RECONSTRUCTION OF THE POLICY OF HAJJ IMPLEMENTATION IN THE CONTEXT OF LEGAL PROTECTION TO THE INTEREST OF HAJJ PILGRIMS

Asrori, Hudi (2011) RECONSTRUCTION OF THE POLICY OF HAJJ IMPLEMENTATION IN THE CONTEXT OF LEGAL PROTECTION TO THE INTEREST OF HAJJ PILGRIMS. PhD thesis, Universitas Diponegoro.

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    Abstract

    The policy of the hajj implementation in Actno. 13 Year 2008 have not provided guarantee slegal protectionagainst theinterest ofHajj pilgrims. Policy in positive law applies the principle iedereen wordt geacht de wet te kennen. The substance of a regulation are often incomplete, unclear, doesn’t regulate or not regulate in accordance with community justice. The problems are, why the policy of the hajj implementation can not provided guarantee slegal protectionagainst theinterest of hajj pilgrims, and how the reconstruction of the hajj implementation which can provide legal protection to the interest of hajj pilgrims. The research aims to find the arguments and evidence why the policy of Hajj implementation can not give legal protection to the interests of hajj pilgrims and the attempt to reconstruct the policy. The results of the research are expected to contribute alternative ideas about policy of the hajj implementation. The qualitative-constructivism paradigm with socio legal approach used to assess law as relative and contextual consensus and law as experiential realities. Hermeneuti can do phenomenological methods used to collect, reduce, verify and present the data. To the phenomenon of research findings, used the micro theory,they are theory of Public Policy, Progressive Legal Theory and the Symbolic Interactionism theory. Analysis of macro phenomena used the Legal Work and Cybernetic Theory. The final goal is a new construction of policy of the hajj implementation in the context of the legal protection to the interest of hajj pilgrims. The results of the research showed that, the substances of the policy of hajj implementation have not given guarantees legal protection against the interest of hajj pilgrims, such as: hajj organizer shave a strong hegemony because it serves as the regulator as well as operators that may affect the legal protection of the interests of hajj pilgrims; legal protection of hajj pilgrims has formal legal character so it doesn’t give full legal protection to the interest of hajj pilgrims in the financial sector, the rituals of hajj, the bureaucracy public participation and security; new construction on the policy of hajj implementation in the context of the legal protection to the interests of hajj pilgrims include regulatory and institutional holistically. Based onthis conclusionit is recommended that the President reviewed the implementation of the policy of hajj implementation, especially in terms of separation of regulator and operator functions. [Keywords: Public Policy, Hajj Implementation, Socio Legal, Reconstruction.]

    Item Type: Thesis (PhD)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum
    Fakultas Hukum > Ilmu Hukum
    Depositing User: Aji Kurniawan
    Date Deposited: 10 Jul 2013 14:21
    Last Modified: 10 Jul 2013 14:21
    URI: https://eprints.uns.ac.id/id/eprint/1822

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