TINJAUAN MASLAHAH MURSALAH TERHADAP REGULASI MASA BERLAKU SERTIFIKAT HALAL SEBAGAI JAMINAN KONSISTENSI KEHALALAN PRODUK PANGAN

Syafiqotul Maula, NIM.: 20103080118 (2024) TINJAUAN MASLAHAH MURSALAH TERHADAP REGULASI MASA BERLAKU SERTIFIKAT HALAL SEBAGAI JAMINAN KONSISTENSI KEHALALAN PRODUK PANGAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The validity period of halal certificates in Indonesia has undergone several changes. The first time the validity period of the halal certificate was for two years determined by LPPOM MUI. When Law Number 33 of 2014 concerning Halal Product Guarantee (JPH Law) was passed, the validity period changed to four years. Then, the validity period of the halal certificate has changed again without a time limit, which is regulated in Law Number 6 of 2023 concerning Perppu Cipta Kerja on amending the provisions of Article 42 of the JPH Law. Based on these changes, the validity period of the halal certificate without a time limit is feared to be a mere formality, without ensuring the consistency of the halalness of food products that protect the public as consumers. Therefore, the purpose of this study is to ensure that the regulations relating to validity period of halal certificate can guarantee the consistency of the halalness of food products. This study uses the theory of legal certainty, consumer protection law, and ma la ah mursalah as an analytical tool for changing the validity period of halal certificates on food products. This research uses a qualitative method with a type of library research that is analytically descriptive. The approach used is a normative juridical approach with data retrieval techniques through literature review on laws and regulations relating to Halal Product Guarantee (JPH). The result of this study is that the regulatory provisions governing the validity period of halal certificates are clear legal rules, easy to obtain, issued and recognized by the state, implemented by government agencies, approved by the public, endorsed by MK judges, and can be consistent since Government Regulation (PP) Number 42 of 2024 was passed as a technical regulation for the implementation of JPH. Changes in the validity period of halal certificates to date have provided legal certainty for the community. Legal protection provided by the state to the public as consumers, namely in the form of security guarantees. In addition, the presence of PP No. 42/2024 has perfected Law No. 6/2023 so that it can fulfill the principles of consumer protection. The perpetual enforcement of halal certificates has also provided benefits for consumers and business actors. The benefit for consumers is in the form of security guarantees through the mechanisms regulated in PP No. 42 of 2024, while for business actors it is given convenience so that there is no need to renew halal certificates every 4 (four) years.

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