257 DOI: https://doi org/10 21776/ub arenahukum 2022 01502 3
THE DOMINATION OF INDONESIAN ULAMA COUNCIL WITHHOLD LAW OF HALAL PRODUCT GUARANTEE
Muchamad Ali Safa’at Fakultas Hukum Universitas Brawijaya
Jl M T Haryono 169, Malang Email: safaat@ub ac id
Disubmit: 31-05-2022 | Diterima: 29-08-2022
Abstract:
In the relation of law and politic perspective, law is not a neutral entity. Law is a battleground domain for political interests and as instrument of group domination. It can be seen in the formation and implementation of the Halal Law. This research aims to analyze the role of Indonesian Ulama Council (MUI) in the formation and implementation of the Halal Product Guarantee Act. This research uses socio legal method. The research result shows that MUI dominates by hold up the formation and implementation of the Halal Law. This is done by dominating the legitimacy of identity as a religious organization and using a network of organizations and political actors so that the process of establishing rules and administering halal law by BPJPH is hampered. Delegitimacy and disturbance are also experienced through requests for judicial review of the Halal Certification Law to the Constitutional Court and lawsuits to the courts.
Keywords: Field of Law; Halal Product Guarantee; Law and politic relation; Law Formation.
Abstrak:
Di dalam perspektif hubungan antara hukum dan politik, hukum bukan merupakan suatu wilayah yang netral Hukum merupakan wilayah kompetisi dari berbagai kepentingan politik dan sekaligus menjadi instrument dominasi suatu kelompok Hal ini dapat dilihat dari pembentukan dan pelaksanaan UU JPH Penelitian ini bertujuan untuk menganalisis peran MUI dalam pembentukan dan pelaksanaan UU JPH Penelitian ini menggunakan metode sosio legal Hasil penelitian ini menunjukan bahwa MUI menyandera pembentukan dan pelaksanaan UU JPH Hal ini dilakukan dengan mendominasi menggunakan legitimasi sebagai organisasi keagamaan dan menggunakan jaringan organisasi serta actor politik sehingga proses pembentukan dan pelaksanaan UU JPH terhambat Delegitimasi dan gangguan juga dialami melalui pengajuan pengujian UU JPH dan gugatan ke pengadilan
Kata kunci: Field of Law; Hubungan Hukum dan Politik; Pembentukan Hukum; UU Jaminan Produk Halal
Introduction
On October 17, 2014 Indonesia promulgated Law Number 33 of 2014 concerning Halal roduct Guarantee (Halal Certification Law) This law aims to provide protection to the Muslim community, to obtain halal goods and services according to Islamic law This is part of the protection of freedom of worship because consuming halal products is part of worship for Muslims
Article 4 and Article 67 paragraph (1) of the Halal Certification Law require that all products circulating and traded in Indonesia have a halal certificate This means that halal certificates are mandatory, not voluntary as before the Halal Certification Law The obligation for halal-certified products comes into effect 5 years from the promulgation of the Halal Certification Law, to be precise, starting October 17, 2019
As the basis for implementing the halal certificate obligation, Article 65 of the Halal Certification Law mandates that the implementing regulations of the Halal Certification Law must be stipulated no later than 2 years since the Halal Certification Law was enacted This means that by October 17, 2016, all implementing regulations for the Halal Certification Law must have been established However, the government regulation was only promulgated on May 3 2019, namely Government Regulation Number 31 of 2019 (PP JPH1) The promulgation of PP JPH does
1 Peraturan Pemerintah tentang Jaminan Produk Halal 2 Badan Penyelenggara Jaminan Produk Halal
3 Peraturan Menteri Agama tentang Penyelenggaraan Jaminan Produk Halal
not automatically include all implementing regulations for the Halal Certification Law, because in the Halal Certification Law there are also 11 provisions that mandate further regulation in Ministerial Regulation In addition, in PP JPH there are also 17 provisions mandating further regulation with Ministerial Regulation, 4 provisions mandating the formation of Ministerial Decree, and 1 item provision mandating the establishment of a Decree of the Halal Product Assurance Organizing Body (BPJPH2)
The mandate for the formation of Ministerial Regulation, both in the Halal Certification Law and in the PP JPH, is manifested in one Ministerial Regulation, namely Minister of Religion Regulation Number 26 of 2019 concerning the Implementation of Halal Product Guarantees (PMA PJPH3) This Ministerial Regulation was promulgated on October 15, 2019 Subsequently, Minister of Religion Decree Number 982 of 2019 concerning Halal Certification Services was established, Minister of Religion Decree Number B II/3/33453 concerning Determination of Coordinator of Regional Certification Services, Decree of the Secretary General of the Ministry of Religion Number 80 of 2019 regarding the Coordinator and Task Force for Regional Halal Certification Services, and Decree of the Head of BPJPH Number 177 of 2019 concerning the Establishment of the Institute for the
Assessment of Food, Drugs and Cosmetics, the Indonesian Ulema Council (LPPOM MUI4) as the Halal Inspection Agency The formation of various implementing regulations for the Halal Certification Law has exceeded the time limit determined by the Halal Certification Law
From an institutional perspective, Article 64 of the Halal Certification Law stipulates that BPJPH must be established no later than 3 years from the promulgation of the Halal Certification Law BPJPH was formally established as part of the organization of the Ministry of Religion through Presidential Regulation Number 83 of 2015 concerning the Ministry of Religion The task of BPJPH is to carry out the implementation of halal product guarantees in accordance with the Halal Certification Law The first Head of BPJPH was sworn in on August 2 2017, based on Presidential Decree No 94/TPA of 2017
On 2021, all products circulating in Indonesia must be certified halal or clearly include signs of non-halal Products that do not have a halal certificate or do not include non-halal sign should be withdrawn from circulation However, this provision can only be implemented if the halal certification service
4 Lembaga Pengkajian Pangan, Obat-Obatan, dan Kosmetika Majelis Ulama Indonesia 5 Lembaga Pemeriksa Halal
6 Pryanka, “Sucofindo Resmi Menjadi Lembaga Pemeriksa Halal”, https://republika.co.id/berita/q5zx08370/
sucofindo-resmi-jadi-lembaga-pemeriksa-halal.17/07/2020 Prihantono, “Tunjuk Sucofindo sebagai Auditor Halal, BPJPH Digugat”, https://www.antaranews.com/berita/1590346/tunjuk-sucofindo-sebagai-auditor-halal- bpjph-digugat. 17/07/2020
