TINJAUAN SOSIOLOGI HUKUM TERHADAP FAKTOR PENGHAMBAT SERTIFIKASI HALAL UNIT USAHA PESANTREN (STUDI KASUS DI PMDG KAMPUS 5 DARUL QIYAM MAGELANG)

Moch. Dzul Fahmi, S.H., NIM.: 22203011035 (2024) TINJAUAN SOSIOLOGI HUKUM TERHADAP FAKTOR PENGHAMBAT SERTIFIKASI HALAL UNIT USAHA PESANTREN (STUDI KASUS DI PMDG KAMPUS 5 DARUL QIYAM MAGELANG). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The development of halal certification in Indonesia is marked by the existence of Law (UU) Number 33 Article 4 of 2014 concerning Halal Product Guarantee and Government Regulation Number 39 of 2021. This regulation requires business actors to carry out (PP) halal certification before 17 October 2024, such as companies, Micro, Small and Medium Units (MSMEs), including pesantren business units. In practice, there are still many business actors of pesantren business units who only carry out economic activities and have not realised the importance of halal certification. One of them is Pondok Modern Darussalam Gontor (PMDG) Campus 5 Darul Qiyam Magelang which has a pesantren business unit as a support for pesantren economic activities. The existence of pesantren business units run by Kiai, ustadz-ustadz and students is a manifestation of the spirit of pesantren independence. Various business units. Such as, Motorbike & Petrol Foundation, Darul Qiyam Resto, Latansa Minimarket, Bread Factory, Photocopy, Ice Cream Factory, Tea Factory, Wartel, La Dema Cafe, Santri Canteen, Chicken Slaughtering and Sindo Canteen are forms of pesantren awareness in improving the pesantren economy and meeting the consumption needs of students. However, the low level of legal awareness of business actors and the lack of government socialisation of halal certification obligations in pesantren business units have hampered halal certification obligations in this pesantren with halal certification obligations dated 17 October 2024. This type of research is field research with an empirical juridical approach. The authors use a legal sociology approach with Soerjono Soekanto's legal awareness theory and H.C. Kelman's legal compliance theory to analyse the level of legal awareness of pesantren business unit business actors in the halal certification obligations of Law Number 3 Article 4 2014 and PP Number 39 2021. Kelman to analyse the level of legal awareness of business actors of pesantren business units in the halal certification obligations of Law Number 3 Article 4 of 2014 and PP Number 39 of 2021. While the data analysis technique used is descriptive analytic. This research analysis uses qualitative methods, as for the primary data collection method, the authors use observation, interviews and documentation methods. While secondary data is obtained from various other sources. This research was conducted in three food production business units. Namely, bread factory, ice cream factory and tea factory at PMDG Campus 5 Darul Qiyam Magelang as research subjects. The results showed that the inhibiting factors for halal certification in this pesantren business unit were influenced by internal and external factors. Internal inhibiting factors include limited human resources, lack of awareness and literacy, internal policies, legal uncertainty, organisational and administrative constraints and resistance to change. Meanwhile, external inhibiting factors are influenced by limited access and economic conditions of pesantren, market conditions and consumer demand, government regulations and policies, the level of awareness of consumers and the community and cooperation with the government and certification bodies. In this case, the level of legal awareness of business actors is still low. This is indicated by the regulation of Law Number 33 of 2014 Article 4 and PP Number 39 of 2021 concerning the obligation of halal certification for food products, beverages, slaughter products and slaughter services, raw materials, food additives and auxiliary materials for food and beverage products dated 17 October 2024 the level of legal compliance in pesantren business units is still low. For example, the application for halal certification in compliance is still low due to the absence of legal sanctions against the pesantren business unit through written warnings. Meanwhile, identification with the view that halal certification is only a market expansion trend. In addition, internalisation with the level of trust and assessment of business actors towards products in the pesantren business unit that have been approved.

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