The Relationship between Agents and Structures in Changing the Authority of Halal Certificates in Indonesia (original) (raw)
Related papers
2021
The emergence of the issue of halal products, both in the form of food and services, has also led to competition regarding the certification of halal products. Studies on competition between certification bodies have been carried out, but these studies do not focus on the competition that occurs in Southeast Asian countries, including Indonesia which is a big market for the halal industry. In Indonesia, the implementation of the regulation of Halal Product Guarantee (HPG) in Law No. 33 2014 still raises problems, including the related issue of inter-organizational relations. This article discusses the relations between organizations based on the interpretation of each party related to the Halal Product Guarantee policy, and the consequences arising from it. This article used new institutional theory, and a semiotics approach as analysis of verbal signs and gestures raised by each of the parties. This article argued that the interpretations of each organizational actor towards the ne...
Bureaucratic Reform in The Area of Legislations: A Study on Halal Product Guarantee Law
2021
Bureaucratic reform in the area of halal product legislation in Indonesia is important because Indonesia's population with a majority of Muslims (87.2%) makes the need for halal products very large. It is necessary to guarantee halal products that enter or circulate in Indonesia. Guarantee of halal products in Indonesia is regulated by the Law No. 33/2014 on Halal Product Guarantee (Halal Product Guarantee Law). The aim of this research is to analyses bureaucratic reform in the area of halal product legislation in Indonesia. By using qualitative methods, the data in this study were obtained by in-depth interviews and literature studies. This research founds that before the Halal Product Guarantee Law was passed, there were many laws and regulations that had long been used to regulate the circulation of halal products. Unfortunately, these regulations are not systemically made, overlapping, partial, and inconsistent. One of the areas of bureaucratic reform in Presidential Regulat...
Halal Governance in Indonesia: Theory, Current Practices, and Related Issues
Journal of Islamic Monetary Economics and Finance, 2019
Considering Indonesia’s target to lead halal industry worldwide, the discussionupon the current practices of halal governance in the country is critical to get into acomprehensive insight. Several major drawbacks within the previous studies on thistopic is found along the followings. There has never been a study that has specificallydiscussed the term of halal governance substantively or comprehensively investigatedthe subject matters in Indonesia. Driven by this gap, we set out to review halalgovernance practices in Indonesia by employing a qualitative method of documentary.In doing so, the present paper firstly discusses the substantive materials upon linesof defense in halal governance that covers the four themes, which the present paperparticularly reviews as the current practices in Indonesia. From the present discussion,this paper offers the novelty on the explanation of lines of defense in halal governance,and that of the current practices in Indonesia along with the related ...
2021
This study presents a new perspective on the relationship between traditional leadership and fatwa/ Islamic law decree of the Indonesian Council of Ulama concerning halal (Muslim law approved) products. Focusing on the system of ulama leadership, model of leadership, and fatwa of halal products, this study used a qualitative approach of ethnographic methods. By taking the authority of the Indonesian Council of Ulama as the object of study, it was found that the traditional leadership could perform an effective function of maintaining the fatwa of halal products as an Islamic legal system applied to both traditionalist and modernist Muslim societies. In this context, the Ulama Council as a tribal authority of traditionalist and modernist ulama, Muslim scientist, and their lineage was based on the ties of the Islamic original system concerning ulama as the inheritors of prophet legacy (warasatul anibiya') in the leadership form of coalition or jami'ah.
The Shifting of Halal Certification System in Indonesia: From Society-Centric To State-Centric
MIMBAR : Jurnal Sosial dan Pembangunan, 2019
The aim of this paper is to describe the shifting of halal certification system in Indonesia, which previously tended to be society-centric towards state-centric. The needs of domestic consumers for a legally strong halal assurance system and the spread of global halal trend encourage the birth of Law Number 33 of 2014. The law makes halal certification compulsory rather than voluntary, in which the control conducted by the arrangements of LPPOM MUI is shifted to the superintendence of the Ministry of Religion through Badan Penyelenggara Jaminan Produk Halal (BPJPH)/ Halal Product Guarantee Agency. This research uses a qualitative method, in which the data gathered from semi-structured interviews and studies of literature. The research result shows that the system of state-centric halal certification has more benefits than that of the societycentric system that was previously applied in Indonesia. However, it could not be proven yet since the new system has not been implemented and the supporting infrastructures have not actually been ready to operate.
