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All Journal Al-Muamalat : Jurnal Ekonomi Syariah Jurnal Ilmiah Kebijakan Hukum
Dhia Al Uyun
Brawijaya University
Humanities Economics, Econometrics & Finance Social Sciences

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Questioning State Supervision in Guaranteeing Halal Products in Indonesia Irsyadul Muttaqin; Dhia Al Uyun; Riana Susmayanti
Al-Muamalat Vol. 12 No. 2 (2025): July
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v12i2.51437

Abstract

This article examines the state's responsibility in ensuring the halal status of products in Indonesia by highlighting the weaknesses in the implementation of the Halal Product Assurance Law. The formation of Government Regulation No. 42/2024 has created an illusory authority for the BPJPH and reinforced the fragmentation of authority between the BPJPH and related ministries in the supervision of halal products. As a result, legal uncertainty and the emergence of double standards have weakened BPJPH's role in supervisory implementation. This study uses a doctrinal legal analysis approach to halal product assurance legislation, focusing on text interpretation, identification of ambiguities, and disclosure of normative conflicts between the Halal Product Assurance Law, the Job Creation Law, and Government Regulation No. 42/2024. The analysis shows that institutional fragmentation in the supervision of the Halal Product Assurance has weakened BPJPH's authority. Instead of enforcing adequate supervision, the disharmonious institutional distribution design has created legal uncertainty, sectoral ego, and the risk of abuse of discretion, so that the substantive supervisory function has not been achieved and has legal implications for the state's failure to fulfill the objectives of Sharia law. A comparison with Malaysia shows that the centralization of authority under JAKIM, reinforced by criminal regulations, has resulted in a more integrated and consistent halal supervision system. This article emphasizes the need for institutional reform that affirms BPJPH's centralization as the sole authority and strengthens legal instruments by revising the Halal Product Assurance Law.
Peran Bantuan Hukum Struktural dalam Transformasi Sosial: Sebuah Upaya Mewujudkan Kesetaraan Gender dan Perubahan Struktur dalam Masyarakat Dyah Palupi Ayu Ningtyas; Dhia Al Uyun; Riana Susmayanti
Jurnal Ilmiah Kebijakan Hukum Vol 17 No 3 (2023): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.327-348

Abstract

Structure-oriented or system-oriented movements will be more advanced than ordinary movements without relying on a system (normative). Structural legal aid is included in the movement of non-governmental organizations whose work system leads to structural or systemic changes, rather than changes at the individual or case-by-case level. The legal aid movement aims to ensure access to justice for people in need, especially women. With normative legal research, it is hoped that this can provide important findings about community colaboration, aid service providers, NGOs, and CSOs in societal change and equality. Thus, structural legal aid is a legal aid strategy based on the movement by eliminating power relations and gender inequality. In addition, village women paralegals can act as a movement to realize structural gender legal assistance for women, children, and other marginalized groups, and not just for the poor. The old perspective on traditional legal aid is not effective, makes structural legal aid an alternative from legal aid, that can be encouraged by movement that can eliminate gender inequality and change existing structures in society. Women's participation as paralegals in a social movement can be optimized with support from NGOs and CSOs such as legal aid organizations. So that women's social movements produce gender equality, fulfill women's rights, and overcome discrimination. Apart from that, the legal aid movement needs to be focused and structured so that women's rights are fulfilled. The challenge for paralegals is to be able to go beyond the duits stated in the UUBH.
Co-Authors Dyah Palupi Ayu Ningtyas Irsyadul Muttaqin Riana Susmayanti