Law Propublik Hajj?

Organizing the implementation PILGRIM has long become an important invite the attention of many people. Attention is mainly on issues of the votes less than optimal. The growing criticism over the implementation of pilgrimage is not without reason. Cases related to the implementation and maintenance of this pilgrimage and then raise the sharp criticism not only questioned the level of professionalism of management, but also encourage the birth of the various views that may require changes in the pattern of implementation during this pilgrimage, which has the authority to the Ministry of Religious Affairs. Some community response impressed override other aspects of the pilgrimage, the device compares the invitation that rarely well.

Mentioned the fact that Law No. 17 Hajj 1999 is beginning the process of government efforts in making improvements and changes of the pilgrimage. However, within 10 years after the process of political reform progress, the PILGRIM less impressed still meet the aspirations of the reform, particularly in the aspects of efficiency and effectiveness of services, protection, and justice in berhaji. Yet again the issue of transparency and accountability of public services pilgrimage, which always get the shaft.

Along with these demands, the government actually has to do with the initiative to submit the draft law perhajian since 2006. After discussion in the hearings (hearing) the House of Representatives Commission VIII progress in the time range for 2 years and 5 months, since 28 April 2008 Hajj Tax Act 17 of 1999 officially replaced by Law No. 13 of 2008 on the Organization of Worship Hajj. As an improvement from the previous law, Law No. 13 of 2008 has some design modifications of the pilgrimage, which put the principle of fairness, professionalism, accountability and the principles of non-profit.

As is known, Law No. 13 of 2008 contains a Chapter 17 with 69 articles, while Law No. 17 of 1999 Chapter 16 contains 30 articles. Identification of some of the differences between the Law No. 13 Year 2008 and Law No. 17 of 1999 must be prepared and disseminated by following the pattern of changes in the definition. For example, Article 7, which must be translated in the form of government regulation, 1 article in the Presidential Regulation, 14 articles in the form of the Minister of Religious Affairs Regulations, and Article 1 to the Regulation in the scheme.



Three Sensitive Issues

Three issues are sensitive in the Hajj Law No. 13 Year 2008 is on the Management Asset Management and Development of the cost of PILGRIM (BPIH), management of funds eternal nation (DAU), and the new body which will oversee the implementation of the PILGRIM, namely Hajj Commission of the Philippines (KPHI). The three issues that need extra attention, especially from the way the Ministry of Religious Affairs to formulate the objectives, indicators and mechanisms for the management of funds and institutions in the implementation of the scheme in accordance with the law.

About BPIH management, if there is a good idea to the Ministry of Law No. 17 of 2003 on State Finance, especially Article 2 paragraph h and i. It is intended that all of the planning process to fund the implementation of the BPIH can be controlled by the public. In addition, the scheme accountability also become easier because almost all the Nomenclature and the terminology used in the State Finance Law fit with the country's financial system checks. Unlike what happened during this, when the funds are used without reference BPIH adequate.

DAU also be similar management, namely the mechanisms stipulated in the State Finance Law. In addition, the Ministry of Religious Affairs should also be sensitive in preparing the criteria, requirements, procedures and the use of the DAU. There is a good idea if the DAU as the amount used for efforts to increase the quality of construction, services, and protection of Hajj congregation, particularly the process of development and services pascahaji who impressed during this ignored.

In addition, in order to answer criticism about the central role of the Ministry of Religious Affairs as well as the regulator of the Hajj operators, in the law that established several new articles on the KPHI as independent and autonomous. Institutions will be appointed president with the consent of the House of Representatives, and working full time to perform functions such as supervision of the monitoring, evaluation, technical assistance, and provide recommendations on the implementation of improvement efforts pilgrimage. The role of the Ministry of Religious Affairs in preparing and formulating the tasks, functions and procedures of appointment and dismissal member commission that will reflect whether the Department of Religion in the pro reform and changes or not.

If the third issue is managed well in a management framework which is transparent and accountable, as a public policy pilgrimage is expected to be implemented in accordance with the principle and purpose, as diterakan in Law No. 13 Year 2008. Therefore, the management framework of the policy of religious pilgrimage, which will be elaborated in the law, their children form of Government Regulation, Presidential Regulation, the Minister of Religious Affairs Regulations, and the Regulation must rely on the principle and goal.

As a form of public service in the area, Haji moment of the inception of a new law that can be used to create the Department of Religious strong social capital in the midst of the community. Strong social capital can be created if the implementation and management of the pilgrimage can increase trust, kohesifitas, altruisme, mutual assistance, networking, collaboration and social (Blakeley and Suggate, 1997). In the language of Fukuyama and Putnam, a public policy imperative to create social capital as a capability arising from the trust (Trust) in a community (Spellerberg, 1997). As well as the financial capital, social capital can only be seen as resources that can be used for efforts to repair process, service, protection and pilgrimage to the front.



By A Baedowi, staff at the Directorate General of Phu-Theft
Source www.media-indonesia.com