Legal Issues for the Producers upon Existing Regulation Concerning Halal Product Guarantee English

Abstract

The Government of Indonesia is intensively proclaiming and requiring halal labels on every product issued and traded throughout the territory of the Republic of Indonesia, as regulated concerning Halal Product Guarantee (JPH Law). In order to obtain a halal certificate, the business actor is obliged to submit an application for halal certification, by fulfilling 8 (eight) stages in the halal certification process. The research method used in this journal is descriptive research, in which the researcher will qualitatively describe the importance of the existing Halal Certificate for every producer in order to provide legal certainty for the consumers. Basically, in JPH Law creates legal problems for the business actors, because firstly, it must pass through a complicated bureaucracy, starting from the submission of halal certificate application to the process of halal certificate issuance; and secondly, the time required for the issuance of halal certificates is 62 days or more. Both issues seemingly encourage the business actors to commit a criminal act of fraud in the form of halal certificate falsification, as well as not guaranteeing halalness of a product that already has halal certificate, although they know well about the sanction given to them according to Article 56 in JPH Law, namely imprisonment at a maximum of 5 (five) years or a penalty amounting to 2 (two) billion. However, without the issuance of the Implementing Regulations of JPH Law, such Law has not been able to be functioned properly. Thus, any criminal acts of fraud committed by the business actors are subjected only to Article 386 in the Criminal Code concerning Fraud