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RESPON PELAKU USAHA NON-MUSLIM TERHADAP KEBIJAKAN MANDATORY SERTIFIKASI HALAL (DI KOTA SURABAYA)
The mandatory halal certification policy in Indonesia, regulated under Law No. 33 of 2014, has become a significant concern alongside the growing awareness of Muslim consumers regarding product halalness. In a Muslim-majority context, non-Muslim business actors, particularly MSMEs in multicultural cities such as Surabaya, face various responses and challenges in adapting to this policy. Surabaya, with its ethnic and religious diversity and more than 900,000 MSMEs, offers a dynamic setting to observe how the policy is received and implemented. This study aims to explore the responses of non-Muslim business actors to the halal certification policy, analyze its impact on business sustainability, and examine its effectiveness from the perspective of law and principles of justice for all communities. This research employs a qualitative approach with field research conducted directly in Surabaya. Data were collected through observations and in-depth interviews with three main groups of informants: the Ministry of Religious Affairs of Surabaya through BPJPH, business actors both with and without halal certification, and community leaders as consumers. The study is descriptive-analytical in nature, aiming to illustrate the implementation of the mandatory halal certification policy and analyze the responses of non-Muslim business actors through the lens of Islamic law and sociology of law. It not only reveals the realities of policy implementation in the field but also assesses the legal effectiveness of the policy in the context of social justice and Surabaya’s diversity. The findings indicate that the responses of non-Muslim MSME actors in Surabaya to the mandatory halal certification policy are highly varied. Some respond positively after receiving adequate understanding and guidance, while others consider the policy complicated, less relevant, and potentially burdensome to their businesses. These findings reflect the uneven understanding of the law among non-Muslim business actors. In terms of legal effectiveness, the policy has not yet functioned optimally, particularly in the aspects of legal substance, which is less communicative; legal structure, which has not fully reached cross-religious MSMEs; and weak legal culture. Based on Lawrence M. Friedman’s legal system theory, the effectiveness of this policy largely depends on the harmonization between legal substance, structure, and culture, as well as the social and economic contexts surrounding business actors.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 18103080055 Muhammad Haikal Buldan Muqorrobin
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