Halal Certification Not an Object of State Administrative Dispute
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Chief Justice Suhartoyo and the other eight constitutional justices presiding over the ruling hearing for case No. 58/PUU-XXI/2023, Thursday (8/29/2024). Photo by MKRI/Bayu.


JAKARTA (MKRI) The Constitutional Court (MK) rejected a judicial review petition of Law No. 33 of 2014 on Halal Product Guarantee (JPH) and 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). The Court stated that the arguments made by Rega Felix, an advocate and owner of culinary business “Felix Burger,” was legally unfounded.

“[The Court] adjudicated, rejected the Petitioner’s petition in its entirety,” said Chief Justice Suhartoyo delivering Decision No. 58/PUU-XXI/2023 on Thursday, August 29, 2024 in the plenary courtroom.

In its legal opinion, the Court stated that Article 48 point 19 of the appendix to Law No. 6 of 2023, which specifically contains amendment to Article 33 paragraph (5) of Law No. 33 of 2014, and Article 48 point 20 of the appendix to Law No. 6 of 2023, which specifically contains addition to Article 33 paragraph (1) of Law No. 33 of 2014, and Article 34 paragraph (2) of Law No. 33 of 2014 have not led to underprivileged, legally uncertain, and unprotected Muslims or violated Article 28C paragraph (1), Article 28D paragraph (1), Article 28E paragraph (2), and Article 29 paragraphs (1) and (2) of the 1945 Constitution, contrary to the Petitioner’s belief. The Petitioner did not clearly elaborate the conflict between the norms petitioned for review and the Constitution, but it was obvious that what he meant was the absence of authority of the religious court in resolving disputes over the halalness of products decided by the Halal Product Fatwa Committee.

Delivering the Court’s opinion, Constitutional Justice Asrul Sani said that the Petitioner had challenged the enforcement of Law No. 6 of 2023 as he believed there would be multiple institutions declaring product halalness. The Halal Product Fatwa Committee would also be authorized to stipulate fatwas on product halalness that micro- and small-business owners request, as a solution for accelerating halal certification in Indonesia.

Despite acceleration, the stipulation of a product’s halalness is still based halal fatwas. As such, it is important to accelerate halal certification because of its mandatory nature for every product that enters, circulates, and is traded within the territory of Indonesia.

This means that the enactment of Law No. 6 of 2023 clarifies the verification for each application lodged to the Halal Certification Agency (BPJPH) regarding data of businesses, names and types of products, product list, product materials, and how the product is processed, within a maximum of one working day. Law No. 6 of 2023 also limits the time for examining and testing the halalness of a product to a maximum of 15 working days, which can be extended.

In essence, Article 33 of Law No. 33 of 2014 is not much different from the changes in Law No. 6 of 2023 because the changed norms are only related to time limits, including that if MUI does not immediately determine the results of examination and/or product testing by the halal assessment body (LPH). In this context, Law No. 6 of 2023 authorizes the Halal Product Fatwa Committee to accelerate the determination of product halalness in accordance with the provisions of the halal fatwa if MUI does not immediately decide on the halalness of the product after receiving the results of product examination and/or testing from the halal assessment body.

“With regard to the processes for determining the halalness of the product mentioned above, in relation to the Petitioner’s argument that Article 33 paragraph (5) of Law No. 33 of 2014 in Article 48 point 19 of the appendix to Law No. 6 of 2023 is unconstitutional if not interpreted as in the Petitioner’s petitum, that “against the Decree of the Halal Product Fatwa Committee can be filed legal remedies through the Religious Court.” Such a petitum in no way corresponds to the overall substance of Article 33 of Law No. 33 of 2014 that has been amended by Law No. 6 of 2023 because in deciding the determination of product halalness, the Halal Product Fatwa Committee refers to the halal fatwa for which examination and testing process of halal products as considered above have been done,” Justice Arsul explained.

In addition, the Petitioner’s request that there be an additional legal remedy mechanism to the religious court against the decision of the Halal Product Fatwa Committee is not in line with the established principles and legal framework because the authority of the Halal Product Fatwa Committee to determine the halalness of the product remains based on the results of the examination and/or testing. In this regard, the Committee only serves to accelerate the determination that the central, provincial, regency/city, or Aceh MUI cannot immediately carry out after receiving the results of the LPH’s examination and/or product testing. 

Not a State Administrative Object

Furthermore, in its legal considerations the Court emphasized that the norms petitioned for review are part of the provisions governing the issuance of halal certificates, whose labels on products that meet the halal requirements in accordance with Islamic law are required. The halal label on a product is intended to convince consumers, especially Muslims, that the product is processed, produced, or stored using methods or materials in accordance with Islamic law. In this regard, Article 48 number 1 of the appendix to Law No. 6 of 2023, which contains changes to Article 1 of Law No. 33 of 2014, provides a definition of halal certificate, i.e. recognition of a product’s halalness by BPJPH based on a written halal fatwa or determination of product halalness by the central, provincial, regency/city, or Aceh MUI or the Halal Product Fatwa Committee.

Based on that elaboration, it can be understood that the halal certification issued by BPJPH is a declarative decision. Meanwhile, the determination of product halalness, either by MUI or the Halal Product Fatwa Committee, is a constitutive decision excluded from state administrative decisions. Thus, both halal certificates and determination of product halalness cannot be the object of state administrative disputes.

Also read:

Petitioner Questions Institution Authorized to Judge Halal Disputes

Petitioner Revises Petitums in Case on Job Creation Law

Court Rules to Separate Formal and Material Review of Job Creation Law

Govt: Halal Product Fatwa Committee a Solution to Expedite Halal Certification

Urgency of Halal Fatwa Unification in JPH Law Ensures Legal Certainty

Experts: Halal Product Fatwa Committee Supports MUI and Strengthens Halal Guarantees

Rega Felix challenged Article 34 paragraph (2) of the JPH Law and Article 48 points 19 and 20 of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, which specifically contain amendment to Article 33 paragraph (5) and Article 33A paragraph (1) of the JPH Law. He alleged that the mandatory halal product insurance system was subject to legal disputes such as those on the determination of halal or non-halal brand names. The JPH and Job Creation Laws, he argued, which led to the establishment various fatwa institutions such as the Indonesian Ulema Council (MUI) and the Halal Product Committee, had led to higher potential of disputes.

He asserted that Article 34 paragraph (2) of the Job Creation 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, did not explain the mechanism in the event of disputes caused by a halal fatwa issued by either the MUI or the Halal Product Committee.

Author       : Mimi Kartika
Editor        : N. Rosi
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.


Thursday, August 29, 2024 | 16:33 WIB 134