CRIMINAL LAW REVIEW OF CRIMINAL ACTS OF FRAUD IN HAJJ AND UMRAH TRAVEL

Abstract

Fraud in the organization of Hajj and Umrah travel in Indonesia has become a recurring and alarming legal issue. As one of the countries with the largest Muslim population, Indonesia sees a growing interest in Hajj and Umrah pilgrimages. However, this demand is often exploited by unscrupulous travel agencies that offer low-cost pilgrimage packages without fulfilling their obligations. This study aims to examine the enforcement of criminal law against fraud perpetrators in the Hajj and Umrah travel sector and to analyze the objectives of criminal sentencing in such cases. The research employs a normative juridical method with a statutory and case approach, focusing on two court decisions: Bontang District Court Decision No. 91/Pid.B/2019 and Palangka Raya District Court Decision No. 313/Pid.Sus/2023. The findings indicate weaknesses in the criminal justice process, including inappropriate prosecutorial demands and judges' lenient verdicts, which fail to reflect the severity of the offenses. Moreover, the sentencing does not effectively implement the purposes of punishment as described in both absolute (retributive) and relative (preventive) theories. As a result, the punishments imposed lack deterrent power and do not provide sufficient justice for the victims.