Construction of the Legal Framework for Strengthening the Halal Industry in Indonesia

Abstract

This study discusses: (i) The existence of a halal certification regime in strengthening the halal industry in Indonesia (ii) Problems in the regulation, implementation and supervision, as well as governance of the halal certificate regime given in strengthening the halal industry in Indonesia, (iii) Model of strengthening certificates halal given in strengthening the halal industry in Indonesia.

This type of research is normative legal research and is assisted / strengthened by empirical legal materials that examine the principles of law, legal systematics, synchronization of legal norms, history and comparative law using methods of approach to legislation, conceptual philosophy, and comparative compared to Malaysia and Singapore, (Common Law system) Japan and Francis (with a civil law system), The theoretical framework used as a knife for analysis in this dissertation are: Natural Theory of Natural Law, Theory of Problems (Problems of Problems), Theory of Formation of Legislation, Theory of Order Legislation (Hierarchy Theory of Legal Norms), Theory of the Legal System (Law System Theory) Theory of Authority (Authority Theory), Theory of Public Policy (Public Policy Theory) and Theory of Organs of Legal Entities.

The results of the analysis of the three main issues are that: The results of the study are as follows: (I) The existence of a halal certification regime in strengthening the halal industry in Indonesia: Philosophically, normative juridical has been regulated and is in doubt, sociologist not functioning, the JPH Law weakens what was good before; (II) Problems in the regulation, implementation and supervision as well as governance of the halal certificate regime given in the strengthening of the halal industry in Indonesia, the Norms contained in the provisions of the JPH Law, Article 5 UUJPH is officially taken over by the government by forming BPJPH, articles 6 and 7 ( mutual tug of authority, confusion in the implementation of authority between the government and MUI), Article 47 UUJPH (paragraphs 2 and 3) delineates the authority of MUI, article 14 UUJPH is not yet clear standardization of operational performance, article 4 UUJPH has not been implemented, PP 29 of 2019 Regulation of the Minister of Trade is in conflict with JPH Law, In the case of KMA No. 982, it contradicts the JPH Law, (III) Model of strengthening halal certificates given in strengthening the halal industry in Indonesia Institutional Reform, Institutional Construction, Strengthening Legal Duties in Halal Product Certification, Strengthening Halal Certification Protection on Human Rights, Strengthening the Legal Configuration, Halal Nationalization, realized through zones Halal, Halal harmonization with Islamic economists, (legitimacy, interpretation. Sanctions, jurisdictions) which are expected to be able to give birth to Compliance of producers; Consumer awareness and wisdom; Government attention in the form of supervision and law enforcement; Avoid the halal globalization practice of religious fundamentalism, food which is essentially halal and thayib (good); The achievement of legal ideals; The legal culture of the community is good; ultimately realizes the legal certainty of halal products.