Reconstructing Independent Umrah Pilgrim Protection Post-Law 14/2025 Systemic Maqasid Analysis

Abstract

The enactment of Law No. 14 of 2025 and Minister of Hajj and Umrah Regulation No. 4 of 2025 provides a legal basis for independent umrah. However, the policy also raises concerns about how pilgrims are protected when they are responsible for part of their own travel arrangements. This study aims to examine the protection of independent umrah pilgrims, identify protection gaps based on Jasser Auda’s six features of systemic maqasid, and formulate a more integrated protection model. This study employs a normative juridical method using statutory and conceptual approaches, supported by qualitative content analysis. The findings reveal five major protection gaps: suboptimal verification of service providers, the absence of mandatory manasik standards specifically designed for independent pilgrims, fragmented complaint and remedy mechanisms, inadequate risk mitigation, and unclear minimum standards for financial protection and insurance. The assessment of the six systemic maqasid features produces an aggregate score of 70 out of 90, equivalent to 77.8%, with purposefulness identified as the most critical feature. The novelty of this study lies in using Jasser Auda’s systemic maqasid as a framework for mapping protection gaps and translating the findings into six pillars of policy reconstruction, namely national registration and verification, mandatory digital manasik, insurance with minimum standards, an Indonesia–Saudi Arabia emergency assistance mechanism, limited interoperability with Nusuk, and an integrated complaint and legal-aid center. This approach enables the study not only to assess the existing regulatory framework but also to propose a more integrated protection model for independent umrah pilgrims that is oriented toward the achievement of public benefit.