POLITIK HUKUM PELAKSANAAN JAMINAN PRODUK HALAL DI INDONESIA

Afan Husni Maulana, NIM.: 21103040002 (2024) POLITIK HUKUM PELAKSANAAN JAMINAN PRODUK HALAL DI INDONESIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Muslim population in Indonesia dominates compared to followers of other religions. One of the activities carried out by Muslims is the halal lifestyle. The presence of institutions around the world evidences the halal issue. Initially, LPPOM MUI (Lembaga Pengkajian Pangan, Obat-obatan, Makanan, Minuman dan Kosmetika Majelis Ulama Indonesia) was established as an institution that guarantees and oversees products circulating in Indonesia. The registration of halal certification with LPPOM is voluntary and aimed at business actors who wish to ensure the halal status of their products to consumers. The issuance of Law No. 33 of 2014 on Halal Product Guarantee mandates that all products circulating in Indonesia must be halal certified, leading to the establishment of the Halal Product Guarantee Supervisory Agency (BPJPH). Following the enactment of this law, there was a shift in authority. LPPOM MUI, which previously had full authority over halal product guarantees, transferred this responsibility to BPJPH. This has sparked controversy as the government intervenes in religious matters, which should ideally be the domain of scholars. Based on this issue, two questions arise: First, how does the halal product guarantee policy relate to consumer protection in Indonesia? Second, How is the legal politics of enforcing halal product certification laws in relation to consumer protection in Indonesia? This research employs a juridical-normative approach to answer the questions by examining Max Weber's theory of authority, legal certainty, and legal protection as analytical tools. Statutory regulations serve as primary legal materials, while books, journals, and other scholarly works are used as secondary legal materials. Encyclopedias and relevant digital sources are considered tertiary legal materials. Descriptive analytical research is the type employed in this study. Thus, this research is classified as library research. The results of this research indicate that the form of consumer protection in Indonesia regarding halal product guarantees is manifested through several regulations that substantively protect the Muslim community in Indonesia from consuming or using services with guaranteed halal products. The legal politics of enforcing the law on halal product certification is evident in its authoritative characteristic, with the requirement for halal certification for every product, whether goods or services, circulating in Indonesia. This does not mean that the state intervenes in religious affairs as state matters. Rather, it is a form of implementation of state’s role in protecting citizens wishing to consume halal products must be protected by the state through the enactment of laws regarding halal product guarantees.

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