Act No. 17 Of 1999

Original Language Title: Undang-Undang Nomor 17 Tahun 1999

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! kc religion. THE PILGRIMAGE. ' Umrah. ACT 17-1999 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 53, 1999 (explanation in an additional Sheet of the Republic of Indonesia Number 3832) REPUBLIC of INDONESIA law No. 17 of 1999 regarding the ORGANIZATION of the HAJJ by the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the Republic of Indonesia guarantees the freedom of its citizens to worship according to his religion respectively;
.,, b. that the Hajj is the fifth Islamic tenets that must be implemented by every Muslim who is able to go;
.,, c. that the refinement of the system and the Organization of the Hajj management need to be constantly improved so that implementation of the pilgrimage goes secure, orderly, and smoothly in accordance with the demands of religion;
.,, d. that based on considerations as referred to in letters a, b, and c need to established laws on the Organization of the Hajj;
.,, Considering: 1. Article 5 paragraph (1) and section 21 subsection (1), article 29 of the Constitution of 1945;
., ,2. The Ordinance of the people's Consultative Assembly Number X/MPR/1998 regarding the fine points of the reform of development in order to rescue and normalization of national life as the bow of the State;
., ,3. Act No. 5 of 1974 about the fine points of governance in the region (State Gazette Number 38 in 1974; Additional Sheet country number 3037);
., ,4. Act No. 9 of 1992 on Immigration (State Gazette Number 33 in 1992; Additional Sheet country number 3474);
., ,5. Act No. 14 of 1992 about traffic and Road Transport (State Gazette Number 49 in 1992; Additional Sheet country number 3480);
., ,6. Act No. 15 of 1992 about the flight (State Gazette Number 53 in 1992; Additional Sheet country number 3481);
., ,7. Act No. 21 of 1992 about the voyage (State Gazette Number 98 in 1992; Additional Sheet country number 3493);
., ,8. Act No. 23 of 1992 on health (State Gazette Number 100 in 1992; Additional Sheet country number 3495);
With the approval of the HOUSE of REPRESENTATIVES REPUBLI INDONESIA decide: define: the law on the ORGANIZATION of the HAJJ.

CHAPTER I GENERAL PROVISIONS article 1 In this law are: 1. A citizen of the Republic of Indonesia is a citizen;

2. The Government is the Government of the Republic Indonesia;., 3. Hajj is the fifth Islamic tenets of which is an obligation for every Muslim who is able to go;
., ,4. The Organization of the Hajj is a series of activities that includes coaching, service, implementation and protection of the Hajj;
., ,5. Jemaah haji candidate was a Muslim citizen, eligible and has signed up to perform the pilgrimage in accordance with the provisions of this Act;
., ,6. Jemaah haji is the Congregation which is being or has been completed perform the pilgrimage Hajj season of the year in question;
., ,7. The cost of organizing the Hajj, which is called BPIH, next is the amount to be paid by the candidate's congregation of Hajj for Hajj;
., ,8. The construction of the ahji worship is a series of activities that includes lighting, illumination, and pembimbinganan about the Hajj;
., ,9. The Ministry of health is the examination, care, and maintenance of the Health Assembly candidate haji haji and the Congregation;
., .10. Hajj passport is a passport given to potential jemaah haji in the Hajj;
.,, 11. Accommodation is lodging place or pengasramaan as a temporary shelter at the time the Congregation of Hajj in the place of embarkation and/or in the place of debarkasi and lodging during your stay in Saudi Arabia;
., 12. Transport is the transport of jemaah haji started from a place of embarkation, while in Saudi Arabia, and repatriation back to the place of embarkation to the origin in Indonesia;
., 13. The Hajj season was a period of time set by the Government in the framework of the Organization of the Hajj;
.,, 14. A special Hajj Organizer is organizer of the pilgrimage with special service; 15. The worship of ' umrah is undertaken outside the umrah Hajj;.,,16. Dana Abadi Umat is the amount obtained from the results of the cost-efficiency of organizing Hajj and from other sources;
., General Agreement. The Minister is the Minister's scope of duties and tanggjawabnya covering the areas of religion.
Article 2 Any citizen of a Muslim has the right to perform the pilgrimage.

