Mohammad Rofiul Hikam
UIN Prof. K.H. Saifudin Zuhri Purwokerto

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Disharmoni Regulasi Jaminan Produk Halal: Analisis Hukum Terhadap Skema Self-Declare dan Tumpang Tindih Kewenangan BPJPH-MUI Titi Eka Utari; Mohammad Rofiul Hikam; Kanza Sulthan Salsabila; Naufal Fardan Munfarij; Syifaun Nada
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 4 No. 1 (2026)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/zjjw6670

Abstract

The implementation of the Halal Product Assurance (HPA) system in Indonesia has undergone significant changes following the enactment of Law Number 11 of 2020 on Job Creation, which introduced a simplified halal certification procedure through the self-declare scheme for Micro and Small Enterprises (MSEs). While this policy aims to improve the ease of doing business, it has also raised concerns regarding legal certainty, the effectiveness of supervision, and the distribution of authority among the relevant institutions. This study aims to analyze the regulatory disharmony in the implementation of the Halal Product Assurance system following the enactment of the Job Creation Law, examine the implications of the self-declare scheme, and identify the overlapping authority between the Halal Product Assurance Organizing Agency (BPJPH) and the Indonesian Ulema Council (MUI) through a case study of the halal certification of Nabidz Grape Juice. This research employs a normative juridical method using statutory, conceptual, and case approaches. Primary and secondary legal materials were analyzed qualitatively through legal interpretation and prescriptive analysis. The findings reveal a regulatory inconsistency between the prudential principle embodied in Law Number 33 of 2014 on Halal Product Assurance and the deregulatory approach promoted by the Job Creation Law. The implementation of the self-declare scheme has the potential to reduce the quality of substantive verification, while the separation of authority among BPJPH, Halal Inspection Bodies (LPH), and MUI creates ambiguity in supervisory and law enforcement responsibilities. The Nabidz Grape Juice case demonstrates the existence of legal loopholes in the implementation of halal certification, thereby undermining the legal protection of Muslim consumers. Therefore, regulatory harmonization and institutional strengthening through a more integrated Halal Product Assurance system are necessary to ensure legal certainty, effective supervision, and consumer protection.