7 Yanita Petreilla, “LPPOM UI: Baru 668 615 Produk di Indonesia Tersertifikasi Halal”, https://ekonomi.bisnis.
com/read/20190116/12/879298/lppom-ui-baru-668.615-produk-di-indonesia-tersertifikasi -halal, 16/01/2019 8 Majelis Ulama Indonesia
9 Rizky Suryandika, “5 Ribu Proses Halal, BPJPH: MUI Baru Kembali 100-an”, https://republika.co.id/berita/
qdrspu327/5-ribu-proses-halal-bpjph-mui-baru-kembali-100an. 15/07/2020
10 Soerjono Soekanto, Faktor-Faktor yang Memengaruhi Penegakan Hukum, (Jakarta: Rajawali Press 1983), p 5 11 Mauricio Garcia Villegas, “On Pierre Bourdieu’s Legal Thought”, Droit et societe, (2004/1), p 60 Menachem
has been running which is determined by the availability of halal supervisors, halal auditors, and the Halal Inspection Agency (LPH5) To date, BPJPH has only established two LPHs, namely LPPOM MUI and PT Sucofindo6
On 2019, only 10 percent of products circulating in the market are halal certified7 Halal certification services have not been fully implemented since the Halal Certification Law became effective on October 17, 2019 even though Minister of Religion Decree Number 982 of 2019 concerning Halal Certification Services has divided the authority to administer halal certification between BPJPH, Indonesian Ulema Council (MUI8), and LPPOM MUI9
The facts above show that the implementation of the Halal Certification Law is stagnating There are several factors that influence the implementation of the law, including the substance of the law, the makers and implementers of the law, the means, and the community10 Law makers and implementers involve actors who have an interest in the substance and implementation of the law The formation and implementation of law is a field for fighting over symbolic capital11
This article analyzes the role of MUI as
the dominant force in the formation and implementation of the Halal Certification Law In fact, MUI did not become the driving force behind the implementation of the Halal Certification Law, but instead hamper it because its interests were not fully met The struggle for dominance and power does not only exist at the time of the formation of the law, but continues at the implementation stage This article use socio legal method by analysing the process and the action of the MUI during the formation and implementation of Halal Certification Law
The analysis begins with an explanation of the theoretical framework used, namely the relationship between politics and law by using Pierre Bourdieu’s concept of law as a field of struggle for dominance (field of law) The second part explains the main substance of the Halal Certification Law The third section identifies actors and interests in the formation and implementation of the Halal Certification Law, in particular MUI as the dominant actor The fourth section analyzes the dominance of MUI in the process of forming the Halal Certification Law The fifth section describes the activities of MUI hampering the implementation of the Halal Certification Law The last part is the closing which contains the conclusion
1. Law as a Field of Struggle for Domination
Mautner, “Three Approaches to Law and Culture”, Cornell Law Review, Vol 96 Issue 4, (May 2011), p 864 12 Miro Cerar, “The Relationshiop Between Law and Politics”, Annual Survey of International & Comparative
Law, Volume 15, Issue 1, (2009), p 20 – 21 13 ibid, p 23
There are three dimensions of the relationship between politics and law The first is the institutional dimension (policy), namely the work of state and non-state institutions, social movements, media, legislatures, and government The second dimensions are normative (policy), namely policies and the formation of normative ideas that determine the basic values of society and the goals to be achieved The third dimensions of the process (politics), namely the formation of political will through social power and authority consisting of conflict and consensus12
This article uses the concept of legal and political relations in the third dimension, namely as a field of struggle for dominance One of the inherent characteristics of law is as a tool of certain politics In politics there is a polarization of relations based on ideas, interests, and power struggles Polarization can form the category “ours – theirs”, or the polarization of “anyone who is not with us is against us”13
Bourdieu’s theory explains the undisclosed (misrecognised) power relationship between the dominant group or very powerful institution and the dominated group The symbolic power is so strong that the dominated party adopts the vision or view of the dominating party Symbolic power becomes a unified character, or becomes a habitus, namely an individual’s social character that encourages acting in a
certain way14
In Bourdieu’s view, the social world is formed from a separate microcosm and has relative autonomy This is what is called “fields”
There are administrative fields, political fields, religious fields, legal fields, and so on The field of the microcosm is not completely free from the influence of other fields, even though each of them tries to win the battle against other fields, especially the most powerful field, namely the economy Each field is not homogeneous but has an internal network15 Each field is a battle arena between competing individuals and groups that can be divided into the dominant part, namely the individual or group that gains an advantage over other groups, and the dominated part16 The state is the center of the fields of power that are connected to other fields, such as law, politics, and economics The state is not a monolithic agent, but rather a space in which various players compete to benefit from state capital17
Law is one of the social fields in which the battle for advantage takes place The state is the field of ideological production, while the legal field is the place to exercise state power In legal discourse faced with the political field, there is always a claim that law is a neutral space that is
14 Hanna Debska, “Law’s Symbolic Power: Beyond the Marxist Conception of Ideologi”, Wroclaw Review of Law, Vol 5: 1, (2015), p 6
15 ibid, p 12
16 ibid, p 13 Pierre Bourdieu, “The Force of Law: Toward a Sociology of the Juridical Field”, translator’s introduction: Richard Terdiman, The Hasting Law Journal, Vol 38, (July 1987), p 808
17 Debska, op cit, p 13 – 14 18 ibid, p 18
19 Villegas, op cit, p 60 Mautner, op cit, p 864 20 Bourdieu, op cit, p 807
21 Debska, op cit, p 18 Bourdieu, op cit, p 820
managed based on formal rules The law does not seem to serve certain political interests but protects society as a whole This makes people do not recognize that the law is a social fact shaped by symbolic power18
Law is a symbolic system that is not only a tool of knowledge but is primarily an instrument of domination through the use of symbolic violence Law is formed from a set of goals and historical relations between social actors fighting for power or capital19 The law contains specific codes which are the sharpening of social, economic, and language influences which, although not explicitly recorded, determine how the law functions in society20
There are two strategies used to facilitate the symbolic power of actors in the law, namely universalization and neutralization Universalization rests on legal assumptions that are immune to criticism by referring to certain principles Neutralization is confirmed by using impersonal language in legal texts so that it can hide certain actors involved in the formation of a rule21
Law has a low degree of autonomy compared to other social fields Given that in the legal field there are social capital and
symbols, there is a battle for ownership and distribution of capital, including symbolic capital that is accumulated by certain groups and can be converted into economic capital22 The struggle is not only intellectual but also political considering that legal debates have direct implications for the distribution of power and capital that also occur in the political field Controlling the law becomes very important for social control23 The complexity and problems of the relationship between the legal field and other social powers are the main focus of the concept of “the Force of Law”24
2. The substance of the Halal Certification Law
Article 4 of the Halal Certification Law states that products that enter, circulate, and are traded in the territory of Indonesia must be certified halal This provision is the basis for mandatory halal certification All halal products must be certified halal, while non-halal products must include non-halal information or signs
Products include goods and services The scope of goods is categorized into 3 First, the types of goods that are specific, namely food, beverages, drugs, and cosmetics Second, types of chemical products, biological products, and genetically engineered products related to food, beverages, drugs, and cosmetics
