Chief Justice Suhartoyo delivering the verdict of Decree No. 141/PUU-XXII/2024 on the Regional Election Law, Thursday (10/31/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) dismissed a petition filed by Putra Arista Pratama, a private employer, at a ruling hearing for Decree No. 141/PUU-XXII/2024 on the judicial review 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) in conjunction with Law No. 33 of 2014 on Halal Product Assurance (JPH) on Thursday, October 31, 2024.

The Court had scheduled the preliminary hearing for the case for October 15 to examine the petition. It had summonsed the Petitioner legitimately and properly through the Registrar’s Office. The Court’s bailiff had contacted him, but until the preliminary hearing was in session and the panel invited him to enter the courtroom, he did not appear.

When convening a justice deliberation meeting on October 21, the constitutional justices concluded that the Petitioner had not shown his seriousness in filing the petition. Every citizen must answer a legitimate and proper court summons except when they have a legitimate reason not being able to do so. As such, the petition was dismissed. “[The Court] stipulates, declares the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo delivering the decree from the plenary courtroom.

Also read: Electrical Engineering Graduate Challenging Halal Assurance Law Absent

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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