Effectiveness of Regulations in Handling Hajj Qoutas in Indonesia

Abstract

This study examines the crime of corruption of Hajj funds from the perspective of Islamic Criminal Law and Positive Criminal Law with a case study of the Central Jakarta District Court Decision Number 93/Pid.Sus/TPK.2015/PN.Jkt.Pst. The purpose of the study is to determine the application of the law and the considerations of the panel of judges in issuing the decision, while assessing its conformity with the principles of Islamic criminal law and positive criminal law. The research method used is normative juridical with a statutory, conceptual, and comparative approach. Primary data are in the form of court decisions, while secondary data include laws and regulations, legal literature, journals, and sources of Islamic law (the Qur'an and Hadith). The analysis is carried out using hermeneutic techniques to interpret legal norms and the judge's considerations.

The results of the study show that the judge imposed a sentence based on Article 3 in conjunction with Article 18 paragraph (1) letter b of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) point 1 in conjunction with Article 65 paragraph (1) of the Criminal Code. The judge's considerations were based on witness statements, written evidence, physical evidence, and the defendant's statement. From the perspective of Islamic criminal law, the act of corruption of Hajj funds is classified as a ta'zir crime in the form of betrayal of the public trust (ghulul), with sanctions given to the judge according to the level of error. This study confirms the inconsistency between the relatively light verdict of the first-degree judge with the principle of social justice and the purpose of criminal punishment, especially because the crime involves Hajj funds which are a trust of the Muslim community.