REGULASI JAMINAN PRODUK HALAL DI INDONESIA: OTORITAS, PERLINDUNGAN KONSUMEN DAN KEPASTIAN HUKUM

Diky Faqih Maulana, S.H., M.H., NIM.: 21303011005 (2024) REGULASI JAMINAN PRODUK HALAL DI INDONESIA: OTORITAS, PERLINDUNGAN KONSUMEN DAN KEPASTIAN HUKUM. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Before 1989 the issue of halal certification was not rigidly regulated, MUI as a nongovernmental organization, formed LPPOM to provide halal assurance for Muslims in Indonesia. MUI has issued 204,222 halal certificates until 2018. However, in 2014, Law No. 33 of 2014 concerning Halal Product Guarantee was passed by the DPR through a process of debating intersecting interests including authorization, certification procedures and community response until the formation of the Halal Product Guarantee Agency (BPJPH) as the sole authority for organizing halal product guarantees in Indonesia accompanied by accelerated rules and changes in JPH policies. Then why is the regulation and policy of Halal Product Guarantee established? what is the effect of the transfer of authority in the regulation and policy of Halal Product Guarantee on the implementation of halal product guarantees in Indonesia? How is the form and implementation of consumer protection guarantees contained in the Halal Product Guarantee regulations and policies? and How can the Halal Product Guarantee regulations and policies provide legal certainty for the implementation of halal product guarantees in Indonesia? This type of research uses descriptive analytical research with an empirical juridical approach. Data collection techniques using literature study, observation and interviews. The data that has been collected is then analyzed inductively and conclusions are drawn. The results showed that in Indonesia there has been a transformation of the concept of halal from theological, soisological to political. Initially, the concept of halal was interpreted as the responsibility of servants with their God, turning into a common interest and even being taken over by the State. The continuity and changes in JPH Regulation in Indonesia have an impact on aspects of religiosity, social, national, economic and global. The JPH Law dismisses legal uncertainty and the impression of sectoral regulation and inconsistency with previous regulations. However, the JPH regulation was issued in an accelerated manner, and there were even challenges for judicial review to the Constitutional Court seven times. However, the JPH regulation is said to be a category of mu'tabarah maslahah that encourages the safety of Muslim consumers in faith, spiritually and physically. There are at least 5 actors in the implementation of JPH, namely BPJPH as the leading sector of organizers to replace MUI, LPH, LP3H, MUI Fatwa Commission and BPJPH Halal Product Fatwa Committee, but the Constitutional Court also received 7 challenges to the material test of the JPH Law and has issued 5 Constitutional Court Decisions on material and formal tests of the JPH Law. Authorization after the JPH Law purely uses legal authorization, granting power to certain institutions or people based on existing regulations, in contrast to the previous one which still used charismatic authority where the government and society gave full power to religious leaders and scholars. In addition, there is a new scheme for applying for halal certificates, namely the Self Declare by not charging fees for MSE Actors. The implementation of consumer protection is concretely carried out by two parties, namely externally by the JPH Supervisor and the community, and internally by the Halal Supervisor. However, the validity period of the halal certificate changes from 2 years (LPPOM MUI) to no validity period (Law No. 6 of 2023) with the clause that the halal certificate remains valid as long as there is no change in the composition of halal product ingredients and processes. This rule overrides the principle of consumer security and safety, due to weak control over JPH. The legal certainty of the JPH Law is in the obligation of a halal certificate, so that every product must go through the halal certification stage. Likewise, business actors who have non-halal products are required to provide information on their products, even though this is prohibited by the nash, but it is still said to be maslahah mulghah. Legal certainty is implemented in halal certificates and labels as a form of State legitimacy for halal guarantees and business legality. However, JPH regulations still override the principle of interpreting legal certainty, namely frequent changes in JPH regulations. In addition, the determination of halal fatwa does not implement legal certainty, because the MUI Fatwa Commission and the Halal Product Fatwa Committee have ijtihadiyah rights as mufti even though they have the same legal norm reference in determining halal product fatwa, so differences in product fatwa determination still occur.

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