Ahmad Ishomuddin, a cleric, testifying as an expert for the Government at the fifth judicial review hearing of the Job Creation Law, Wednesday (2/21/2024). Photo by MKRI/Panji.
JAKARTA (MKRI) — The formation of the Halal Product Fatwa Committee in the Islamic perspective must be supported. It should not be prohibited, since no guide prohibits it and it is not categorized actions that violate religious norms and applicable laws. The basis is al-Mashlahah al-Mursalah (considerations of public interest), since no guide supports it (al-Mashlahah al-Mu’tabarah) and there is no guide that rejects it (al-Mashlahah al-Mulghah), either directly or indirectly.
The statement was made by cleric Ahmad Ishomuddin as an expert for the Government at the fifth judicial review hearing of Article 48 points 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, February 21, 2024 in the plenary courtroom. The hearing was for cases No. 49/PUU-XXI/2023 and No. 58/PUU-XXI/2023.
He explained that the committee would inevitably be formed due to necessity. The Religious Affairs Ministry-formed fatwa committee issues fatwas independently, impartially, and without government intervention. However, it administratively answers to the Minister of Religious Affairs. The committee respond to and anticipates questions by business actors on developing, dynamic, and increasingly problematic new legal cases relating to halal products.
“The Petitioners and their experts have no relevant logical reason or sound arguments. They only have assumptions…. The petitions, which essentially serve to promote the stipulation of only one fatwa institution, that is the MUI Fatwa Commission gave the impression that a group of people intend to monopolize fatwa, and it does not reflect on other Muslim countries whose governments have established official fatwa institutions and disregarded various parties/ulemas outside the MUI Fatwa Commission who have the authority, integrity, and capability to formulate fatwa,” he stressed before Chief Justice Suhartoyo and the other constitutional justices.
Fatwa Committee’s Responsibility
At the same hearing, Makhrus Munajat, a law professor at Sunan Kalijaga State Islamic University of Yogyakarta (UIN Suka), testified as another expert for the Government that the Halal Product Fatwa Committee is a transitional committee formed to fill in the vacuum and prepare foundation and institutional aspects until a definitive fatwa committee is formed no later than a year after the Job Creation Perppu was promulgated. The perppu only legitimized three institutions authorized to issue fatwa: Indonesian Ulema Council (MUI), Aceh Ulema Consultative Assembly (MPU), and Halal Product Fatwa Committee.
“Before the Job Creation Perppu was issued, only MUI and MPU was given mandate. MPU, as it name signifies, only operates in and covers Aceh. In order for business actors to get a halal certificate, the Fatwa Committee has been given two duties: stipulating the fatwa on the product halalness conditionally if MUI and MPU have passed the deadline for its stipulation according to statutory law,” Makhrus explained.
In addition, the Halal Product Fatwa Committee has been given responsibility to issue fatwas on the product halalness for micro- and small businesses. The committee has a vital position and role in guaranteeing the halalness of services as well as food products, beverages, drugs, cosmetics, chemical products, biological products, genetically modified products, as well as goods used by the public in Indonesia’s territory to that are feasible and safe for consumption after meeting sharia aspects and standards before they can obtain a halal certificate from the Halal Certification Agency (BPJPH) after passing inspection, test, and audit process at Government-recognized halal products guarantor institutions (LPH).
Halal Certification Process
Makhrus stated that when the halal certification process is handled by the Government (BPJPH) and becomes a requirement in economic activities, it must be subject to transparent system, standards, process, and rules in terms of administration, procedure, target time, fees, and all provisions that will be applied fairly to all levels of business actors, so all aspects must apply fairly. Therefore, if the fatwa relies solely on MUI, if obstacles arise the Ministry of Religious Affairs or BPJPH cannot take actions or anticipatory steps because MUI is a strategic partner not subordinate to the Government. The Halal Product Fatwa Committee must be strengthened, even its reach must be expanded to cover not only the national level but also the provincial and even regency levels as the extension of the MUI Fatwa Commission.
Makhrus emphasized that the Halal Product Fatwa Committee actually helps Muslims obtain legitimate proof of product halalness. It was formed by the Minister of Religious Affairs through BPJPH to help serve the provision of fatwa on products from small and micro-business actors and is free of charge. This means that the Government provides services to the public regarding halal product certificates.
