ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XX/2022 TENTANG PERALIHAN KEWENAGAN PENYELENGGARAAN SERTIFIKASI HALAL PERSPEKTIF MAQASID ASY-SYARI’AH JASSER 'AUDA

M. Bobby, S.H., NIM.: 21203011091 (2023) ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XX/2022 TENTANG PERALIHAN KEWENAGAN PENYELENGGARAAN SERTIFIKASI HALAL PERSPEKTIF MAQASID ASY-SYARI’AH JASSER 'AUDA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis discusses the application for a judicial review of the transfer of authority for the implementation of Halal Certification from the Indonesian Ulema Council to the Ministry of Religion, namely the Halal Product Assurance Organizing Agency. The existence of the JPH Law in conjunction with the Job Creation Law has done more harm than good. Therefore, the Petitioners asked the Constitutional Court to revoke and declare that they have no binding force against the articles being tested, namely Article 5 paragraph (3), Article 6 of the JPH Law, Article 29 paragraph (1) of the JPH Law Jo Article 29 paragraph ( 1) Job Creation Law, Article 35 of the JPH Law, Article 42 paragraph (1) of the JPH Law Jo Article 42 paragraph (1) of the Job Creation Law, as well as Article 48 of the JPH Law Jo Article 48 of the Job Creation Law. However, the Constitutional Court actually rejected the petition, so the focus of the problem discussed in this research is what is the maqāṣid asy-syarī'ah perspective on this decision. This research is a library research with primary data in the form of Constitutional Court Decision Number 67/PUU-XX/2022. The secondary data is in the form of literature related to decisions, such as books, journals, newspapers and other documents. The data was then analyzed using maqāṣid asy-syarī'ah Jasser 'Auda with inductive-deductive method. The approach in this research is juridical-philosophical. The results of the analysis show that the decision of the Constitutional Court regarding the Transfer of Authority in the Implementation of Halal Certification in Indonesia, Testing the norms of Article 5 paragraph (3) and Article 6 of the JPH Law is in accordance with the principles of checks and balances and good governance and does not cause legal uncertainty, the Petitioners' argument is unreasonable according to law, Meanwhile, in relation to the review of Article 48 point 19 of Law 11/2020 which changes the provisions of Article 42 of Law 33/2014, the authors assess that there is still legal uncertainty in terms of extending halal certificates, while through the thinking method Jasser Auda uses six system features approach, there are several approaches that are appropriate, namely cognitive, openness, comprehensive, multi-dimensional and meaningful. Meanwhile, what is not appropriate is the hierarchy is related to each other. From the results that are not appropriate because there is no regulation of BPJPH representatives in the regions in the organizational structure and work procedures of the ministry of religion. Currently the implementation of BPJPH tasks in the regions is still in the form of the JPH Task Force (JPH Task Force) which is an additional task given to employees of the Provincial Office of the Ministry of Religion so that the duties and functions of implementing JPH in the regions cannot be optimal. The number of LPH is still small when compared to the need to carry out halal certification. Other institutions related to the implementation of JPH, such as the MUI (Fatwa Commission), which is authorized to issue fatwas only at the central and provincial levels, have not yet reached the districts, while the JPH Law requires that fatwa hearings be carried out by the district fatwa commission.

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