RECONSTRUCTION OF LEGAL PROTECTION FOR FOR HAJJ AND UMRAH APPLICANT IN INDONESIA BASED ON JUSTICE VALUE

The purpose of this study is to find and analyze the legal protection for Hajj and Umrah Applicant as it is yet based on the value of justice and To find out and analyze the reconstruction of legal protection for hajj and Umrah Applicant based on the value of justice. The approach method used is normative juridical. The type of legal research used is descriptive analysis. The approach applied to discuss the above problems through a statute approach, a case approach, a historical approach, a comparative approach and a conceptual approach.The results shows that the Legal Protection for Hajj and Umrah Applicant is still not yet Based on Justice Value because Law Number 13 of 2008 concerning the Implementation of Pilgrimage as amended by Law Number 34 of 2009 concerning the Establishment of Government Regulations in Lieu of Law Number 2 of 2009 concerning Amendments to Law No. 13/2008 concerning the Implementation of Pilgrimage to Law is not in accordance with the dynamics and legal needs of the community, so it is necessary to reconstruct the provisions in Law No. 8 of 2019 concerning Implementation of Hajj and Umrah In Article 48 reads (1) The amount of BPIH is determined by the President no later than 30 (thirty) days after the BPIH proposal receives approval from the DPR RI. (2) The amount of BPIH as referred to in paragraph (1) sourced from Bipih (Hajj Cost), Benefit Value, Efficiency Fund, and / or other valid sources based on the provisions of the legislation is determined by the President upon the proposal of the Minister after obtaining approval from the DPR RI. (3) The amount of BPIH as referred to in paragraph (1) sourced from the state income and expenditure budget shall be determined in accordance with the mechanism of the statutory provisions, Article 49 reads (1) Payment of pilgrims deposit includes: a. initial deposit funds of Bipih; and b. Bipih settlement payment funds. (2) Payment of the pilgrimage deposit as referred to in paragraph (1) is deposited into the account of the Hajj Financial Management Agency at BPS Bipih. (3) The amount of payment for the initial deposit of Bipih as referred to in paragraph (1) letter a is determined by the Minister. (4) Funds for Bipih settlement as referred to in paragraph (1) letter b shall be made after the amount of Bipih is determined by the President, Article 50 reads (1) Bipih that has been deposited through BPS Bipih is returned together with the Benefit Value if: a. the portion is not utilized by the heirs of the Hajj Pilgrims who died before leaving for the Hajj; b. Hajj Pilgrims who cancel their departure for a valid reason; or c. The Hajj are canceled for legal reasons. (2) Returns of Bipih as referred to in paragraph (1) are given to the Pilgrims, the person authorized, or their heirs. (3) Hajj pilgrims whose departure is canceled as referred to in paragraph (1) letter c, must receive written notice from the Minister. (4) Return of Bipih as referred to in paragraph (1) shall be given no later than 30 (thirty) days from the time the Hajj Congregation has died, canceled his departure for reasons outside of his force, or canceled his departure by his own.