ANALISIS TERHADAP PERATURAN DAN PROSEDUR PELAKSANAAN KEWAJIBAN SERTIFIKASI PRODUK HALAL PADA INDUSTRI PANGAN USAHA MIKRO DAN KECIL

Nur Fitriyah Sari, S.H, NIM.: 20203011078 (2023) ANALISIS TERHADAP PERATURAN DAN PROSEDUR PELAKSANAAN KEWAJIBAN SERTIFIKASI PRODUK HALAL PADA INDUSTRI PANGAN USAHA MIKRO DAN KECIL. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The increase in consumer awareness regarding the halal status of products and the role of halal certification in the food industry, especially within micro and small businesses, has become more significant as a wide array of products from these businesses circulate in Indonesia. However, the alteration of regulations and procedures concerning the obligation of halal certification has sparked debates about its implications for business owners and Muslim consumers. The enactment of Law Number 6 of 2023 on the Determination of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law has introduced changes, particularly in the halal product assurance sector, affecting rules and the implementation of halal certification obligations. Several additional articles have been introduced, including the mandatory halal certification for micro and small businesses, the establishment of a Halal Fatwa Committee, and the perpetual validity of halal certificates. The research employs a qualitative and descriptive methodology with a normative juridical approach. Data is collected through literature study and subsequently analyzed in a descriptive-analytical manner. The research is further examined through the lens of Lawrence M. Friedman's legal system theory, Sudikno Mertokusumo's concept of legal objectives, and the maqāṣid asy-syarīah theory by asy-Syāṭibī. The study's findings culminate in several conclusions. Firstly, the amendments to the halal certification regulations within Law Number 6 of 2023 on the Determination of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law, specifically under the fourth part addressing the simplification of business permits related to halal product assurance, have roots in the perception of cost associated with halal certification by micro and small business owners. Furthermore, the lack of legal certainty in halal certification for products from such businesses, the occurrence of self-claimed halal certification, and the demand for halal products among Muslim consumers have contributed to these changes. The policy alterations aim to level the playing field for halal products from micro and small businesses in Indonesia, ensuring legal certainty for business owners by simplifying the implementation of effective, efficient, and affordable halal certification. Secondly, the perpetual validity of halal certification in the micro and small food industry, viewed through the lens of maqāṣid asy-syarīah by asy-Syāṭibī, can be effective in safeguarding the religious, intellectual, financial, and generational aspects of the community. However, ensuring the mental well-being aspect requires the implementation of ongoing governmental supervision to mitigate the potential risks associated with halal product processes, thus ensuring consumer safety and health.

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