22 ibid, p 812
23 Villegas, op cit, p 61 24 Bourdieu, op cit, p 808
25 Article 7 Halal Certification Law 26 Article 5 PP JPH
Third, the types of use goods that have a wider scope The scope of services that must be certified halal are activities related to the three categories of goods that must be certified halal
The Halal Certification Law determines the institutions involved in the implementation of halal product guarantees, both government and non-government institutions Institutions involved in implementing this JPH can be classified into two, namely institutions that have a main role and institutions that have a supporting role The institutions that have the main roles are BPJPH, MUI, and LPH Institutions that have a supporting role are institutions that cooperate with BPJPH in providing halal product guarantees25 These supporting institutions are ministries that carry out government affairs in the fields of industry, trade, health, agriculture, cooperatives and small and medium-sized enterprises, overseas, and other institutions that handle standardization and conformity assessment26
The procedure or mechanism for obtaining a halal certificate is regulated in Articles 29 to 36 of the Halal Certification Law Article 29 paragraph (2) of the Halal Certification Law stipulates that the submission of an application for a halal certificate begins with the submission of a written application by business actors to BPJPH The application for a halal certificate will be examined by BPJPH
within a maximum period of 10 working days27 The next stage is BPJPH stipulating the LPH that will carry out inspection or testing of product halalness28
LPH conducts inspection or testing of product halalness no later than 40 working days after the determination of LPH by BPJPH and can be extended for a maximum of 20 working days After the inspection is over, LPH submits the results to BPJPH
BPJPH submits the results of the inspection conducted by LPH to MUI for the process of determining the halalness of the product through a halal fatwa session29 If the MUI halal fatwa session decides that the product meets the halal requirements, then BPJPH issues a halal certificate no later than 7 working days from the time the product halal decision is received from MUI The halal certificate is valid for 4 years from the date of stipulation as long as there is no change in the composition of the ingredients, and can be renewed by submitting an application to BPJPH30
The obligation for halal certificates also applies to imported products traded and circulated in Indonesia The product must be submitted for a halal certificate if it does not have a halal certificate issued by a foreign halal institution that has collaborated with BPJPH If the product already has a halal certificate from a foreign halal institution that has collaborated
27 Article 100 PMA JPH
28 Article 30 Halal Certification Law 29 Article 33 para 4 Halal Certification Law 30 Article 121 PMA JPH
31 Article 47 Halal Certification Law; Article 64 and 67 PP JPH 32 Elucidation of Halal Certification Law; Article 62 PP JPH
on mutual recognition with BPJPH, there is no need to apply for a halal certificate but simply submits registration to BPJPH31
The cost of halal certificate services is regulated in Article 61 of PP JPH which is generally determined as follows
1 Halal certification fees are charged to Business Actors who apply for Halal Certificates
2 Halal certification fees charged to business actors must be efficient, affordable, and non-discriminatory
3 Determination of the amount or nominal cost of halal certification is carried out in accordance with the provisions of the legislation
The cost of halal certificates for micro and small enterprises (MSMEs) can be facilitated by the government or other parties32 Article 124 PMA JPH details the cost components of a halal certificate consisting of:
1 the fee for submitting an application for a Halal Certificate;
2 costs of inspection and/or testing of product halalness;
3 costs of scientific assessment of the results of inspection and/or testing of product halalness;
4 costs for the implementation of the halal fatwa session; and
5 Halal Certificate issuance fee
3. Actors and Interests
There are at least four actors involved in the formation and implementation of the Halal Certification Law, namely MUI, the Government, Business Actors, and Consumers Each actor has different interests and competes for dominance Among the four actors, MUI is the dominant actor who seeks to maintain its power in the issuance of halal certificates that have been held since before the Halal Certification Law was enacted MUI maintains power by using religious narratives and political networks Halal certification matters are religious matters that must be held by Islamic religious institutions MUI claims that it is an organization that represents Muslims in religious matters In fighting for the dominance of MUI using a halal organization formed by MUI, namely LPPOM MUI, and a non-governmental organization called Indonesia Halal Watch (IHW)
Article 1 number 7 of the Halal Certification Law states that the MUI is a forum for deliberation of scholars, zuama, and Muslim scholars MUI is a socio-religious organization, not a state institution However, in several laws and regulations, the MUI is given authority related to religious matters, for example as member of Hajj Monitoring Commission based on Hajj Law and member of Syariah Monitoring Council based on Syariah Banking Law
33 Mark E Cammak and R Michael Feener, “the Islamic Legal System in Indonesia”, Pacific Rim Law & Policy Journal, Vol 21 No 1, (2012), p 33
34 Hayyun Durrotul Faridah, “Sertifikasi Halal di Indonesia: Sejarah, Perkembangan, dan Implementasi”, Journal of Halal Product and Research, Volume 2, Nomor 2, (Desember 219), p 68 – 78
MUI was formed in 1975 with the aim of providing fatwas or opinions related to problems faced by Muslims The idea of forming the MUI emerged in 1970 before the first general election was held during the New Order era This idea received support and facilities from the state as part of the ruler’s strategy to gain support from the Islamic community in the 1971 general election33
The legal entity form of MUI is an association based on the notarial deed of Tatyana Indrati Hasjim, SH Number 3 dated April 15, 2014 and ratified by Decree of the Minister of Law and Human Rights Number:
AHU-00085 60 10 2014 The General Chairperson of the MUI at the time the Halal Certification Law was formed is Ma’ruf Amin Currently, Ma’ruf Amin serves as the Vice President of Indonesia for the period 2019 to 2024 One of the Deputy Chairmen of the MUI, Zainut Tauhid Sa’adi, currently serves as Deputy Minister of Religion
MUI established LPPOM MUI with MUI Decree Number Kep /18/MUI/I/1989 on January 6, 1989 The main task of LPPOM MUI is to conduct inspections of products in circulation and carry out halal certification34 With the Halal Certification Law, LLPOM MUI is only one of the LPHs that carry out inspections or testing of product halalness
Prior to the enactment of the Halal Certification Law, the position of LPPOM MUI was the only institution that carried out
halal certification based on a Memorandum of Understanding with the Ministry of Religion, Ministry of Health and MUI The memorandum of understanding is stated in the Decree of the Minister of Religion Number 518 of 2001 and the Decree of the Minister of Religion Number 519 of 200135
The executive director of LPPOM MUI since 2009 is Lukmanul Hakim who also serves as Chair of the MUI Community Economic Empowerment Division36 In addition, he is also the Special Staff of the Vice President for Economics and Finance37, and was a candidate for Head of BPJPH but was not elected38
The non-governmental organization close to LPPOM MUI and MUI is Indonesia Halal Watch (IHW) IHW was founded by Ikhsan Abdullah who also serves as Director39 Ikhsan Abdullah is the owner of the Abdullah &
Partner law office40, Deputy Chair of the MUI Law and Legislation Commission41, MUI
35 LPPOM MUI, “Sejarah LPPOM MUI”, https://www.halalmui.org/mui14/main/page/sejarah-lppom-mu 10/03/2020
36 MUI, “Kepengurusan MUI”, https://mui.or.id/kepengurusan-mui/, 16/01/2019
37 Fathurohman, “Jadi Staf Khusus Wapres Ma’ruf Amin, Siapa Lukmanul Hakim? https://www.idntimes.com/
news/indonesia/irfanfathurohman/jadi-staf-khusus-wapres-maruf-amin-siapa-lukmanul-hakim/3, 24/08/2020 38 Aulia Adam, “Perang Dingin MUI dan BPJPH dalam Kasus Halal Control” https://tirto.id/perang-dingin-mui-
dan-bpjph-dalam-kasus-halal-control-edYP, 10/07/2019
39 Vina, “IHW: UU Jaminan Produk Halal Perlu Kepastian” https://muslimobsession.com/ihw-uu-jaminan- produk-halal-perlu-kepastian-hukum/ 20/08/2020
40 NNP, https://www.hukumonline.com/berita/baca/lt56939ca71e837/ikhsan-abdullah--icorporate-lawyer-i- plus-detektif-halal/. 20/08/20
