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All Journal Journal Evidence Of Law Jurnal Greenation Sosial dan Politik
Aljawi, Muhammad Farid
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonization of National and International Law in the Utilization of AI for the Organization of Hajj A Collaborative Study Between the Governments of Indonesia and Saudi Arabia in Hajj Technology Systems Aljawi, Muhammad Farid; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.356

Abstract

The annual Hajj pilgrimage presents significant logistical challenges, increasingly addressed through Artificial Intelligence (AI) by the Kingdom of Saudi Arabia, often in collaboration with countries like Indonesia, which sends the largest contingent of pilgrims. This study examines the complex legal landscape surrounding the use of AI in Hajj organization, focusing on the need for harmonization between Indonesian national law (including Law No. 27/2022 on Personal Data Protection and Law No. 8/2019 on Hajj/Umrah), Saudi Arabian law (including the Personal Data Protection Law and SDAIA AI guidelines), and relevant international frameworks (AI ethics, data protection, human rights). Using a qualitative methodology based on secondary data analysis, this paper identifies key AI applications in Hajj, analyzes existing Indonesia-Saudi collaborative efforts, and evaluates points of conflict and convergence between the respective legal regimes. Findings highlight significant challenges in areas such as cross-border data transfer, sensitive data processing, algorithmic bias, and accountability. The study concludes by recommending pathways towards legal harmonization to ensure ethical, rights-respecting, and efficient AI deployment in managing the Hajj, fostering continued collaboration between Indonesia and Saudi Arabia.
Harmonisation of Islamic Law and National Law in Implementasion of Hajj and Umrah in Indonesia Aljawi, Muhammad Farid; Hoesein, Zaenal Arifin
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1720

Abstract

Hajj and umrah are among the main pillars of Islam, and have complex spiritual, social and legal aspects. As the country with the largest number of pilgrims in the world, Indonesia faces many problems in organising the hajj and umrah. In this situation, it is very important to harmonise Islamic law, which serves as the basis for religious norms, with national law, which serves as a tool for the state to protect, provide services and supervise. To investigate the synchronisation between the two legal systems, this study uses a normative juridical approach, employing legislative and conceptual perspectives. The results of the analysis show that although most Sharia principles have been incorporated into national law, particularly Law No. 8 of 2019 on the Implementation of Hajj and Umrah, there are still several problems in their application. Limited quotas for Hajj, mismatched services between regular and special Hajj, and commercial practices that harm pilgrims are some of the main problems. Many previous studies have concentrated on the normative aspects of Islamic law or the administrative aspects of national law, but few have examined both comprehensively. In this article, a model of legal harmonisation based on substantive justice that emphasises legal certainty and the protection of pilgrims' rights is intended to fill this gap. This study has two benefits: theoretically, it offers a conceptual framework for the integration of Islamic law and national law in the implementation of the Hajj and Umrah pilgrimages; and practically, it offers policy recommendations to help the government strengthen Hajj governance that focuses on pilgrim protection. Therefore, this article argues that legal harmonisation is a prudent way to achieve a more equitable, transparent, and substantively just administration of the Hajj and Umrah in Indonesia.
Co-Authors Faisal Santiago, Faisal Hoesein, Zaenal Arifin