Journal of Indonesian Legal Studies
Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in

The Intersection of the Progressive Law Theory and the Self-Declaration Concept of MSEs Halal Certification

Akhmad Khalimy (Faculty of Law, Universitas Diponegoro)
Yusriyadi Yusriyadi (Faculty of Law, Universitas Diponegoro)
Ro'fah Setyowati (Faculty of Law, Universitas Diponegoro)
Syahruddin Syahruddin (Doktora-Finans ve Katilim Bankaciligi, Karabuk University)
Abdul Muizz Abdul Wadud (Department of Islamic Banking and Finance, International Islamic University of Malaysia)



Article Info

Publish Date
31 May 2023

Abstract

The self-declaration by Small Micro Enterprises (MSEs) for obtaining a halal logo has both advantages and disadvantages. Proponents argue that self-declaration makes it easier for MSEs to acquire a halal certificate, reduces the submission period, and streamlines the certification process. However, opponents argue that self-declaration violates certain laws, such as the UUJPH and the Consumer Protection Act. The Omnibus Law (UUCK) conceptually includes halal in the licensing cluster to facilitate business, but the Constitutional Court has deemed UUCK formally flawed and conditionally unconstitutional. Self-declaration simplifies the licensing process for obtaining a halal certificate specifically for SMEs. It waives certification fees, reduces processing time, and simplifies aspects of business licensing. MSEs can obtain a free certificate through self-declaration if their products meet certain conditions, including not being at risk, being made from natural ingredients, being halal, having a simple production process, having assistance with Halal Production Process (PPH), and being supported by an MUI fatwa. Progressive law recognizes that the law is not absolute or final, but an evolving process aimed at achieving justice and improving human lives. This article explores the intersection between self-declaration and Satjipto Raharjo's progressive legal theory. It highlights the shared objectives of realizing justice, assisting MSEs in obtaining halal certification, humanizing the law, facilitating licenses for MSEs, and adapting regulations to societal changes. The approach encourages breaking and making rules to create progressive laws and involves business actors and companions in the halal certification process, making the law responsive and participatory.

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Journal Info

Abbrev

jils

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the ...