41 MUI, “Kepengurusan MUI”, https://mui or id/komisi-hukum-dan-perundang-undangan-kumdang, 16/01/2019
42 Suara Merdeka, “HI Beber Bukti MUI Belum Ikhlas Melepas Proses Sertifikasi Halal” https://suaramerdeka.
news/hi-beber-bukti-mui-belum-ikhlas-melepas-proses-sertifikasi-halal/ 5/7/20
43 Mi’raj, “JPI Gandeng LPPOM MUI Kembangkan Sertifikat Halal di Jepang”, https://umma id/article/share/
id/1005/637883, 5/7/20
44 Dahono, “Astafsus Wapres: Ketahanan Pangan Tak Lepas dari Peran Serta Masyarakat”, https://www.beritasatu.
com/nasional/647475-astafsus-wapres-ketahanan-pangan-tak-lepas-dari-peran-serta-masyarakat, 5/7/20 45 KBR, “Caleg Ikhsan Abdullah”, https://kbr.id/kenalicaleg/caleg/kualitas_detail/id/5060.html, 5/7/20
46 Kukuh Bhimo Nugroho, “Remang-Remang Dana Sertifikasi Halal”, https://tirto.id/remang-remang-dana- sertifikasi-halal-9di, 24 Mei 2016
attorney42, attorney and liaison for LPPOM MUI43, assistant to the special staff of the Vice President44, and has been a candidate for DPR member from the Gerindra Party45
There are three main interests of MUI over the Halal Certification Law First, ideological interests, namely the existence of state guarantees for the right of the Muslim community to obtain halal food as part of the protection to carry out worship Second, the interest to maintain religious authority on behalf of Muslims One of the authorities it has is determining the halalness of products through a fatwa session, conducting halal inspections through LPPOM, and issuing halal certificates Third, the economic interests obtained from the cost of halal inspections carried out by LPPOM MUI and the costs of the halal fatwa session which so far there is no obligation to be accountable to the public46
Other actors are the DPR and the
government as the legislators The Halal Certification Law is an initiative by the DPR which was officially proposed in 2011 The interest of the DPR and the Government as the legislators politically is to portray themselves as aspirational towards Muslims In addition, the government has an interest in providing legal certainty over the guarantee of product halalness through halal certificates regulated by state law
The government also has an economic interest The potential of the world halal market is very high, reaching 2 trillion USD Halal food and culinary products account for 12% of the world food trade market, which is valued at around 560 billion USD and continues to grow by 20 to 30 percent per year Indonesia’s contribution to this market is around 180 billion USD47
Entrepreneurs as parties that produce goods and services are parties who are directly affected by the regulation in the Halal Certification Law In the process of discussing the Halal Certification Law, entrepreneurs convey their aspirations either directly to the DPR or through the mass media Entrepreneurs were represented, among others by the Indonesian Employers’ Association (Apindo48), the Indonesian Food and Beverage Entrepreneurs Association (Gapmmi49),
47 Aal Lukmanul Hakim, “Dissecting the Contents of Law of Indonesia on Halal Product Assurance”, Indonesia Law Review, Vol 5, Number 1, (January – April 2015), p 91
48 Asosiasi Pengusaha Indonesia
49 Gabungan Pengusaha Makanan dan Minuman Indonesia 50 Kamar Dagang dan Industri Indonesia
51 Asosiasi Perusahaan Produk Halal Indonesia 52 Asosiasi Pengusaha Importir Daging Indonesia 53 Yayasan Lembaga Konsumen Indonesia
the Chamber of Commerce and Industry (KADIN50), the Pharmaceutical Entrepreneurs Association, the International Pharmaceutical Manufacturers Group, the Association of Indonesian Halal Products Companies (APPHI51), and Meat Importers Association (ASPIDI52) Entrepreneurs in principle agree on the existence of halal certification as long as it is voluntary and does not increase the burden of production costs and add to the bureaucratic chain
There are several parties that can be categorized as representing consumers, namely the Indonesian Consumers Foundation (YLKI53) and sosio-religiuous organizations, including Nahdlatul Ulama (NU) and Muhammadiyah YLKI is concerned with enforcing the Halal Bill, which will face major obstacles if it is mandatory Community organizations NU and Muhammadiyah are concerned about the organizers of halal certification that should be given to sosio- religiuous organizations
4. MUI’s Domination in the Establishment of the Halal Certification Law
According to Asep Saepudin Jahar and Talhah, there is a struggle for influence in the discussion of the Halal Certification Law, not
only between the government and the DPR but also with the MUI and other community groups The issue of halal product certification is not only a religious issue but also involves economic interests54
The dominance of MUI in the formation of the Halal Certification Law can at least be seen from two important issues, namely the nature of the halal certificate between mandatory or voluntary and the institution that administers the halal certification In discussing the two issues, MUI faced business actors, even the government However, the MUI, which uses religious legitimacy and political networks in the DPR, has succeeded in dominating the formation of the Halal Certification Law
Regarding the nature of halal certification, entrepreneurs want it to be voluntary The chairman of Apindo, Sofjan Wanandi, stated that halal certification brings high economic costs, especially for the Small and Medium Enterprises group Gapmmi also considers that the obligation for halal certification will burden business actors in the food and beverage sector55 They said that halal certification should remain voluntary56
One of the products that were very worried about being negatively affected by the halal certification obligation are pharmaceutical products Almost all medicines and vaccines
54 Asep Saepudin Jahar and Thalhah, “Dinamika Sosial Politik Pembentukan Undang-Undang Jaminan Produk Halal”, Al – Ihkam, Vol 12 No 2, (Desember 2017), p 385
55 Majalah NAWALA, The Wahid Institute, (Agustus-Oktober 2009), p 3
56 Arif Wicaksono, “Industri tolak sifat Mandatory RUU Produk Halal,” http://nasional.kontan.co.id/news/
industri-tolak-sifat-mandatory-ruu-produk-halal. 13/07/2020
57 “Kemenkes menolak sertifikasi halal itu untuk vaksin dan obat obatan,” Koran TEMPO, 10 Desember 2013 58 Arif Wicaksono, “Industri Keberatan Jika Diwajibkan Halal”, https://money.kompas.com/
read/2013/12/16/2023402/Industri.Keberatan.jika.Diwajibkan.Halal?page=all 16/12/2013
contain ingredients that are not halal The Minister of Health at the time, Nafsiah Mboi, stated that he rejected the obligation of halal certification for pharmaceutical products Provision of conditions for the drug to be halal will actually cause delays in the handling of sick or critical patients57
The length of the certification process will be detrimental to patients who need the drug or vaccine This was confirmed by the Executive Director of the Indonesian Pharmaceutical Company Association, Drodjatun Sanusi He considered that certification bodies would find it difficult to verify because no one can guarantee the halalness of certain medicinal products, especially drug and biological product manufacturers relying on 95-96%
of chemical raw materials originating from various countries In fact, there are chemical raw materials that are processed in two countries at once In addition, the drug is an emergency which of course must be a consideration in determining whether the drug is halal or not Therefore, not all drugs need to be certified58
