Kajian Hukum Penyelenggaraan Perjalanan Ibadah Umrah Tanpa Izin dalam Perspektif Kriminologi (Studi Putusan Pengadilan Negeri Medan Nomor: 1216/Pid.B/2019/PN.Mdn)

Abstract

The purpose of this study is to: examine and analyze the causes of the implementation of the Umrah pilgrimage without a permit and to examine and analyze how the criminal law policy is in the implementation of the Umrah pilgrimage without a permit. The approach that will be applied in this study is by using the normative approach method (Legal Research), namely the Statute Approach and the case approach method (Case Approach) with a qualitative method. The results of the study indicate that there are several things that underlie the implementation of the Umrah pilgrimage without a permit, especially because of the factor of deviation in 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 meet their life needs in ways that are considered easier and faster; the pressure of high living costs; difficulty in finding a better income so that they take shortcuts; families who know about this incident (in this case the husband) but do not give a warning that the act is wrong; and the opportunity created due to the large number of Muslims in Indonesia who want to perform the Umrah pilgrimage. The criminal law policy in an effort to overcome the implementation of the Umrah pilgrimage without a permit from non-penal and penal policies. This non-penal policy can be carried out by preventing crime in the form of administrative sanctions such as warnings, fines, freezing of business permits and revocation of business permits, in addition, preventive efforts can also be made by providing socialization regarding officially registered PPIUs and conducting massive news coverage about the rampant criminal acts, especially the organization of umrah trips without permission. Penal policy is a criminal sanction/punishment that emphasizes more on corporal punishment.