KEWAJIBAN SERTIFIKASI HALAL TERHADAP PRODUK IMPOR MENURUT HUKUM PERDAGANGAN INTERNASIONAL

Asep Munawarudin, S.H, NIM.: 20203012064 (2023) KEWAJIBAN SERTIFIKASI HALAL TERHADAP PRODUK IMPOR MENURUT HUKUM PERDAGANGAN INTERNASIONAL. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (KEWAJIBAN SERTIFIKASI HALAL TERHADAP PRODUK IMPOR MENURUT HUKUM PERDAGANGAN INTERNASIONAL) 20203012064_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (KEWAJIBAN SERTIFIKASI HALAL TERHADAP PRODUK IMPOR MENURUT HUKUM PERDAGANGAN INTERNASIONAL) 20203012064_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (6MB) | Request a copy

Abstract

This study examines the obligation of halal certification of imported products according to international trade law. The reasons behind this research are: First, Indonesia is the only country that implements halal certification obligations for every product traded in its jurisdiction. The halal certification obligation aims to provide protection and certainty of the availability of halal products for the community, especially Muslims as the largest consumers of various products and services available in the domestic market. Second, in its application, the enforcement of halal certification obligations is sometimes an objection for several countries that will export their products to Indonesia. This condition is vulnerable to causing a trade lawsuit to the WTO Dispute Settlement Body, because Indonesia is considered to be overprotecting which creates trade barriers. It is in this position that the research was conducted. This research examines and answers whether the halal certification obligation for imported products that applies in Indonesia violates the provisions of international trade law, or vice versa, is in line and consistent with international regulations under the WTO legal system. In addition, the study also examines what is the significance of the halal certification obligation in the Halal Product Guarantee Act. The aim is to find out to what extent the obligation of halal certification has met the social needs of the community and realized legal certainty. This research is a type of library research with qualitative methods. Data collection is obtained through searching various other literature related to the research theme, including Law No. 33 of 2014 concerning Halal Product Guarantee (JPH Law), and Agreement on Technical Barriers to Trade. This research uses a juridical and normative approach with a descriptive-analytical nature. Researchers descritrabe the pattern and system of halal regulations in Indonesia after which it is analyzed in depth how these regulations have legal consequences for product importation activities in Indonesia. The theories used in this research are John Rawls' theory of justice and maṣlaḥah mursalah. This research resulted in two conclusions: First, the significance of the halal isicertification obligation in the JPH Law is to guarantee the freedom of citizens to embrace and practice their religious teachings, meet the social needs of the community by ensuring the availability of halal products, and realize legal certainty because various existing regulations still regulate halal certification policies partially and not integrated. Second, the halal certification obligation for imported products as stipulated in the JPH Law is consistent with WTO principles and regulations regarding the provisions of technical barriers to trade. This consistency is applied by implementing the provisions contained in the Agreement on TBT, namely fulfilling the principle of non-discrimination, fulfilling the necessity test, using international standards, opening opportunities for mutual recognition agreements, and fulfilling transparency provisions.

Share this knowledge with your friends :

Actions (login required)

View Item