Legal Study of Organizing Umrah Pilgrimage Trips Without Permits from a Criminological Perspective (Study of Medan District Court Decision Number: 1216/Pid.B/2019/PN.Mdn)

Abstract

The aim of this research is to: examine and analyze the causes of organizing Umrah pilgrimage trips without permission and to examine and analyze the criminal law policy in organizing Umrah pilgrimage trips without permission. The approach that will be applied in this research uses a normative approach (Legal Research), namely the Statute Approach and the case approach with qualitative methods. The results of the research show that there are several reasons behind the implementation of the Umrah pilgrimage without permission, especially due to the factor of deviation from legal behavior, which is a person's ability to restrain themselves from achieving their needs by violating the norms that apply in society, the factor of the desire to fulfill their daily needs by means of -a method that is considered easier and faster; the pressure of high living needs; difficulty in finding a better income so they take shortcuts; the family knows about this incident (in this case the husband) but does not give a warning that the action is wrong; and the opportunities created due to the large number of Muslim communities in Indonesia who want to undertake the Umrah pilgrimage. The criminal law policy is an effort to deal with organizers of Umrah pilgrimages without permission from non-penal and penal policies. This non-penal policy can be implemented with crime prevention efforts in the form of administrative sanctions such as warnings, fines, freezing of business permits and revocation of business permits, apart from that, preventive efforts can also be carried out by providing socialization regarding officially registered PPIU and carrying out massive reporting about the rise of criminal acts. especially organizing Umrah trips without permission. Penal policy is a criminal sanction/punishment that places greater emphasis on corporal sanctions.