Legal studies on the halal product certification institution in Indonesia after the enactment of the law on the halal product guarantee (original) (raw)

Regulation on the Implementation of Halal Product Assurance in Indonesia: Statute Approaches Study

Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam

This research was focused on the regulation of halal product assurance implementation in Indonesia on statute approaches study and the crucial issues associated with it. In the context of providing halal product assurance implementation, regulation is the basis of legality for all elements of the state in organizing the State. Before the emergence of the Halal Product assurance (JPH) Law, there were many regulations relating to the assurance of halal products. In forming a regulation, there are crucial issues/topics that suck up a lot of public attention, so that it can influence a policy that will be ratified. The conclusions of this research included; first, there were several crucial issues and topics related to the implementation of halal product assurance in Indonesia, they were; (1) halal certification/labeling; (2) mandatory (obligation) or voluntary in halal certification; (3) criminal provisions; and (4) halal product assurance management institutions. Second, halal product...

Regulation and Provisions for Supervision of Halal Products in Indonesia

Journal of Legal, Ethical and Regulatory Issues, 2019

This paper seeks to analyze the provisions and regulations applied in Indonesia in connection with the process of halal food procedures and supervision. This is motivated by the actual conditions that the industry and all its components must be more creative and responsive to accommodate changes in order to meet the increasing Muslim population demands on halal products in terms of quality, packaging, and other process standards. The global situation is rapidly changing, making the challenges faced also higher, among the noticeable current development is the need for regulation and provision in assesment and supervision of halal products. This condition demands a change of institutionalizing and supervising the products. For Indonesia, a halal certification and labelling requirement is necessary, because beside its large Muslim population, it is also one of the more recently established standards set by export destination countries. In the ASEAN neighborhood, Indonesia is the larges...

Role of Indonesian Council of Ulama in Halāl Certification and Product Guarantee

Journal of Islamic Thought and Civilization

The current research analysed the role of Indonesian Council of Ulama in halāl certification after the enactment of Law No. 33 of 2014. The Indonesian Council of Ulama is Indonesia’s peak clerical body with the authority to specify halāl and Harām fatwas of a product. It plays a crucial role in helping the government to assure halāl certification of the product before it is consumed. According to publicly available data, there are 85 percent of food, beverages, and cosmetic products with unidentified halāl certification circulating in Indonesia. Moreover, there are foods and beverages that put halāl label illegally without any halāl testing on the products. This issue may cause concern for Indonesian people, as majority of them are Muslims. The current study applied library research method to retrieve secondary data on halāl certification of food and beverages, which was in accordance with the Law No. 33 of 2014 on Halāl Product Guarantee. The study determined that the involvement o...

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.

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.

DISSECTING THE CONTENTS OF LAW OF INDONESIA ON HALAL PRODUCT ASSURANCE

Indonesia with its majority Moslem population and even the biggest Moslem nation in the world has obligations to its citizens to assure the halal products (halal) for consumption and/or use as a constitutional obligation to be enforceable and applicable. The constitutional obligation is granted in the form of legal certainty covering the halalness of all products either to those useable, consumed and/or utilized by the society. Upon the legalization and enactment of Law of the Republic of Indonesia Number 33 year 2014 regarding Halal Product Assurance is the evidence of constitutionally protection commitment. Having this Halal Product Assurance Law, the people may consume and/or use any products safely, pleasantly, securely and healthy, in addition to the increase of added value for Business Entities to product and sell Halal Products. Step to be taken now is how to prepare this Halal Product Assurance Law to become an effective law applicable and acceptable either by the community, business persons, or relevant institutions, or the correlation with the international community and business persons. Whereas, the presence of this LAW-HPA will generate rahmatan lil alamin (blessing for the universe) pursuant to the Islam characteristic and behavior and not create the chaotic or difficulties in the application.

Comparison of Halal Certification in Several Countries toward Halal Standard of Indonesia

2018

The issue of halal products is becoming an essential need to protect every individual Muslim in consumption over the world today. The issue of halal products is no longer solely a matter of religious affairs. Moreover, this issue has a major impact on the progress of economic sector in many countries. There are many halal certification bodies in various countries in the world. However, there is no halal standard which recognized and accepted by all Islamic countries or halal certifier bodies. Indonesia claimed that MUI’s (Indonesian Council of Ulama) standard is already accepted by many halal certifier bodies under WHFC (World Halal Food Council) organization. Meanwhile, Malaysian government also claimed that Malaysian halal standard also is already accepted by many halal certifier bodies as a halal standard under OIC (Organization of Islamic Countries). In fact, MUI should declare mutual recognition to Malaysian government in halal standard. This study aimed to analyze the full pic...

The Problems of Halal Certification Regarding Consumer Protection in Malaysia and Indonesia

Journal of Human Rights, Culture and Legal System, 2021

Halal certification is a form of the State's protection for Muslim society. Malaysia and Indonesia are two Muslim-majority countries. These two countries are concerned about providing a guarantee for the right of their people to obtain foods, drugs, and cosmetics following their Islamic beliefs. Therefore, they are to ensure halal certification as part of the efforts. In order to scrutinize the two countries' policies on halal products, this article aims to explore the problems of halal certification on consumer protection they face. This study applies a comparative approach. Data were collected by literature study in the related topics. The findings of this study conclude that, in terms of governance systems, halal certification performed by Malaysia is more organized and systematic than by Indonesia. The law enforcement of the Republic of Indonesia, compiled in Omnibus Law 2020, has a positive impact on the halal certification processes. However, it is not an appropriate g...

HALAL PRODUCT CONSTITUTION AS INDONESIAN MUSLIM SHIELD

2015

The stronger the legal basis of halal agencies, the more guaranteed halal products circulating in the community. As Indonesia is a country with a majority of Muslim population in the world, its products such as food, beverage, medicine and cosmetics that are produced and circulated should not be doubted about its halal status. However, with the rise of products containing haram ingredients as well as imported products that are not guaranteed as halal, it is necessary that the government establish an agency administering guaranteed halal products, moreover as we entered the era of global trade and the issue that government will legalize alcohol. After conducting a comparative study toward halal institutions in Europe, America and Asia, it is known that halal agencies sheltered under the government shows better performance than private institutions that do not have a strong legal basis.

The Government’s Role in Indonesian Halal Industry to Protect Muslim Consumer

Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia, 2022

The era of free trade makes Indonesia a destination in the trade of foreign products, thus halal certification is important in the distribution of food and medicine in Indonesia. For the Indonesian Muslim community, knowledge of halal and haram with regards to a product is critical. With halal label, the Muslim community can be sure which products they can consume, namely products that have and include a halal label on their packaging. The Muslim community must have the right to know whether a product has a halal label or not, especially every product distributed in Indonesia. The word 'guarantee' as stated in Article 29 paragraph (2) of the 1945 Constitution denotes support for protection and obligations at the same time, all of which require arrangements to be implemented in the form of legal action. Hence, constitutional guarantees describe the support, protection, and obligation of the state for the independence of every citizen to embrace and practice their belief according to their respective religions and this is carried out with all efforts to fulfil the rights, including the right to consume halal food for Muslims.