Article 3 the Government is obliged to do the construction, service, and protection by providing facilities, ease, security and convenience required by every citizen who perform the pilgrimage.

CHAPTER II the BASIS and PURPOSE of article 4 of the Organization of the Hajj based on asa Justice had the opportunity, protection and legal certainty in accordance with Pancasila and the 1945 Constitution.

Section 5 organization of Hajj aims to provide coaching, service and the best possible protection through the system and a good organization of the management so that the implementation of the Hajj can walk safely, orderly, smooth, and comfortable fit with guidance and the religion of the Congregation of the Hajj pilgrimage independently so that retrieved haji m.

ORGANIZING Chapter 6 CHAPTER III.,, (1) organizing the Hajj is a national duty and became the responsibility of the Government under the coordination of the Minister.
.,, (2) in carrying out the tasks referred to in paragraph (1), the Minister did the coordination and/or cooperation with the departments/agencies/relevant agencies and the Government of Saudi Arabia. (3) the organizer of the pilgrimage is the Government and/or the community.
.,, (4) the requirements of the organizers and the types of activities the Organization of the pilgrimage which can be implemented by the community as referred to in paragraph (3) subject to the decision of the Minister.
Article 7 Coordination of organizing Hajj was carried out: a. at the central level by the Minister;.,, b. at the regional level by the Governor/head area level 1 to the level of "walikotamadya" bupati/provinces and regencies to district level/municipality; c. in Saudi Arabia by the head of the representation of the Republic of Indonesia.

Article 8.,, (1) the Minister may establish the Committee organizer of the pilgrimage at the central level, at the local level, and in Saudi Arabia according to the needs.
.,, (2) in the framework of the Organization of the pilgrimage, the Minister appoints the officers operations accompanying the Congregation, consisting of:.,, a. Team Supervising the Hajj Indonesia, abbreviated TPIHI;

b. Health Team Indonesia's Hajj, which is abbreviated TKHI;

c. the Hajj Guide Team Indonesia, abbreviated TPHI.
CHAPTER IV the COST of ORGANIZING the HAJJ article 9.,, (1) the magnitude of BPIH set by the President upon the proposal of the Minister after obtaining the approval of the House of representatives of the Republic of Indonesia.
., BPIH, (2) referred to in subsection (1) is used for the purposes of organizing the pilgrimage. (3) Administering BPIH arranged with the Minister's decision.

Section 10.,, (1) the payment of BPIH done to account Ministers through Government banks and/or private banks appointed by the Minister after obtaining the Bank Indonesia Governor's consideration.
.,, (2) the receipt of payment of BPIH as mentioned in subsection (1) done having regard to the provisions of the quota has been set. (3) return on BPIH given to potential jemaah haji in terms of:.,, a. died before leaving for Hajj;

b. the limits of his departure due to health reasons or other reasons are valid.
.,, (4) the procedures for the repayment and the amount of the returned BPIH is set via the Minister's decision.
Section 11.,, (1) in the framework of the management of funds of the eternal People as stipulated in article 1 16 grains in a more empowered to and for the benefit of the people in order to succeed, the Government formed the Perpetual Funds Management People, chaired by the Minister.
.,, (2) Perpetual Funds Management the people referred to in subsection (1) consists of the Managing Board and the Supervisory Board, whose membership is defined by the President upon the proposal of the Minister. (3) the property management Fund of the eternal People have basic tasks:.,,.,, a. plans, organizes, manages funds of funds utilizing immortal people;
.,, b. delivered a report on the implementation of its work each year to the President and the House of representatives of the Republic of Indonesia.
.,, (4) the provisions concerning the implementation of the further tasks of the eternal People Fund Management established by the Minister.
Chapter V article 12 REGISTRATION.,, (1) any citizen who will perform the pilgrimage are required to register themselves to the agency designated by the Minister.
.,, (2) Ordinances and requirements as well as the registration period on each season of Hajj are set by the Minister.
Article 13 Arrangements overseas citizens wishing to perform the pilgrimage are governed further by a decision of the Minister.

