The Petitioner’s legal counsels conveying the revisions to the judicial review petition of Article 48 number 1, 19, 20, and 32 of Law No. 6 of 2023 on the Stipulation of Perppu No. 2 of 2022 on Job Creation into Law, Wednesday (5/31/2023). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review of Article 48 numbers 1, 19, 20, and 32 of Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law (Job Creation Law) on Wednesday, May 31, 2023 in the plenary courtroom. The petition No. 49/PUU-XXI/2023 was filed by Indonesia Halal Watch, represented by chairman Joni Arman Hamid and secretary Raihani Keumala.

At this second hearing, which took place on site, legal counsel Syaiful Anwar conveyed the revisions to the petition. “The revisions to the material judicial review petition of Chapter III Part IV, eighth paragraph, Article 48 number 1, paragraph 1, point 10 along the phrase ‘or the Halal Product Fatwa Committee,’” he said.

He added that the Petitioner would like to add evidence. “Exhibit P6 that we submitted is the improvement to the one we had submitted initially. The old P6 is replaced by the new one. We also mention on page 11 Article 6 the objectives of the halal advocacy agency halal Indonesia Halal Watch,” he explained.

Also read: Court Reviews Constitutionality of Two Halal Certification Institutions

At a preliminary hearing on Wednesday, May 17, the Petitioner argued that that Article 48 number 1, 19, 20, and 32 of the Job Creation Law had amended a number of articles in Law No. 33 of 2014 on Halal Product Guarantee (JPH), i.e. Article 1 number 1 point 10, Article 33A paragraphs (1) and (2), Article 33B paragraphs (1) and (2), and Article 63C paragraphs (1) and (2). Through legal counsel Syaeful Anwar, the Petitioner argued that the amendments to the articles in the JPH Law embodied in the Job Creation Law have violated their constitutional rights.

The Petitioner believes that Article 48 number 1, Article 48 number 19, and Article 48 numbers 20 and 32 of the Job Creation Law have created dualism in halal certification institutions. Initially, the institution authorized to issue halal certification was only the Indonesian Ulema Council (MUI) as stipulated in the JPH Law. However, with the articles being reviewed, another institution—the Halal Product Fatwa Committee under the authority of the Ministry of Religious Affairs—can now do so.

“Now then there is a dualism that is very detrimental to the Petitioner. This Halal Fatwa Committee has led to the absence of legal certainty, including the halal fatwas formed or issued by the Halal Fatwa Committee as stipulated in the Job Creation Law. There is no legal certainty because the products issued by the Halal Fatwa Committee are under the Ministry of Religion,” Anwar explained.

The Petitioner believes the halal fatwas issued by MUI are final, because the issuance of halal fatwas is the authority of a religious institution, i.e. MUI. Meanwhile, the Halal Product Fatwa Committee was formed by the Government and is responsible to the Minister, in this case the Ministry of Religious Affairs. This results in the issuance of halal certification being included as state administrative (TUN) objects. Anwar added that this would actually be a “problem” if cases of halal certification are examined by the state administrative court (PTUN) because the its judges are not familiar with the terminology and usul fiqh, the Quran and the Prophet’s hadith, which are the touchstones of the quality of halal or haram of any product.

Normatively and the data as mentioned above, Anwar added, related to the JPH Law, there is no “situation or compelling urgency in the field of halal certification.” Thus, the Petitioner requested that the Court declare the entire norm changes as mentioned above unconstitutional. 

Author       : Utami Argawati
Editor        : Nur R.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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