The preliminary hearing for case No. 86/PUU-XXIII/2025 on restrictions over the establishment of halal products guarantor institutions, Tuesday (6/3/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing for the material judicial review of Law No. 6 of 2023 on the Stipulation of the Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law on Tuesday, June 3, 2025. The petition was filed by Putra Arista Pratama, a commissioner of PT Elpatra Sinergi Indonesia, a private company on halal services.

The Petitioner of case No. 86/PUU-XXIII/2025 was absent from the hearing without any notification. “Since the Petitioner is absent without any clear reason, we will report this at the justice deliberation meeting,” said the panel chair.

In the petition, the Petitioner challenges Article 13 paragraph (2) and Article 48 point 8 of the Job Creation Law, which regulates that halal products guarantor institutions (LPH) may only be established by Islamic legal entities, private higher education institutions under Islamic legal entities, or Islamic legal-entity foundations.

The Petitioner argues that the provisions are discriminatory since they restrict LPH establishment only for certain institutions. He believes this is against the principle of equality before the law under Article 27 paragraph (1) of the 1945 Constitution. It is also in violation of the right to occupation and decent livelihood under Article 27 paragraph (2) of the 1945 Constitution and the right to fair legal certainty under Article 28D paragraph (1) of the 1945 Constitution.

The Petitioner further argues that the article restricts the right to self-development under Article 28C paragraph (1) of the 1945 Constitution. Such restrictions, he said, hinders business growth and keep private businesses from participating in the growing halal industry.

Based on those arguments, the Petitioner requests that the Court declare Article 13 paragraph (2) and Article 48 point 8 of the Job Creation Law unconstitutional and not legally binding. He also asks that the provisions be interpreted that LPH may be established not only by Islamic institutions, but also private limited liability companies (PT) as well as private higher education institutions under Islamic legal-entity foundations.

Also read: petition for case No. 86/PUU-XXIII/2025

Author       : Utami Argawati
Editor        : N. Rosi
PR            : Fauzan F.
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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