Clause 14.,, (1) in the framework of setting national quotas, the Minister set a quota for each province having regard to the principles of Justice and proportionate.
.,, (2) the Governor/Chief Regional Coordinator as level I set a quota for the district/municipality.
.,, (3) in the case of the national quota is not met on the day of the closing of the registration, the Minister may extend the period of registration by using the free quotas nationally.
CHAPTER VI COACHING Article 15.,, (1) the Minister shall be obliged to establish patterns and procedures of coaching candidates the Congregation and Congregation of the Hajj.
.,, (2) the Minister is obligated to publish guidelines and rituals of the Hajj travel guides.
.,, (3) Coaching is done for the sake of safety, the smooth, orderly, and synagogue of Hajj as well as welfare for the sake of perfection of the Hajj without additional charge outside of BPIH.
CHAPTER VII HEALTH article 16

.,, (1) the construction and health services, either at the time of the preparation or the implementation of the Organization of the pilgrimage, undertaken by the Minister that the scope of the assignment and her responsibilities include health sector.
.,, (2) the execution of the tasks referred to in paragraph (1) are governed further by a Minister's scope of duties and her responsibilities include health sector.
CHAPTER VIII, article 17 of IMMIGRATION, (1) any citizen who will perform the pilgrimage Hajj Passport use issued by the Minister.
.,, (2) the Minister may designate officials to and/or on his behalf to sign the passport of the Hajj.
CHAPTER IX TRANSPORT Article 18 scope of ministerial duties and her responsibilities include coordinating the transportation field and responsible for the implementation of the Organization of transportation of jemaah haji which includes port of embarkation to the place of Saudi Arabia and repatriation to the place of embarkation to the origin in Indonesia.

Article 19 implementation of the Hajj in Saudi Arabia congregation transport under the coordination and responsibility of Ministers.

Article 20 implementing transport designation of jemaah haji performed by Ministers to pay attention to safety, efficiency, and convenience.

CHAPTER X STUFF section 22.,, (1) the Congregation of Hajj can bring stuff overseas and/or from abroad in accordance with the applicable provisions.
.,, (2) examination of the above stuff as mentioned in subsection (1) is done by the Minister that the scope of the assignment and her responsibilities include finance.
CHAPTER XI, section 22. ACCOMMODATION, (1) the Minister shall be obliged to provide accommodation for jemaah haji at no additional cost beyond the BPIH.
.,, (2) the provision of accommodation for the Congregation of the Hajj is done by observing the terms of the health, comfort, convenience, and security of the Congregation of Hajj and its belongings.
CHAPTER XII ORGANIZATION of SPECIAL HAJJ Article 23.,, (1) in an attempt to improve the Organization of the pilgrimage for people who need special services, can be held in a special Hajj services. (2) Organizing the pilgrimage Special set by the Minister.

Pasal 24.,, (1) Organizing Special Hajj obligatory fulfilling the following conditions:.,,.,, a. accept only the registration of candidates and serving the Congregation Hajj Hajj passport which uses; b. provide the officer supervising the worship and health;., c. report to representatives of the Republic of Indonesia in Saudi Arabia at the time of coming in Saudi Arabia and will return to Indonesia;
.,, d. sending and return its membership in accordance with the provisions of the Organization of the pilgrimage special agreements and agreed both sides covering the rights and obligations of each.
.,, (2) the provisions of the Organization of the Hajj is governed more by special decision of the Minister.
.,, (3) a special Pilgrimage Organisers do not implement the provisions as referred to in paragraph (1) may be subject to administrative sanction in the form of:.,, a. warning;

b. revocation providers;