The International Pharmaceutical Manufacturers Group (IPMG) expressed objections if the Halal Certification Law was applied in its entirety to drugs and pharmaceutical products Characteristics
of food or drink are different from the characteristics of drugs Medicines are consumed based on the prescription of a doctor who is an expert in their field and has no other alternative such as food Halal or haram of a drug should be measured by its safety, quality, and effectiveness Indonesia should follow the example of other Muslim-majority countries such as Saudi Arabia and Malaysia which exempt medicines from the obligation of halal certification59
The chairman of KADIN, Hariyadi Sukamdani, said that KADIN and other associations firmly rejected the existence of halal certification He is concerned that if halal certification is required it will have a negative impact on the small and medium- sized business sector in terms of human and financial resources The costs to be incurred will be expensive60
GAPMMI also gave a similar rejection According to Franky Sibarani, the obligation to stick halal labels on food and beverage products will increase the burden on entrepreneurs They are worried that this obligation will make small industries die, especially after
59 IPMG, “Position Paper dalam UU Jaminan Produk halal”, http://www.ipmg-online.com/images/file/
fileA115120120928173455. Pdf, 16/12/2013
60 Iris Gera, “Jaminan produk halal akan diudangkan, KADIN Keberatan”, https://www.voaindonesia.com/a/
jaminan-produk-halal-akan-diundangkan-kadin-keberatan-132608738/99928.html, 26/10/2011
61 Kontan, “Pengusaha Minta label halal tak wajib” https://industri.kontan.co.id/news/pengusaha-minta-label- halal-tak-wajib, 28/02/2009
62 Tempo, “YLKI tolak kewajiban labelisasi halal” https://nasional.tempo.co/read/312198/ylki-tolak-kewajiban- labelisasi-halal, 09/02/2011
63 Republika Online, “DPR Tawarkan Fatwa Halal Dilakukan MUI,” Republika.co.id, 3 Juni 2014, bag Khazanah, https://republika.co.id/berita/dunia-islam/islam-nusantara/14/06/03/n6lcbz-dpr-tawarkan-fatwa-halal- dilakukan-mui. 10/03/2020
the issuance of the regulation, the burden of managing halal certification will swell Even though the cost of managing halal certification services before the Halal Certification Law alone was around Rp 5 million61
From the consumer side, YLKI questioned the government’s ability to enforce the law against large companies that violated the certification provisions According to the chairman of YLKI Sudaryatmo, the government will be overwhelmed in upholding this obligation The government should allow halal certification to be voluntary Entrepreneurs will take care of halal certificates when marketing their products in Muslim-majority areas such as Indonesia62
MUI through LPPOM MUI proposes a mandatory halal certificate The Director of LPPOM MUI, Lukmanul Hakim, believes that if halal certification is voluntary, there will be less protection for the community This can be proven from the number of industries that do not register their products to be certified halal63 Mandatory certification is needed to protect consumers If halal certification is voluntary, then there is no need for a Halal
Certification Law64
At first the House of Representative (DPR65) and the government wanted halal certification to be voluntary so as not to burden business actors66 This difference of opinion makes the discussion of the Halal Bill not experience significant progress in a long time because MUI want to be mandatory In September 2014 an agreement was reached between the DPR and the government to accept the views of the MUI but was carried out in stages over a period of 5 years67 With this change of opinion, in the end it was decided that halal certification is mandatory even though the business community still believes that it should be voluntary
Regarding institutional issues, there were three opinions that were discussed and took a long time First, the authority for halal certification remains as it has been before, namely by MUI, especially LPPOM MUI Second, it is carried out by an institution formed by the government, in this case BPJPH as a form of state responsibility to provide protection for the right to worship by consuming or using halal products
64 Estu Suryowati, “MUI: Sertifikasi halal harus bersifat halal”, https://nasional.kontan.co.id/news/mui-sertifikasi- halal-harus-bersifat-wajib, 26/2/2014
65 Dewan Perwakilan Rakyat
66 Arif Wicaksono, “Industri tolak sifat mandatory RUU Produk Halal”, https://nasional.kontan.co.id/news/
industri-tolak-sifat-mandatory-ruu-produk-halal, 16/12/2013
67 Mi’raj, “DPR – Kemenag Rapat Tertutup Bahas RUU JPH”, https://minanews.net/dprkemenag-gelar-rapat- tertutup-bahas-ruu-jph/, 9/9/2014
68 BBC, “Siapa yang berhak keluarkan sertifikat halal?”, https://www.bbc.com/indonesia/forum/2014/03/140303_
forum_sertifikat_halal, 3/4/2014
69 Muhammad Yasir, “Warga Jerman Ungkap Aksi Jahat Oknum MUI Soal Pungli Sertifikasi Halal”, https://www.
suara.com/news/2019/07/18/130025/warga-jerman-ungkap-aksi-jahat-oknum-mui-soal-pungli-sertifikasi- halal?page=all_18/07/19
Third, the government only acts as regulator, while technical implementation is left to the community
The MUI and several factions in the DPR are of the opinion that the authority for halal certification remains with the MUI On the other hand, the government believes that the authority lies with the government in cooperation with various community organizations The Minister of Religion, at that time Suryadharma Ali, stated that the issuance of halal certificates should be in the hands of the government because if they were given to community organizations there would be differences in standards If it is only given to MUI, it will create a perception of the MUI’s privilege and bring jealousy from other social organizations68
Another aspect conveyed by the government is the aspect of accountability Prior to the Halal Bill, halal certification was handled by the MUI and did not need to be accountable to the government MUI buys laboratory equipment, examines it, and the applicant pays directly to MUI69 If the manager is the government, the costs will
become Non-Tax State Revenue (PNBP70)71 MUI institutionally at that time stated that it rejected the Halal Bill if the authority to issue halal certificates was not given to MUI Through a press release entitled “MUI’s Response to the Halal Bill”, MUI stated that halal certification is actually a protection for the people and its stipulation is in the realm of sharia and part of religious law so that it is the authority of the ulama “So the takeover of halal certification from MUI to the government or agency is a mistake from the point of view of Islamic law,”
explains the document dated July 23 signed by KH Ma’ruf Amin and H Ichwan Syam Ma’ruf also said that those who are entitled to issue a halal certificate must be a competent party
“Therefore, if the Halal Bill is still passed into law and in that law the role of MUI is lost as an institution that provides certification, then MUI will not be responsible for the law,” said Ma’ruf72
The discussion on the institutionalization of Halal Bill in the DPR was disclosed by Ace Hasan Syadzili, who at that time served as chairman of Commission VIII of the DPR There are parties who want the halal guarantee institution to be under the Minister of Religion, because halal certification is related to the issue of the state’s obligation to protect religious freedom However, there is also a suggestion that the halal product guarantor authority