“Fatwa on halal and haram nature is indeed the authority of scholars who have expertise in their fields, so far MUI. Even when faced with problems, global economic issues, nationality issues, and state politics, fatwa becomes the authority of scholars collaboratively, by involving MUI, community leaders, academics, pesantren leaders, through the ulemas’ ijtima [(congregation)]. Why halal-haram [issue] must be the authority of the ulemas and must involve experts in their fields is because a product’s halal/haram nature is not as simple as [you might think]. So, there are general and specific fatwa by ulemas, where for the special ones ulemas cannot work alone and must involve experts in their fields,” he stressed.
Halal Labels
Meanwhile, the executive board of the Indonesian Muslim Students Gathering (PP KB PII) also testified as a Relevant Party. On behalf of the board, Dimas Hermawan said since the Halal Product Guarantee (JPH) Law, all products in the market must show “certified halal” logo. The label must be easy to find and read and should not be easily removed. This will provide Muslims with a sense of safety when consuming or using products and they will not be doubtful of the halalness of any products.
Dimas said the Relevant Party had not had any legal certainty and comfort in performing religious orders to consume good, halal products due to the addition of norms into the JPH Law, i.e. the phrase “or the Halal Product Fatwa Committee” in Article 48 point 1 of Article 1 point 10, point 19 of Article 33 paragraphs (5) and (6), point 20 of Article 33A and Article 33B, and point 32 of Article 63C of the appendix to the Law on the Stipulation of the Job Creation Perppu.
“Making the Halal Product Fatwa Committee one of the authorities that can provide halal certification—it being an implementing agency that carries out government duties under the Ministry of Religious Affairs—is not part of the religious authority institutions, which the Relevant Party believes has violated constitutional rights as regulated and protected by Article 28E paragraph (2) of the 1945 Constitution, which reads, ‘Each person has the right to be free in his convictions, to assert his thoughts and tenets, in accordance with his conscience,’” he added.
Therefore, those articles show that the Halal Product Fatwa Committee is a government institution under the Ministry of Religious Affairs. So, their halal product stipulations are state administrative decisions. As such, he said, the stipulations of their fatwas can be objects of dispute in the state administrative court. Their stipulations are not final and can be challenged in the state administrative court, thus allowing appeal and cassation.
Also read:
Petitioner Questions Institution Authorized to Judge Halal Disputes
Petitioner Revises Petitums in Case on Job Creation Law
Court Reviews Constitutionality of Two Halal Certification Institutions
Indonesia Halal Watch Revises Petition on Dualism of Halal Certification Institutions
Govt: Halal Product Fatwa Committee a Solution to Expedite Halal Certification
Urgency of Halal Fatwa Unification in JPH Law Ensures Legal Certainty
The Petitioner of case No. 58/PUU-XXI/2023, Rega Felix, challenges Article 34 paragraph (2) of the JPH Law and Article 48 point 19 of the appendix to the Job Creation Law, which specifically contain amendment to Article 33 paragraph (5) of the JPH Law, and Article 48 point 20 of the appendix to the Job Creation Law, which specifically contains addition to Article 33 paragraph (1) of the JPH Law. He alleges that the mandatory halal product insurance system is subject to legal disputes such as those on the determination of halal or non-halal brand names. The JPH and Job Creation Laws, he argues, which led to the establishment various fatwa institutions such as the Indonesian Ulema Council (MUI) and the Halal Product Committee, have led to higher potential of disputes.
Meanwhile, in case No. 49/PUU-XXI/2023, Indonesia Halal Watch, represented by chairman Joni Arman Hamid and secretary Raihani Keumala, argue that the changes to and addition of norms have harmed them. These changes have led to a shift from Indonesia adopting a symbiotic paradigm to an integralist paradigm. Therefore, they allege, the articles as mentioned in the petition are contrary to Article 28D and Article 29 paragraphs (1) and (2) of the 1945 Constitution.
Author : Utami Argawati
Editor : Lulu Anjarsari P.
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.
Wednesday, February 21, 2024 | 16:22 WIB 2028