Religious Freedom and Hajj Quota Redistribution in Indonesia: Lessons from Malaysia

Abstract

This study analyzes Hajj quota allocation from the perspective of the constitutional right to freedom of religion, as guaranteed by Article 28E, Paragraph (1), and Article 29 of the 1945 Constitution, as well as international human rights instruments. To date, there have been very few studies that frame the management of Hajj quotas as part of the state’s positive obligation to guarantee freedom of religion. To address this gap, the researcher employs a constitutional rights approach and a human rights-based approach using a normative legal methodology through an analysis of legislation, Constitutional Court rulings, and international human rights standards. The research findings indicate that transferring Hajj quotas without a clear legal basis and without pilgrims' consent violates the principles of legality, accountability, non-discrimination, and justice, and reflects political and economic interests that disregard good governance. This study expands the scope of constitutional law by affirming that managing Hajj quotas constitutes a positive obligation of the state to guarantee freedom of religion. Thus, transferring Hajj quotas contradicts the principle of constitutional governance and the state’s obligation to protect human rights. Consequently, this study advocates strengthening regulations, establishing independent oversight mechanisms, and enhancing judicial review of Hajj administrative policies to ensure that Hajj administration remains consistent with the protection of citizens’ constitutional rights.