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Implementation of the Decree of the Head of BPJPH No. 20 of 2023 Concerning Amendments to the Decree of the Head of BPJPH No. 57 of 2021 and LPPOM MUI Number SK 46/DIR/LPPOM MUI/XII/14 Regarding the Practice of Buying and Selling Food with Inappropriate Names (Case Study of Food Venues in Binjai City) Deva Anggraini; Muhammad Nur Iqbal
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

This study aims to analyze the implementation of the Decree of the Head of BPJPH Number 20 of 2023 and LPPOM MUI SK Number 46/DIR/LPPOM MUI/XII/14 regarding the practice of naming inappropriate food products in culinary Micro, Small, and Medium Enterprises (MSMEs) in Binjai City. The phenomenon of using controversial or inappropriate product names, such as “Nasi Goreng Satan,” reflects a growing trend in marketing strategies that prioritizes uniqueness and consumer attraction, yet raises concerns in terms of compliance with the halalan thayyiban principle. In particular, such naming practices pose administrative and ethical challenges in fulfilling halal certification requirements, especially in relation to decency, Islamic values, and public perception. This research employs a qualitative method with a socio-legal approach, aiming to examine not only the regulatory framework but also its implementation in real social contexts. Data were collected through in-depth interviews with business actors and Halal Product Process Assistants (PPPH), field observations of culinary MSMEs, and analysis of relevant regulatory documents. The data analysis technique utilizes SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) to identify key issues and formulate appropriate mitigation strategies for business actors. The results indicate that there is a significant gap between existing halal product naming regulations and actual branding practices in the field. This gap is primarily caused by the low level of literacy and understanding among MSME actors regarding halal regulations, as well as concerns about losing brand identity and commercial attractiveness when changing product names. Furthermore, weak socialization and limited assistance contribute to the persistence of such practices. To address these challenges, this study proposes several mitigation strategies, including strengthening halal literacy through digital platforms and social media, enhancing persuasive and continuous assistance by PPPH, and reconstructing brand identity that aligns with ethical and decency values ​​while maintaining market competitiveness. These strategies are expected to support MSMEs in achieving halal compliance without compromising their business sustainability and branding effectiveness
The implementation of the sale and purchase agreement in the all-you-can-eat system: A study of consumer protection law no. 8 of 1999 and the perspective of the shafi'i school Siska Handayani; Muhammad Nur Iqbal
Journal of Law Science Vol. 8 No. 1 (2026): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i1.6337

Abstract

The All You Can Eat (AYCE) dining system, which allows consumers to consume unlimited food for a fixed price, has become increasingly popular in modern culinary businesses. However, this system has generated debate from the perspective of Islamic economic law, particularly concerning issues of contractual clarity (ta?y?n), uncertainty (gharar), and fairness between sellers and consumers. This study examines the AYCE system from two legal perspectives: Indonesian Consumer Protection Law, specifically Law No. 8 of 1999, and the Islamic jurisprudential perspective of the Sh?fi?? school. The objective of this research is to analyze the conformity of AYCE practices with consumer protection principles and the requirements of a valid sale contract according to the Sh?fi?? madhhab. This study employs a normative-empirical research method with a conceptual approach, analyzing legal texts, fiqh doctrines, and empirical practices in AYCE businesses. The findings indicate that, from the perspective of positive law, the AYCE system is legally permissible provided that consumers receive clear, accurate, and non-misleading information, and that no element of coercion is present. From the Sh?fi?? perspective, the validity of the transaction depends on mutual consent (tar???) and transparency between the seller and buyer. Although the AYCE system contains elements of ambiguity in terms of portion size, consumption time limits, and the imposition of fines, such ambiguities are tolerated as long as they do not result in harm (?arar) or injustice to either party. This study contributes to contemporary Islamic economic discourse by providing a legal and jurisprudential framework for understanding modern consumption systems and serves as a reference for Muslim business practitioners and academics in aligning commercial practices with both consumer protection law and Sharia principles.