Legal Effectiveness in the Application of Halal Product Assurance Certification to MSME
Business Actors According to Law Number 33 of 2014 concerning Halal Product Assurance
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 6, Juny 2024 2887
becomes very important, this includes not only meeting daily needs, but also for the needs
of the food industry, such as restaurants, catering, and food producers. Thus, urging the
government and producers to ensure that the halal product certification system runs
effectively to meet these needs widely and evenly throughout the country.
The government acts to meet the needs of halal food by implementing policies
through Law Number 33 of 2014 concerning Halal Product Assurance (JPH Law). The
regulation is designed to protect consumers and increase the competitive ability of
Indonesian halal products in the world market, which is included in the aspect of the JPH
Law, namely the responsibility of business actors to hold halal certificates for the products
they produce and sell. Thus, the implementation of the JPH Law is expected to ensure
that the products traded include the inaugurated halal standards, so that Muslim
consumers can be sure that the products are suitable for consumption in accordance with
the understanding of Islam.
According to Minister of Tourism and Creative Economy Sandiaga Uno is
optimistic that the goal for all micro, small and medium enterprises (MSMEs) in
Indonesia to get halal certificates before October 18, 2024 will be realized. He stated that
the state would later be able to provide support to MSMEs to obtain halal certification
through coordination with various relevant ministries, agencies, and institutions. There
are three categories of products that are required to have halal certification, such as goods
in the form of food and beverages, basic components, and additional components in food,
then goods or services in slaughter. Meanwhile, the Ministry of Cooperatives and SMEs
(Kemenkop UKM) has a different view, they are worried that the policy will provide
difficulties for MSME producers, therefore related parties expect a suspension of
activities in the policy (Ayudiana, 2024). Therefore, efforts to achieve this target require
effective legal implementation in the application of halal product assurance certification.
Previous research by (Lusianti, 2024), explained that the first point of law
enforcement performance regarding the responsibility of halal certification for MSME
products in Pulung District, Ponorogo Regency has succeeded well. This phenomenon is
reflected in the ongoing responsibility, namely the extension program. In addition, there
are also trials of assistance for populations constrained by NIB, which are included in the
registration requirements for halal certification. The second point is that the application
of population understanding to meet the responsibility of halal certification for MSME
production in Pulung District, Ponorogo Regency is still unsuccessful. The obstacle that
causes the low level of public understanding to have halal certification is that producers
have not been actively or lack motivation from their own individuals to register halal
certification of their products, then there is still a lot of belief that the population does not
ignore the existence of halal certification.
Another study by (Hidarya & Badrudin, 2024) shows that the effectiveness of laws
related to halal product assurance, namely Law Number 33 of 2014 concerning Halal
Product Assurance and Law Number 6 of 2023 concerning Job Creation for MSME food
and beverages in Cilodong District, Depok City, has not run well, even though there has
been a program to make free halal certificates from the Depok City Government. And this