70 Pendapatan Negara Bukan Pajak
71 Bisnis, “Soal RUU Jaminan Produk Halal, Menag Khawatir Ormas Lain Cemburu Pada MUI”, https://www.
medanbisnisdaily.com/news/read/2014/03/03/82351/soal_ruu_jaminan_produk_halal_menag_khawatir_
ormas_lain_cemburu_pada_mui/, 03/03/2014 72 Nawala, op cit, p 2
73 “Dialog khusus RUU Jaminan Produk halal,” TV parlemen.com, 2014
be handled by a non-ministerial government agency under the President, namely the national halal product inspection agency In the agency there are government elements from several relevant ministries, such as the ministries of industry, health and agriculture This proposal is based on the argument that the issue of halal assurance is not only related to the ministry of religion The existence of an institution under the President will allow for faster coordination and greater legal force73
At another point there is a view that the whole community, especially sosio- religious organizations must be involved The MUI monopoly in examining and determining product halalness must end In the Halal Bill, community involvement in the implementation of halal product guarantees is marked by the existence of a Halal Inspection Agency (LPH) which can be established by the government and Islamic organizations, but for the determination of product halalness only by the MUI
The controversy over the authority for halal certification between the government and MUI was responded to by PBNU who urged that the discussion of the Halal Bill be suspended because the discussion was considered “full of lust for the monopoly of certain parties” Overall improvements need to be made so that the perspective is for the
good of the community and is not full of monopoly interests of certain parties The spirit of the Halal Bill is that certification is a participatory public service affair, not a monopolistic one PBNU also stated that NU has a congregation of 70 (seventy) million people who have never submitted a mandate to MUI in religious matters, including matters of halal certification74
The next polemic that arose in the preparation of the Halal Certification Law was MUI as the sole institution in examining and issuing a halal fatwa for a product Parties who agree that halal product certification must be submitted to MUI generally think that MUI already has experience and a mature system in handling halal certification and has capacity in the field of religion Meanwhile, those who agree with the opinion that halal authority should be distributed to other institutions outside the MUI argue that this will reduce the burden on the MUI and facilitate the certification process
One of the chairmen of MUI, KH Amidhan, argues that MUI already has halal standardization for food, drug, and cosmetic products which are currently circulating in Indonesian society In addition, there are several Islamic organizations that support the halal fatwa to remain under the authority of the MUI, namely; KAHMI (Alumni
74 Y Gustaman, “PBNU Desak Pembahasan RUU Produk Halal Dihentikan, https://www.tribunnews.com/
nasional/2014/03/04/pbnu-desak-pembahasan-ruu-produk-halal-dihentikan, 4/3/2014
75 Ruslan, “Ormas Islam dukung MUI pemberi sertifikat halal”, https://republika.co.id/berita/m2h61z/ormas- islam-dukung-mui-sebagai-pemberi-sertifikasi-halal, 14/04/2012
76 Her/Rdf, “YLKI minta LPPOM-MUI tak monopoli audit labelisasi halal”, https://news.detik.com/
berita/d-1567865/ylki-minta-lppom-mui-tak-monopoli-audit-labelisasi-halal, 9/02/2011 77 Dewan Perwakilan Daerah
Corps of the Islamic Student Association), Muhammadiyah, Al-Irsyad, and the Islamic Community Association75
On the other hand, one of the parties who rejects MUI’s monopoly in handling certification is YLKI, this was stated by the Chairman of the YLKI Daily Management, Sudaryatmo to reporters after the hearing with Commission VIII in the DPR regarding the Halal Bill Basically, the opinion he conveyed was almost the same as that of several Islamic mass organizations, namely that the government wanted the examination stage to be handed over to a research agency or university that has a laboratory and the fatwa was still given to the MUI76
The issue of the authority of the “halal fatwa” in the hands of the MUI has received a different response in the two Islamic organizations that have the most followers, NU and Muhammadiyah, even though they both have representations at the MUI This difference of opinion is read in the hearing with committee III of Senate (DPD77) NU believes that certification authority should be given to organizations that have the same capacity and have clear followers This was expressed by Andi Najmi as a representative of NU He argues that halal certification must be submitted to competent Islamic organizations and the mass base is clear
Meanwhile Muhammadiyah stated that the Halal Bill still needed to be studied together in depth This bill must be able to reflect the value of unity and integrity because its existence creates sensitivity for certain groups The bill must accommodate all groups So far, MUI has become a fairly good halal certification body He agreed with MUI’s opinion that the authority to issue fatwas was sufficient in one institution so as not to cause differences and confusion78
LPPOM-MUI supports that the certification authority must be with Ulama who are members of the MUI, not scientists Scientists only act as supporting agents, while scholars have the capacity to issue fatwas on the halalness of a product based on considerations of Islamic law79
Hampering the Implementation of Halal Certification Law
The dominance of MUI in the discussion of the Halal Certification Law continues at the implementation stage of the Halal Certification Law The Halal Certification Law has indeed eliminated the MUI’s power to issue halal certificates even though it still holds the monopoly of the halal fatwa session In addition, LPPOM MUI has also lost its monopoly on inspection or testing of halal products that wish to obtain halal certificates
78 Op cit
79 DPD, “PP Muhammadiaya, PB Nahdlatul Ulama dan LPPOM-MUI: RUU jaminan produk halal perlu dikaji ulang” https://dpd.go.id/artikel-detail/pp-muhammadiyah-pb-nahdlatul-ulama-dan-lp-pom-mui-ruu-jaminan- produk-halal-perlu-dikaji-ulang-, 12/08/2020
80 Muhammad Fakhruddin, “DPR Ingatkan Sertifikasi Halal Demi Kemaslahatan Umat”, https://republika.co.id/
berita/qdxsd1327/dpr-ingatkan-sertifikasi-halal-demi-kemaslahatan-umat 24/07/20
Moreover, the Director of LPPOM MUI, Lukmanul Hakim, failed to be elected as Head of BPJPH
The battle for power in the implementation of the Halal Certification Law occurs through at least three things, namely (1) hampering the formation of implementing regulations, (2) suing in court, and (3) through discussion of the Omnibus Law Bill These three ways make the implementation of the Halal Certification Law hampered by the interests of the MUI Questioning the Establishment of Regulations
One of the protracted problems in the implementation of the Halal Certification Law is the formation of implementing regulations for both PP and PMA The new PP was ratified after almost 5 years of the existence of the Halal Certification Law, even though the time limit given was 2 years PMA was legalized a few months after the formation of the PP The delay in the formation of implementing regulations was due to the tension in the relationship between BPJPH and MUI MUI wants to reaffirm its role through PP and PMA
The relationship between BPJPH and MUI since the formulation of PP JPH has been like a “cold war”80 According to Indonesia Halal Watch (IHW), the delay in ratifying PP JPH is due to the absence of cooperation
between BPJPH and MUI This resulted in the obstruction of halal auditor certification by MUI and the issuance of a fatwa on halal products by MUI could not be carried out81
Formally, the delay in the formation of the PP JPH according to the Minister of Religion Lukman Hakim Saifuddin is because cross- ministerial coordination is needed PP JPH requires a comprehensive discussion and its scope is not only food and beverage products82 Coordination in this case also includes MUI as a party that has a role in the implementation of JPH MUI had sent an objection letter to the President regarding the content of the RPP The objection is that the MUI mechanism and SOP are not regulated in conducting a fatwa session to determine product halalness in accordance with what has been carried out by MUI83
On 12 December 2018, Lukmanul Hakim revealed that MUI was offended by the preparation of the PP which became the implementation of the Halal Certification Law because MUI was not notified of the contents of the PP by the government He stated that the authority of the MUI must be regulated because the MUI is no longer outside the state organization, but has become part of
