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ANALISIS PERLINDUNGAN KONSUMEN TERHADAP PENCANTUMAN LABEL HALAL TANPA SERTIFIKASI RESMI (STUDI KASUS WARUNG MAKAN DI DUSUN SAPEN DESA DEMANGAN)
This research is motivated by the rampant phenomenon of micro-business actors, especially food stalls, independently affixing halal labels without official certification from the Halal Product Assurance Organizing Agency (BPJPH). This practice is widely found in the urban-religious area of Dusun Sapen, Demangan Village. This study aims to identify and analyze the factors behind business actors affixing non-certified halal labels, and to examine its implications for consumer protection from the perspectives of positive law and Islamic law. The type of research used is empirical juridical research combined with a qualitative approach. This research is descriptive-analytical. Data collection techniques were carried out through field observations, in-depth interviews with business actors and consumers, and documentation. The collected data were then analyzed using a deductive-qualitative reasoning method. The results showed that there are three main factors causing business actors to perform self-labeling. First is the theological factor, which is business actors consider religious beliefs regarding the halalness of substances and processes to be more important than state administrative obligations. Second is the economic pragmatism factor to respond to market demands from consumers, the majority of whom are Muslim students. Third is the structural barrier factor, namely the perception of complicated bureaucracy and the limited digital literacy of MSME actors regarding the certification registration mechanism. According to positive law, this practice violates Article 4 letter (c) jo Article 8 letter (f) of the Consumer Protection Law because it provides misleading information and eliminates the right to legal certainty and traceability for consumers. Meanwhile, from the perspective of Sharia Economic Law, this action contradicts the principle of transparency (Al-Bayān) and contains elements of deception (Tadlīs) that can damage the integrity of muamalah.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS PERLINDUNGAN KONSUMEN TERHADAP PENCANTUMAN LABEL HALAL TANPA SERTIFIKASI RESMI (STUDI KASUS WARUNG MAKAN DI DUSUN SAPEN DESA DEMANGAN) (Text)
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