The Role of the State in Ensuring Legal Certainty on the Continuity of Halal Products in Indonesia

Authors

  • Iwan Permadi Faculty of Law, Universitas Brawijaya

DOI:

https://doi.org/10.29103/micolls.v2i.110

Keywords:

Role of the State, Legal Certainty, Halal Certification

Abstract

The halal industry in Indonesia in the past few years has developed quite rapidly. The implementation of halal certification in the form of a halal logo is a form of the presence of the state in this halal product guarantee which provides a form of legal certainty for the halalness of a product that can be proven with a halal label. The halal symbol is a modified form of the symbol that characterizes a product that can be easily and comprehensively recognized by the public. In this study, the author uses a type of normative research (doctrinal legal research). And using a juridical approach or commonly called a statutory approach. Halal labeling is not only a fulfillment of Shari'ah and state requirements, but also as a medium for branding a product. The high sales of products are rooted in the Muslim community's concern about the halalness of a product due to the presence of some dubious ingredients. The halal label contained in the product becomes a guarantee of quality and guarantees the hygiene of the product so that people have a sense of trust which then affects their interest in buying. The existence of a self-declare mechanism that not only provides easy registration of halal products for MSE business actors, is also a form of awareness of the importance of the right to guarantee halal products so that every prospective consumer can enjoy products that have been verified as halal, so as to create convenience that must be obtained by consumers. . The state is obliged to provide halal certification for products that are widely circulated and traded in Indonesia, so that producers are obliged to apply for halal certification for each of their products. In Indonesia, the person in charge of the halal guarantee system is carried out by the government organized by the Minister of Religion by establishing the Halal Product Guarantee Agency (BPJPH). Therefore, for producers or parties who do not comply with applicable laws, and are not responsible for their products, it can be said that they meet the requirements against the law or can be legally accounted for, both administratively and criminally.

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Published

2022-12-27