81 Heriani, “PP JPH Belum Terbit, Pelaksanaan Sertifikasi Produk Halal Butuh Perpres”, https://www.hukumonline.
com/berita/baca/lt5c35f95367297/pp-jph-belum-terbit--pelaksanaan-sertifikasi-produk-halal-butuh-perpres/, 09/01/20
82 CNN, “Jokowi: RPP Jaminan Produk Halal Belum Sampai ke Meja Saya”, CNN Indonesia, 16/04/2019 83 Rofiq Hidayat, “PP Jaminan Produk Halal Masih Tunggu Infrastruktur Pendukung”, https://www.hukumonline.
com/berita/baca/lt5cde5eb8e0cb1/pp-jaminan-produk-halal-masih-tunggu-infrastruktur-pendukung?page=2 17/05/2019
84 Hidcom, “LPPOM: MUI Tersinggung atas Penyusunan PP Turunan UU JPH”, https://www.hidayatullah.com/
berita/nasional/info-halal/read/2018/12/12/156369/lppom-mui-tersinggung-atas-penyusunan-pp-turunan-uu- jph.html 12/12/2018
85 Heriani, “PP JPH Belum Terbit, Pelaksanaan Sertifikasi Produk Halal Butuh Perpres”, https://www.hukumonline.
com/berita/baca/lt5c35f95367297/pp-jph-belum-terbit--pelaksanaan-sertifikasi-produk-halal-butuh-perpres/, 09/01/20.
the state MUI has been mentioned in the Halal Certification Law which authorizes the determination of halal fatwas84
Responding to the delay in the issuance of PP JPH, IHW once proposed to the President to issue a Presidential Regulation (Perpres) This is intended to give temporary authority to MUI to issue halal certificates The Perpres was also asked to give authority to LPPOM MUI until BPJPH was ready to operate85
The domination of MUI resulted in material inconsistencies between the Halal Certification Law, PP JPH, and PMA JPH There are four inconsistent substances, namely regarding the obligation of halal certificates and stages, LPH accreditation, halal supervisors, and about international cooperation in conformity assessment and/or recognition of halal certificates
The obligation for halal certificates for products that enter, circulate, and trade in Indonesia based on Article 67 paragraph (1) of the Halal Certification Law comes into effect 5 years from the promulgation of the Halal Certification Law, to be precise on October 17, 2019 The provisions of Article 67 paragraph (2) of the Halal Certification Law stipulates that
before the obligation takes effect, the types of products that are certified halal are regulated in stages This provision regulates the stages of halal-certified products so that on October 17, 2019 all products are halal-certified The stages are carried out before the deadline for the obligation to be certified halal, which is on October 17, 2019, not after the mandatory halal certificate for all products takes effect
The provisions for the implementation of the halal certificate obligation are starting to be inconsistent in PP JPH Article 72 paragraph (4) of PP JPH states that products that have not been certified halal on October 17, 2019 will be further regulated by a Ministerial Regulation after coordinating with relevant ministries/agencies Article 72 paragraph (4) PP JPH provides space or allows for products that have not been certified halal on October 17, 2019 This provision clearly contradicts or is inconsistent with the Halal Certification Law which mandates that all products must be certified halal on October 17, 2019
Violations of the provisions of the Halal Certification Law are more firmly contained in Article 35 paragraph (1) of PMA JPH which states that products that have not been certified halal on October 17, 2019 can still enter, circulate, and be traded in the territory of Indonesia in accordance with the stages of the type of product that must be certified halal This provision of Article 35 PMA JPH clearly overrides the provisions of Article 4 and Article 67 paragraph (1) of the Halal
86 Komite Akreditasi Nasional 87 Article 37 PP JPH
Certification Law
Article 35 paragraph (1) PMA JPH also implies that the phasing of the certificate obligation is carried out after the arrival of the halal certificate obligation, which is October 17, 2019 The stages after the halal certificate obligation period are clearly shown from the phasing provisions regulated in Article 33 This is clear inconsistent with Article 4 and Article 67 paragraph (1) of the Halal Certification Law
The second inconsistency is related to the LPH Accreditation arrangement Article 13 paragraph (1) letter b of the Halal Certification Law states that in order to establish an LPH, accreditation requirements from BPJPH must be met Thus, it is BPJPH that provides LPH accreditation, not other institutions and not in collaboration with other institutions including MUI
The LPH accreditation provisions in PP JPH are inconsistent with the provisions in the Halal Certification Law PP JPH regulates two stages of accreditation, namely accreditation by BPJPH at the time of establishment and accreditation by non-structural institutions that carry out government duties in the field of accreditation (KAN86) Although Article 35 paragraph (1) of PP JPH states that LPH accreditation is carried out by BPJPH, the result of this accreditation is only a certificate of LPH87 After obtaining the certificate, LPH must apply for accreditation to fulfill the conformity assessment to KAN In carrying
out this accreditation, KAN cooperates with BPJPH and MUI88
The arrangement in PMA JPH is also different Applications for accreditation for conformity assessment are not only carried out by KAN in collaboration with BPJPH and MUI but are carried out separately Article 49 paragraph (1) PMA JPH determines that LPH submits an application to KAN for conformity assessment and submits it to MUI for sharia conformity assessment
The third inconsistency is related to the halal supervisor Article 24 letter c of the Halal Certification Law stipulates that business actors who apply for a halal certificate are required to have a halal supervisor Halal supervisor status in this case means as a person who works for business actors The requirement to become a halal supervisor is to be Muslim and have broad insight and understand the Shari’a about halal89
Halal supervisor status is regulated differently in PMA JPH Halal supervisor is a separate profession that requires special education and training and must have a halal supervisor competency certificate Education and training, as well as competency tests are carried out by BPJPH in coordination with MUI90
The fourth inconsistency is regarding international cooperation in conformity assessment and/or recognition of halal
88 Article 39 PP JPH
89 Article 28 para 2 Halal Certification Law 90 Article 78, 81, and 82 PMA JPH 91 Article 25 para 3 PP JPH
certificates Article 46 paragraph (1) and paragraph (2) of the Halal Certification Law stipulates that the government can carry out international cooperation, one of which is in the form of conformity assessment and recognition of halal certificates This is reaffirmed in Article 25 of PP JPH with the additional provision that the cooperation is carried out by BPJPH in coordination and consultation with the Minister of Religion and the Minister of Foreign Affairs91
