Constitutional Justice Arief Hidayat presiding over a judicial review of the Halal Product Assurance Law alongside Constitutional Justices Daniel Yusmic P. Foekh and Ridwan Mansyur, Tuesday (10/15/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Putra Arista Pratama, a private employer, has filed a judicial review petition 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) and Law No. 33 of 2014 on Halal Product Assurance (JPH). However, until the preliminary hearing for case No. 141/PUU-XXII/2024 commenced at 13:00 on Tuesday, October 15, 2024, he did not appear.

“This hearing is open to the public. The Court has summonsed the Petitioner properly [but] until this hearing was opened, the Petitioner has not been present. As such, the hearing is adjourned,” said Constitutional Justice Arief Hidayat, who presided over the hearing alongside Constitutional Justices Daniel Yusmic P. Foekh and Ridwan Mansyur in the plenary courtroom.

In the petition, the Petitioner stated that he felt that the enforcement of Article 48 point 9 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 in conjunction with Article 14 paragraph (2) point c of Law No. 33 of 2014 on Halal Product Assurance (JPH Law) had led to work discrimination for him. He argued those articles are against Article 27 paragraphs (1) and (2) of the 1945 Constitution.

Initially, those norms opened up job opportunities for all bachelor’s degree graduates of all majors to be halal auditors and work at the halal product guarantor institutions (LPH), especially now that the Government is actively mandating product halal certification. However, the latest norms provide different qualifications in each of these professions, and even require too specific educational qualifications, where only industrial and chemical engineering graduates can become halal auditors.

Therefore, in the petitum, the Petitioner requested that the Court interpret Article 48 point 9 of Law No. 6 of 2023 in conjunction with Article 14 paragraph (2) point c of Law No. 33 of 2014 as “Appointment of Halal Auditor by LPH as referred to by paragraph (1) must meet the following requirements: a. Indonesian citizen; b. Muslim; c. have at least a bachelor’s degree; d. have understanding and a broad insight regarding product halalness according to Islamic sharia; e. prioritize public interests over personal and/or group interests; and f. have a certificate from MUI.”

Author         : Sri Pujianti
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.

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