Legal Liability of Umrah Organisers for Losses Suffered by Pilgrims (Study of District Court Decision No. 490/Pid.B/2025/PN PTK)

Abstract

The rapid growth of the umrah travel industry in Indonesia has increased the risk of legal disputes between pilgrims and travel organizers, particularly in cases involving fraud, failed departures, and mismanagement of pilgrims’ funds. Several high-profile cases demonstrate weaknesses in regulatory supervision and consumer protection mechanisms in the pilgrimage travel sector. This study examines the legal relationship between pilgrims and umrah organizers and analyzes the legal responsibilities of organizers when pilgrims suffer losses. The research uses a normative legal method with a descriptive qualitative approach. The study applies statutory and case approaches by analyzing relevant legislation and District Court Decision No. 490/Pid.B/2025/PN Ptk. Legal materials consist of primary, secondary, and tertiary sources collected through library research and analyzed using grammatical, systematic, and teleological interpretation methods. The results show that the legal relationship between pilgrims and umrah organizers is contractual, based on a religious travel service agreement. Failure to deliver promised services constitutes a breach of contract that entitles pilgrims to seek compensation. The case analysis reveals that organizers may also bear criminal liability when fraudulent practices occur, as demonstrated by the court’s decision sentencing the offender to four years’ imprisonment for collecting funds without realizing the promised pilgrimage services. The study concludes that the legal responsibility of umrah organizers is multidimensional, encompassing contractual, administrative, criminal, and ethical obligations. Strengthening regulatory supervision, transparency, and dispute resolution mechanisms is essential to ensure effective legal protection for pilgrims.