Article 20 paragraph (3) PMA JPH contains inconsistent substance by stipulating that the conformity assessment cooperation is carried out by BPJPH together with KAN and MUI Foreign halal institutions that can cooperate with mutual recognition are foreign halal institutions that have collaborated with MUI
There is a common thread of inconsistency between UU JPH, PP JPH, and PMA JPH, namely the inclusion of the roles of BSN and KAN, as well as the increasing role of MUI The additional role of MUI is in the LPH accreditation process, education and competency testing of halal supervisors, and international cooperation
Challenging in Court
BPJPH was sued by IHW for establishing PT Sucofindo as an LPH without cooperation with MUI The lawsuit was submitted to
the Administrative Court on July 1, 2020 According to BPJPH, the determination has met the requirements because PT Sucofindo already has a certified Halal Auditor92 This lawsuit was registered with the Jakarta Administrative Court under Number:
126/G/2020/PTUN JKT This case was decided on August 11, 2020 with the verdict stating that the lawsuit was unacceptable The Court’s reasoning was that the object of the lawsuit, namely the decision of BPJPH regarding the stipulation of PT Sucofindo as an LPH, did not yet exist93
When the PP was ratified, IHW had submitted a judicial review of PP JPH to the Supreme Court on 23 May 2019 There were five reasons as the basis for IHW to submit a judicial review First, the mandatory PP JPH will burden the community so that the government must subsidize halal certification for SMEs Second, PP JPH is seen as reducing or delusional of the authority of MUI in determining product halalness Third, Article 22 paragraph (2) PP JPH mandates cooperation between BPJPH and MUI in Halal Auditor education and certification, contrary to Article 14 of the Halal Certification Law which stipulates the requirements for Halal Auditors, one of which is to have a certificate from MUI Fourth, international cooperation does not involve MUI for the recognition of halal
92 Muhammad Fakhruddin, “Indonesia Halal Watch Jelaskan Gugatan Terkait LPH Sucofindo”, https://republika.
co.id/berita/qdtz9x327/indonesia-halal-watch-jelaskan-gugatan-terkait-lph-sucofindo 22/07/2020 93 Court Decision No 126/G/2020/PTUN JKT
94 Puguh Hariyanti, “Indonesia Halal Watch Layangkan Uji Materi PP No 31/2019 ke MA” https://nasional.
sindonews.com/berita/1406862/15/indonesia-halal-watch-layangkan-uji-materi-pp-no-312019-ke-ma, 23/05/2019
95 Supreme Court Dec No, 48P/HUM/2019
certificates issued by foreign institutions Fifth, PP JPH is considered to take the authority of other stakeholders, not to build a spirit of cooperation so that it will have a negative impact on the growth of halal products and the Indonesian halal industry94
The PP JPH judicial review was registered as Case Number 48 P/HUM/2019 and was decided on September 26, 2019 with the decision to reject the applicant’s application The Supreme Court’s decision stated that PP JPH had accommodated the role of MUI related to halal certification, LPH accreditation, and determination of product halalness Meanwhile, LPPOM MUI will become one of the LPHs PP JPH will not burden MSMEs because there are provisions that mandate BPJPH to cooperate with other ministries to facilitate halal for MSMEs MUI also continues to play a role in international cooperation on foreign products and recognition of conformity assessments and recognition of foreign halal certificates95
31 directors, auditors, and LPPOM MUI officials from various provinces in Indonesia (among them: North Sumatra, DI Yogyakarta, East Java, Gorontalo, West Kalimantan, Banten, and North Maluku) have also submitted judisial review of the Halal Certification Law to the Constitutional Court They were represented by Ikhsan Abdullah
and colleagues The applicants who can be said to represent LPPOM MUI as an institution, submitted a request specifically related to the transfer of authority for halal certification from MUI to BPJPH The applicants feel that they have earned the public’s trust for more than 30 years to carry out halal certification96
The existence of the Halal Certification Law by the applicants is considered not to solve the problem of product halalness but instead worries the community because it ‘revokes a law that has existed in society for 30 years’
The Halal Certification Law is considered contrary to the state’s goal to protect the entire Indonesian nation and is contrary to Article 28D concerning legal certainty The Petitioner stated that the job loss of more than 2000 LPPOM staff throughout Indonesia was due to the transfer of authority from LPPOM to BPJPH so that it was considered contrary to Article 27 paragraph (2) However, this application was revoked by the applicant prior to the ratification of the JPH PMA97
The request ran at the same time as the discussion of the PMA JPH Draft involving MUI In the discussion, MUI asked to be involved in international cooperation in recognizing halal certificates The application was revoked after going through a preliminary examination hearing The application for case withdrawal was submitted on September 20,
96 Ikhsan Abdullah and Partners, Permohonan Uji Materiil atas “Pasal 5, Pasal 6, Pasal 47 ayat (2) dan ayat (3) Undang-undang Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal terhadap Undang-undang Dasar Negara Republik Indonesia 1945”, https://mkri.id/public/filesimpp/berkasReg_2764_Permohonan%20 Perkara%20 Nomor%2049%20PUU%20XVII%202019.pdf, p 12
97 Constitutional Court Decision No 49/PUU-XVII/2019
98 Lembaga Advokasi Halal “Indonesia Halal Watch”, Press Release: Permohonan Kepada Presiden Republik Indonesia untuk Menerbitkan Perppu Jaminan Produk Halal Karena Adanya Sifat Kegentingan Hukum
2019 and determined by the Constitutional Court on September 25, 2019 PMA JPH was ratified on October 15, 2019
After the approval of PMA JPH, IHW submitted a press release asking the President to issue a Government Regulation in Lieu (Perppu) on Halal Product Guarantee This request is in response to a Memorandum of Understanding between the Ministry of Religion, Ministry of Health, Ministry of Agriculture, Ministry of Foreign Affairs, Ministry of Research Technology and Education, Ministry of Finance, Ministry of Communication and Information, Indonesian National Police, and MUI on the Implementation of Halal Certification Services The Memorandum of Understanding is considered to have weakened the independence of MUI because the MUI halal fatwa sisseion will involve elements of ministries and institutions, even though the determination of halal fatwas is seen as the domain of scholars The memorandum of understanding also gave rise to KAN which was involved in halal certification services, especially halal auditor certification which had been carried out by MUI IHW asked the President to postpone the implementation of the Memorandum of Understanding and issue a Government Regulation in Lieu However, this press release does not mention the contents of Government Regulation in Lieu 98