c. the revocation effort.
CHAPTER XIII of ORGANIZING the JOURNEY WORSHIP UMRAH Article 25.,, (1) the journey worship umrah can be performed in individuals or groups. (2) the journey worship umrah can be:.,, a. taken care of himself; or b. are dealt with by the travel organiser worship ' umrah.
.,, (3) the travel Organizer worship umrah is the community and designated by the Minister.
Article 26 (1) organizers of the trips mandatory worship umrah:.,, a. provides the clerk supervisor of worship and health;.,, b. report to representatives of the Republic of Indonesia in Saudi Arabia at the time of coming in Saudi Arabia and will return to Indonesia;
.,, c. sending and return its membership in accordance with the provisions of the TRIPS Agreement and umrah worship agreed the two sides include the rights and obligations of each.
.,, (2) the provisions of the Organization of the journey worship umrah is governed more by the decision of the Minister.
.,, (3) the travel Organizer worship umrah does not implement the provisions as referred to in paragraph (1) may be subject to administrative saknsi be:.,, a. warning;

b. revocation providers;

c. the revocation effort.
CHAPTER XIV of the CRIMINAL PROVISIONS article 27.,, (1) Whoever intentionally act as payee BPIH referred to in article 10 paragraph (1) and/or act as a receiver registration candidate haji as stipulated in article 12 paragraph (1), but he is not entitled to it, was threatened with imprisonment of not longer than four years and/or a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).
.,, (2) Whoever intentionally acted as the organizer of the journey worship umrah by collecting and/or sent out congregation as stipulated in article 25 paragraph (3), whereas he was not entitled to it, was threatened with imprisonment of not longer than four years and/or a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).
Article 28.,, (1) a special pilgrimage Organisers do not implement the provisions as referred to in article 24 paragraph (1) was threatened with imprisonment of not longer than six years and/or a maximum fine of Rp RP 1,000,000 (one million rupiah).
.,, (2) travel Organizer worship umrah does not implement the provisions as referred to in article 26 paragraph (1) was threatened with imprisonment of not longer than six years and/or a maximum fine of Rp RP 1,000,000,000 (one billion dollars).
CHAPTER XV TRANSITIONAL PROVISIONS Article 29.,, (1) things that have not been provided for in this Act shall be instituted by the other regulations.
.,, (2) with the enactment of this Act, all the provisions on the Organization of the Hajj and umrah their service contrary to this law are declared inapplicable.
.,, (3) at the time of starting the enactment of this Act, the Ordinance of Hajj (Staatsblaad 1922 Ordonnantie Pelgrims Number 698) including all changes and enhancements are declared inapplicable.
CHAPTER XVI CLOSING PROVISIONS article 30 of this Act comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on 3 May 1999 the PRESIDENT of the Republic of INDONESIA, BACHARUDDIN JUSUF HABIBIE Enacted in Jakarta on 3 May 1999, the MINISTER of STATE SECRETARY of STATE of the REPUBLIC of INDONESIA an EXTRA SHEET of STATE AKBAR TANDJUNG RI No. 3832 (explanation of the 1999 State Gazette Number 53) EXPLANATION for the law of the Republic of INDONESIA NUMBER 5 of 1999 on the ORGANIZATION of the HAJJ i.., Hajj is the fifth Islamic tenets that must be implemented by Muslims who meet the criteria istitha'ah among other things, able to materially, physically, and mentally. To the people of Indonesia, the Organization of the Hajj is a national task because in addition to concerning the welfare of the lahir-batin Congregation of Hajj, also concerns the good name and dignity of the nation of Indonesia abroad, particularly in Saudi Arabia. Given the mass nature of the pelaksaannya and takes place in a limited period of time, the Organization of the Hajj requires good management so that the orderly, safe and smooth.
.,, An increase in the construction, service, and protection against jemaah haji attempted through the consummation management system and the Organization of the Hajj. Perfecting the management system and diamksudkan prospective so that jemaah haji/haji congregation more readily and independently in the Hajj in accordance with the guidance of religion, so that the retrieved haji m.
.,, The refinement and enhancement Efforts undertaken over the years in order not to repeat itself errors and/or omissions that occurred in previous periods.
.,, For the accomplishment of that purpose, required a conducive atmosphere for the residents who will carry out the pilgrimage. An atmosphere conducive to such could be achieved if the Organizer Hajj able to provide coaching, service, and protection to prospective jemaah haji haji and the Congregation. Coaching includes tutoring, counseling, and information, the Ministry include Ministry of administration, transportation, health, and accommodation.
., Protection covers Protection, safety and security, protection gained the opportunity to perform the pilgrimage, as well as the determination of reasonable BPIH by candidate jemaah haji.
.,, In connection with that, the organizer of the pilgrimage obligation to carry out the construction, service, and good protection by providing facilities and convenience required prospective jemaah haji/haji congregation.
.,, Considering the Organization of the Hajj is a national duty and concerns the dignity and good name of the United Nations, activities related to the Organization of the Hajj is the responsibility of the Government. Community participation in organizing the pilgrimage is part of which is inseparable from the management system and the Organization of the Hajj.
.,, Is closely related to the Organization of the Hajj is organizing the journey worship ' umrah. Considering the interest of the community to perform ' umrah is large enough and worship in order to provide the construction, service, and protection to potential congregation ' umrah and/or congregation of ' umrah, then this law also regulates the Organization of worship umrah trip.
.,, During this legislation regarding the Organization of the Hajj as listed in the Pelgrims Ordonnantie 1922, including changes and enhancements and Pelgrims Verordening in 1938, and the various regulations which set about organizing the Hajj and umrah travel holding of worship, among other things:.,, 1. The regulation of the President of Republic Indonesia No. 3 in 1960 about the conduct of the Affairs of the Hajj;

