STATE RESPONSIBILITY TO THE OBLIGATION OF HALAL CERTIFICATION IN INDONESIAN LEGAL SYSTEM

Ikhsan, Abdullah; Dyah Ochtorina, Susanti

المنار للدراسات والبحوث القانونية والسياسية
Volume 2, Numéro 1, Pages 199-223
2018-03-01

State Responsibility To The Obligation Of Halal Certification In Indonesian Legal System

Authors : Ikhsan Abdullah . Dyah Ochtorina Susanti .

Abstract

Indonesia is the first country to enforce the Mandatory Halal Certification through the Law No. 33 of 2014 on Halal Product Assurance in order to provide certainty for the availability of halal products for the State’s citizens, especially Muslims, as stipulated in the 1945 Constitution. The change of the halal certification system from voluntary to mandatory is to ensure the citizens to obtain halal products assurance, by requiring all products to be certified halal, and unlawful products to be labeled as unlawful. Pursuant to the Halal Product Asurrance Act, halal certification is conducted by the Board of Halal Product Assurance Organizer (BPJPH) after obtaining a fatwa from MUI on halal product and passed from Halal Inspection Agency (LPH). However, BPJPH has not been able to perform its functions and authority, thus the certification of halal products is performed by LPPOM MUI. The change of the halal certification system provides legal consequences for business actors and industrial world to perform halal certification as a liability for their goods and/or services. MSMEs need to obtain opportunities, financial support, protection, and business development as a form of alignment from the Government, which regulated in a separate Government Regulation. BPJPH, MUI and LPH should be strengthened by the government in every aspect. The Government Regulation as an implementation regulation of the Halal Product Assurace Act shall be issued immediately, in order for the halal product assurance system to be properly implemented.