Research Data and Methodology
The research applies a normative juridical approach. In simple terms, it examines laws and constitutional principles to assess whether existing regulations adequately protect Hajj fund customers.
Key sources analyzed include:
- The 1945 Constitution of the Republic of Indonesia.
- Law No. 34 of 2014 on Hajj Financial Management.
- Related laws on public finance, banking, accountability, and consumer protection.
The study focuses on how these legal frameworks define state responsibility, oversight mechanisms, and safeguards for pilgrims’ funds, without evaluating investment performance or comparing Indonesia with other countries.
The analysis identifies several core findings that shape legal protection for Hajj fund customers:
- Hajj funds are public trust funds.
- The state has a direct constitutional duty.
- Law No. 34 of 2014 provides a legal framework, but enforcement is critical.
- Banking institutions play a strategic role.
- Legal protection must be both preventive and corrective.
The findings have important implications for policymakers, regulators, and the public.
- For government institutions.
- For financial institutions.
- For prospective pilgrims.
More broadly, effective legal protection of Hajj funds supports social justice and public trust, two principles repeatedly emphasized in Indonesia’s constitutional framework.
Implications for Public Policy
The study recommends further research into the role of Indonesia’s Constitutional Court in reviewing Hajj fund policies. Judicial oversight could strengthen alignment between financial management practices and constitutional principles, especially when public controversies arise. As debates over Hajj costs and investments continue, this research provides a clear legal message: protecting Hajj fund customers is not optional. It is a constitutional obligation.
Research conducted by Cynthia Hadita from the University of Muhammadiyah North Sumatra proves that prospective pilgrims have the right to know how their funds are managed and used. Hajj funds are not only financial assets, but also a symbol of trust for millions of people.
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