., ,2. The decision of the President of the Republic of Indonesia Number 112 of 1964 on the Organization of the Hajj Affairs in Interdepartemental;
., ,3. The decision of the President of the Republic of Indonesia number 22 1969 about the conduct of the Affairs of Hajj by the Government;
., ,4. The decision of the President of the Republic of Indonesia Number 53 of 1981 concerning the Organization of the Hajj Affairs;
., ,5. The decision of the President of the Republic of Indonesia Number 63 in 1983 about the Organization of the Journey Worship Umrah;
., ,6. The decision of the President of the Republic of Indonesia Number 62 in 1995 about the conduct of the Affairs of the Hajj;
., ,7. The decision of the President of the Republic of Indonesia Number 57 in 1996 on the Organization of the Journey Worship Umrah;
.,, was not in accordance with the circumstances and conditions, and the needs of the nation of Indonesia. Therefore, to guarantee the quality of construction, service and protection which is a fundamental need in organizing the Hajj and laws and regulations in force as long as it needs to be customized and upgraded into laws. Thus, the law on the Organization of pilgrimage it was time to be realized.

II. EXPLANATION of the ARTICLE for the SAKE of the ARTICLE, article 1, article 2 is quite clear.,, the implementation of the right to perform the pilgrimage is based on the principles of Justice and equity that is governed more by the decision of the Minister.

Section 3., pretty clear, article 4, article 5, clear enough, clear enough, article 6, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), the Government can form a governing body the Hajj according to the needs. Subsection (4), article 7, is clear enough, clear enough, article 8, paragraph (1), quite obviously, subsection (2), the letter a, letter b, quite clearly, the health Team, the appointment of Haji Indonesia conducted by the Minister upon the suggestion of the Minister that the scope of the assignment and her responsibilities include health sector. C., letters, quite clearly, article 9, paragraph (1), the approval of representatives of the Republic of Indonesia held every year by the Commission in the DPR-RI wing religion. Subsection (2), quite obviously, subsection (3), it is pretty clear, article 10, paragraph (1), the Minister, on account of the Minister was the Minister as an institution, which is in practice the Minister may appoint an environmental official in the duty and authority to act for and/or on his behalf.

