Divergent Interpretations and Inter-Organizational Relations of Halal Product Guarantee Policy in Indonesia (original) (raw)

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.

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 ...

The Relationship between Agents and Structures in Changing the Authority of Halal Certificates in Indonesia

Jurnal Fuaduna : Jurnal Kajian Keagamaan dan Kemasyarakatan

The existence of Law No. 33 of 2014, which contains changes in the authority of halal certificates ­from the Indonesian Ulama Council (MUI) to the Halal Product Guarantee Agency (BPJPH), has created a polemic in society. Halal certificate, which was previously voluntary, has now become mandatory. This change in authority raises polemics. The civil society and business actors as agents and the JPH Law as a structure are the basis for the relationship between agents and structures in reconciling this polemic. Giddens' theory, which conceptualizes the duality between agents and structures, can be a useful analysis to reconcile these issues. This study aims to analyze the relationship between agents and structures in the change of authority and explain the duality between agents and structures from the perspective of structuration theory. This type of research is qualitative by using an interpretative approach to the core object of the problem in the study. The result of this study ...

Halal Certification in Government and Non-Governmental Organizations: A Comparative Analysis of Indonesia, Malaysia, and Thailand

Jurnal Cita Hukum, 2022

The enactment of Law Number 33 of 2014 concerning Halal Product Assurance (JPH) changed the implementation of Halal Certification in Indonesia where halal certification which had been carried out by MUI for 30 years (since 1989) changed to the Halal Product Assurance Organizing Agency (BPJPH) of the Ministry of Religion of the Republic of Indonesia. With this provision, a new era in the administration of Halal Product Guarantee by the government begins. This research uses qualitative research with juridical-normative and comparative approach. The author makes a comparison with Thailand and Malaysia. The results of the study state that the implementation of halal certification in Malaysia is carried out entirely by a state institution called JAKIM, while in Thailand it is carried out by non-governmental organizations (NGOs).

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.

Institutional conformance of Halal certification organisation in Halal tourism industry: The cases of Indonesia and Thailand

Tourism: An international Interdisciplinary Journal, 2018

Th is article discusses the institutional conformance of Halal Certifi cation Organisation (HCO) to the development of Halal Tourism Industry (HTI). It seeks to understand how the HCO, which provides Halal certifi cation for wideranging products in the tourism industry, performs the institutional adjustment towards changes in its surrounding environment. In so doing, this article utilises institutional theory and instrumental qualitative case study approach to examine two notable HCOs in Indonesia and Th ailand, namely Majelis Ulama Indonesia (MUI) and the Central Islamic Committee of Th ailand (CICOT) based on Global Muslim Travel Index (GMTI). Despite the unchanging organisational forms and structures, the two HCOs have been developing innovative functions and measures to adapt the institutional pressure of HTI. Adapting to the rapid development of HTI, the two HCOs provided Halal certifi cate for Muslim consumers' protection, increased export of goods to a number of Muslim co...

Authoritarianism in the Halal Product Guarantee Act of Indonesia: A Contribution to An Ongoing Debate

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 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...

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...