Toward Sustainable And Ethical Governance Of Religious Tourism: A Sharia Economic Law Approach To Umrah Service Enforcement In Indonesia

Abstract

The governance of Umrah pilgrimage services in Indonesia, particularly in West Java, has faced persistent challenges due to regulatory inconsistencies, weak institutional enforcement, and rising cases of consumer fraud. Despite the existence of Law No. 8 of 2019 and related ministerial regulations, their implementation remains ineffective in curbing the proliferation of unlicensed Umrah providers. This study aims to examine the enforcement dynamics of Umrah service governance through the lens of Sharia Economic Law (HES), focusing on ethical principles such as justice ('adl), trust (amanah), and public welfare (maslahah). Employing a juridical-empirical approach, data were collected through document analysis, in-depth interviews with key stakeholders, and field observations in West Java. The findings reveal significant gaps between normative legal frameworks and operational practices, driven by low legal awareness, insufficient institutional capacity, and the commodification of religious services. Furthermore, the current enforcement model is largely procedural, lacking integration with Sharia-based ethical governance. This study proposes a hybrid enforcement framework that combines statutory instruments with the normative values of HES, aiming to enhance institutional legitimacy, consumer protection, and ethical accountability. The proposed model contributes to the broader discourse on sustainable and inclusive governance in religious tourism, offering policy relevance for other Muslim-majority societies facing similar regulatory challenges.