Fahri Bachmid: Prabowo Can Issue Perppu on Hajj Flight Subsidies of Rp1.77 Trillion

JAKARTA - Expert in State Law at the University of Muslim Indonesia, Dr. Fahri Bachmid, assessed that President Prabowo Subianto has a constitutional basis to issue a Government Regulation in Lieu of Law (Perppu) to allocate a budget of around IDR 1.77 trillion from the State Budget as a subsidy for the cost of the 2026 Hajj flight.

According to Fahri, this step can be taken as a response to the surge in jet fuel prices and fluctuations in the dollar exchange rate which have an impact on the increase in the cost of transportation for pilgrims.

He explained that the Perppu is a legal instrument that allows the government to take quick steps in urgent or *extraordinary* situations, when existing regulations are considered no longer adequate.

"Perppu is a constitutional legal product of the president to respond to urgent objective conditions. The state must not allow the congregation to be victims of rising costs triggered by external factors," said Fahri, Saturday (18/4).

Fahri referred to the Constitutional Court's Decision Number 138/PUU-VII/2009 which stipulates three conditions for "compelling urgency" as the basis for issuing the Perppu. First, there is an urgent need to resolve legal issues quickly. Second, there is a vacancy or inadequacy of laws in addressing existing conditions. Third, it is impossible to solve the problem through the ordinary legislative mechanism in a short time.

He assessed that these three parameters have the potential to be fulfilled in the context of current Hajj financing, especially if Law Number 14 of 2025 concerning the Implementation of the Hajj and Umrah is no longer able to anticipate global economic dynamics.

"The Perppu opens up space for the government to adjust the financing scheme, including offsetting the increase in flight costs through the state budget," he said.

Constitutionally, Fahri added, the authority to issue Perppu is regulated in Article 22 paragraphs (1), (2), and (3) of the 1945 Constitution which is based on the principle of the law of emergency (staatnoodrecht).

However, he reminded that the use of this authority should be carried out carefully and measured, based on objective conditions and calculations that can be held accountable academically.

"The legitimacy of the Perppu must be strong, both philosophically and sociologically, so that this policy really answers the public's needs," he said.