Consideration by the Governor of Bank Indonesia intended in order to provide security assurance BPIH deposited by the candidates of the Congregation of the Hajj on the banks the Government and/or the designated national private banks so as to provide certainty of departure for prospective jemaah haji. Subsection (2),, is a national quota is the quota is the maximum limit of the number of jemaah haji Indonesia in the year in question. Paragraph (3).,, letter a.,, is the death before leaving for Hajj is died before embarkation tempata left towards Saudi Arabia. The letter b., when in a medical examination conducted at the time of leaving, the candidate turned out to be jemaah haji suffered an illness which is expected to be able to interfere with the execution of the Hajj or is in a State of pregnant, cancel his departure.

What is meant by cancel due to other reasons that legitimate diataranya because resign, giving a false identity, and/or blocked. Subsection (4), is quite clear, article 11, paragraph (1), the Minister, on account of the Minister was the Minister of Sepik and successfully in order for the benefit of the people is everything it can to support the progress and/or the welfare of the people, among others, in the field of education and Dawah, health, social, economic, and infrastructure development, as well as organizing the pilgrimage. Subsection (2), the order of Perpetual Funds Management membership Congregation made up of elements of the Government and the community.

Composition of the membership of the Board of Trustees consists of elements of society and Government.

The order Implementing Council membership consists of the elements of the Government.

The Minister needs to listen to the consideration of the institution or organization in order to propose membership property management Fund of the eternal people. Paragraph (3), the letter a, letter b, quite clearly, is the House of representatives of the Republic of Indonesia in this verse is a Commission in the DPR-RI wing religion. Subsection (4), is quite clear, article 12, paragraph (1), quite obviously, subsection (2), Article 13 clearly, enough, clear enough, Article 14, paragraph (1),, is a national quota is the maximum number of citizens who can register for Hajj in the year in question.

Who is the provincial quota is the maximum number of residents in a province that can be enlisted to perform the pilgrimage in the year in question.

Is the principle of Justice and proportionate in setting quotas province is the principle of the determination of the quota by the Minister having regard to the number of applicants in the previous years and the population in each province. Subsection (2), is a Regency/Municipality of quota is the maximum number of inhabitants on a district/municipality can register for Hajj in the year in question.

In setting the quota district/municipality, the Governor/Chief regional level I pay attention to the principles of Justice and proportionate, i.e., pay attention to the number of applicants in the previous years and the population in each district/municipality. Paragraph (3), the registration is, by using the free quota nationwide registration is not bound to mention on the provisions of the provincial quota and/or counties/municipalities in terms of national quota has not been met.

Article 15, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), it is pretty clear, article 16, paragraph (1), quite obviously, subsection (2), clearly Enough, article 17, paragraph (1), Hajj, passport is an official document issued by the Minister of State for citizens residing in the territory of Indonesia and apply to perform the pilgrimage.

The use of a passport other than the Hajj passport is possible for citizens who will perform the pilgrimage and the use of the Passport is subsequently governed by the Minister of national memperhaitkan with a fixed quota.

Indonesia nationals living abroad in a Hajj Passport using the passport in addition to the Hajj. Subsection (2), Article 18, clear enough, clear enough, article 19, article 20 is quite clear, quite clearly, Article 21, paragraph (1), quite obviously, subsection (2), clearly Enough, section 22, paragraph (1),, is a no additional cost outside of BPIH is no extra cost imposed upon the congregation the Hajj for accommodations because these costs are already included in the calculation of the BPIH component. Subsection (2), Article 23 is quite clear., paragraph (1), quite obviously, subsection (2), section 24, is quite clear., paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), Article is quite clear, 25, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), Article 26, is quite clear., paragraph (1), letter a, letter b, pretty clear.,, the report is intended to let Indonesia Republic Representatives in Saudi Arabia can know and supervise the travel organisers ' umrah until worship congregation umrah travel organizer actions protected from umrah not responsible. The letters c, a, pretty clear paragraph (2), quite obviously, subsection (3), it is pretty clear, article 27, Article 28, pretty clear., paragraph (1),, is a special Hajj Organizer is responsible, administrators and/or owners of the organizer of the pilgrimage is special. Paragraph (2).,, is the organizers ' umrah trip is the Superintendent and/or the owner of the travel organisers worship ' umrah.

Article 29, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), article 30, clear enough, clear enough,