JAMINAN PRODUK HALAL DI INDONESIA, DINAMIKA KEBIJAKAN NEGARA, IMPLEMENTASI DAN RESPONS MASYARAKAT

Zulpa Makiah, NIM.: 19300016092 (2022) JAMINAN PRODUK HALAL DI INDONESIA, DINAMIKA KEBIJAKAN NEGARA, IMPLEMENTASI DAN RESPONS MASYARAKAT. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This dissertation is underlain by halal market proliferation and development in global and local levels in the last three decades. The worldwide Muslim diaspora, particularly in Europe, and their community establishment throughout the world has made the demand of halal products increase and the institutions for halal certificate establish. However, Indonesian government’s responses toward halal product management had been so dynamic. It was not until the approval of law Number 33 of 2014 on Halal Product Assurance that the dynamics got its momentum. The law was then followed by law Number 11 of 2020 on Halal Cluster Work Creation. The law in fact shows the state’s concern for legal certainty and halal product assurance for Muslim consumers in addition to the intention to bring about the state the player of halal industry both locally and globally. The presence of HPA law brings in problems in relation with the people’s halal custom and obedience. This article focuses on five issues, namely: what laws have been enacted by the state in response to halal product management matters; why were there the state’s response dynamics; how have the two laws been implemented; what responses do people give to HPA – halal certification issue in particular; and how obedient and aware are the individuals on the issue. This normative-juridical study complies legislation, historical and legislation-comparative approaches. It studies the enacted laws and deals with HPA-related-policy issues. It also tries to discover the dynamics of the state’s response toward HPA and its implementation. The data, which were secondary in notion, were taken from primary, secondary and tertiary laws of legislation and literature. Interviews were carried out to obtain data on the law implementation and to explain the work of legislation as it is enacted. The study is related with HPA implementation with regard to halal-certificate administrators as institutions and to the implications of the substance and people’s law custom, obedience and awareness. This dissertation discovered that, throughout the history, a number of halal-product-management regulations have been passed in Indonesia with social, economic and political reasons behind them. The two laws – APH and Halal Cluster Work Creation – bring changes in institutional, procedure and mechanism, and mandatory of halal certificate of products. Yet, the presence of HPA did not bring solutions to halal product assurance problems (i.e. administrator-certificate institutional implementations and substance and people’s law custom ones) at once. In terms of Muslim society, producers and consumers, in many cases, have similar perspective of halal despite the absence of official halal stamp. Since Muslim society has various indicators judging halal products, people’s customs do not seem to support halal-certification mandatory for the whole products. The law of HPA, politically, was meant for the state to set halal-issue regulations and obtain the domination over the determination of the meaning of halal and at the same time ignore tradition, awareness and obedience of Muslim.

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