if losses or misconduct occur.

Researchers note that effective protection strengthens public trust and ensures that the management of hajj funds truly fulfills its constitutional purpose.

As she explains, “The management of Hajj funds reflects the state’s responsibility to uphold the rule of law, legal certainty, and social justice, as mandated by the 1945 Constitution.” This insight underscores that Hajj fund governance is inseparable from constitutional accountability.

Author Profile

Cynthia Hadita, S.H., M.H.
Lecturer in Law, Universitas Muhammadiyah Sumatera Utara
Field of expertise: Constitutional Law, Public Finance Law, and Legal Protection of Citizens’ Rights.

Source

Cynthia Hadita. “Legal Protection for Hajj Fund Customers from a Constitutional Perspective in Indonesia.” Formosa Journal of Applied Sciences, Vol. 5 No. 1, 2026, hlm. 1–10.
DOI: 10.55927/fjas.v5i1.553
URL: https://srhformosapublisher.org/index.php/fjas