Indonesia Law Review, 2020
This study aims to examine the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia. The issue raised concerns opinions on or accusations of the Halal Product Guarantee Act of Indonesia reflecting authoritarianism and threatening human rights, specifically, religious beliefs. Furthermore, the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia states efforts to impose a single interpretation of the provisions in Islamic law. In this study, we investigate the validity of these allegations using a statute and conceptual approach. In this research, we determine that the claim of authoritarianism in the Halal Product Guarantee Law of Indonesia is false. In principle, the Halal Product Guarantee Act does not prohibit the circulation of haram products and thus does not violate the rights of nonMuslims. In addition, centralization of the Indonesian Ulema Council’s authority on the interpretation of halal provisions for a product is necessa...
The Transformation of Halal Certification Regulations in Indonesia
JURNAL EKONOMI SYARIAH
Introduction to The Problem: Prior to the formation of BPJPH, LPPOM-MUI had a central role in supervising and providing halal certification. However, as time goes by, demands for halal certification regulations are increasingly complex and dynamic. Therefore, the government established BPJPH as the new authority responsible for the regulation of halal certification.Purpose/Objective Study: This study aims to investigate and analyze the development of halal regulations in Indonesia from the establishment of LPPOM-MUI to the formation of BPJPH. The focus of this research is to understand policy changes, the transition process, and the impact of this transition on halal certification in Indonesia.Design/Methodology/Approach: This study uses descriptive analysis methods and historical approaches to trace the development of halal regulations in Indonesia. The data was obtained through a review of official documents, policies, regulations, and related literature.Findings: The results of t...
Intermestic Factors of Indonesia’s Halal Certification
2021
The halal industry has become a thoughtful concern not only in Muslim countries but also the world. In Indonesia, the halal certification has been reinforced by Act number 33/2014 on halal guarantee products, which, among other things, requires all products to enter Indonesia to be halal certified. Several countries raised this mandatory halal certification at the World Trade Organization (WTO) sessions and Dispute Settlement Body Panel considering that as unnecessarily restrictive trade barriers. On the other hand, the implementation of the halal law is also constrained domestically. This paper discusses the interrelationship between the domestic and international dynamics of Indonesia's halal law enactment. This research using a qualitative approach collects data from literature reviews and online interviews with several authoritative parties both at home (government, parliament, halal NGO, and business associations) and abroad (Indonesian Embassies and halal certification bodies in European countries). By deploying an intermestic (international-domestic) approach, this research finds that the dynamic process of halal law implementation in Indonesia has a significant effect internationally. The international dynamic could also arguably jeopardize the implementation of halal law domestically. This study sees the intermestic factors of halal certification that need to be realized by domestic policy makers so that the halal guarantee products and certification run synergistically with domestic and international conditions.
Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia
Al-Manahij: Jurnal Kajian Hukum Islam, 2020
This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusa...
THE ROLE OF INDONESIAN ULEMA COUNCIL ON HALAL CERTIFICATION POST- ISSUANCE OF LAW NO. 33 OF 2014
The issuance of the law of republic of Indonesia No. 33 of 2014 concerning on Halal Product Assurance has impacted on the role of Indonesian Ulema Council in issuing halal certificate. This research focuses on the regulations of the law and the roles of Indonesian Ulema Council in Halal certification upon the issuance of the law. Regulations constituted in the law shall be studied further regarding halal assurance which is very mandatory for Muslim in Indonesia. An analysis of statute approach is employed to sharpen this study in achieving its objectives. The study on this topic is essential due to Indonesia, with Muslim societies as the majority of the state, have the freedom of religions that should be guaranteed by the state. The issuance of the law has significantly impacted to the role of Indonesian Ulema Council in halal certification by establishing a new government agency to be in charge of halal and related matters. This study contributes as an academic guidance on issues related to halal certification process in Indonesia upon the issuance of the law by examining whether or not the issuance of the law no. 33 of 2014 has put aside the authority of Indonesian Ulema Council regarding halal matters. It is necessary to know how the role of Indonesian Ulema Council regarding halal matters as constituted by the law due to its authority over halal matters which has been with it for more than twenty years.