The Construction of Islamic Law on the Law on Halal Product Assurance from the Maqashid Sharia Perspective (Law No. 33 of 2014 and Law No. 11 of 2020 Article 48)

This article describes the construction of Islamic law on the halal product guarantee law that applies in Indonesia. The shifting of operators in the field of halal product guarantees from private institutions to the government has strong legitimacy which requires business actors to comply. The status of halal certified has increased from voluntary to mandatory in line with the 1945 constitution and sharia principles should be achieved, but the weakness of this law is that there are no strict sanctions for business actors who do not certify their products. This type of research is an explanatory qualitative with a maqashid sharia approach and a review of Islamic law. The research findings that sharia obligations that do not contain legal sanctions cause individuals or groups to not comply, this has implications for Muslim consumers being unprotected from the need for halal products because there are still many products that are not halal certified. In conclusion, the construction of Islamic law regarding the guarantee of halal products in Indonesia is still weak but better than before.


A. Introduction
Indonesia is the country with the largest Muslim population in the world. The number of Muslims in Indonesia reached 87% or around 225 million people in 2022.
There is a high demand for halal products, and the country needs to ensure the availability of halal products for its Muslim citizens. The 1945 Constitution mandates this responsibility, Article 29, Paragraph 2, which states that "the state guarantees every citizen the freedom to embrace their religion and worship according to their faith and beliefs." After a long process, Indonesia now has explicit legal provisions regarding the assurance of halal products. 1 On October 17, 2014, Law Number 33 of 2014 concerning Halal Product Assurance was enacted. This law regulates the implementation of halal product assurance, including examining product halalness, issuing halal fatwas, and certification. The law came into effect five years after its enactment. Subsequently, Law Number 11 of 2020 concerning Job Creation was issued, which amended several provisions in the halal product assurance law, particularly in Article 48. On February 2, 2021, the government issued Government Regulation Number 39 of 2021 regarding the implementation of halal product assurance.
In principle, regulations regarding halal product assurance in Indonesia have made significant progress. 2 Previously handled by private institutions voluntarily, it is now directly managed by the government and is mandatory. However, there needs to be more clarity in the halal product assurance law in Article 4. The article states that "products entering, circulating, and traded in Indonesian territory must be halal certified," but there are no strict sanctions for businesses that fail to certify their products. Any loopholes or weaknesses in regulation can have negative consequences for society. As a result, many non-halal labeled products are still in the market. Indeed, the halal product assurance law aims to encourage the mass production of halal products in Indonesia and ultimately promote a halal lifestyle as a culture. 4 This law possesses significant advantages compared to previous halal product regulations. However, its construction and legal framework weaknesses render the regulation less effective. 5 The legal conception and operational aspects must address these weaknesses and close any loopholes. While these loopholes may disappear if businesses comply with and adhere to this law, the current socioeconomic phenomenon is complex. Many business operators argue that regulations are only implemented after experiencing tangible impacts.
The impacts vary, such as businesses that have certified their products experiencing increased sales due to consumer trust and comfort in purchasing them.
On the other hand, businesses with uncertified halal products witness declining sales in the market. Consequently, business operators are compelled to certify their products. Another example is the revocation of business permits for those whose products are not halal certified, serving as a lesson and concern for other business operators. Conversely, some businesses may not certify their products but still  LPPOM MUI has implemented the halal certification in Indonesia for the past 33 years. LPPOM MUI was established on January 6, 1989, and has been operating since then. As a private institution, LPPOM MUI can only recommend manufacturers to certify their products. On the other hand, the demand for halal products among

D. Alignment between
Muslims is substantial. The position of LPPOM MUI as a private halal certification body needs to be stronger, as it does not have any authority to mandate certification for products. The availability of certified halal products in the market is still limited.
However, the Muslim community welcomes these halal products, so the Halal These regulations complement and strengthen each other regarding halal product assurance, covering food, consumer protection, halal labeling, animal health, and alcohol content. Food, beverages, and cosmetics receive significant attention in each regulation related to these matters. From 1996 to 2012, there was a conception to realize a robust halal product assurance law, leading to the issuance of the halal product assurance law two years later. 11 The slowness in enacting the Halal Product Guarantee Act positioned Indonesia as the 10th largest halal producer in the world. However, it is still appreciated that the halal industry in Indonesia finally has clear legal protection.
Law The state must ensure the halal needs of Muslims, which is considered maslahah dharuriyah (essential welfare). 12 Allah SWT has commanded all human beings to consume halal and good food and beverages. Allah says, "O mankind, eat from whatever is on earth [that is] lawful and good" (Al-Baqarah 2:168). This command is inclusive and not limited to Muslims but applies to all human beings.
The need for halal products offers excellent quality, hygienic, clean, healthy, and safe products for human consumption. Additionally, halal products provide added value Article 26 explains that business operators producing prohibited goods are exempted from applying for halal certification but must label the products as nonhalal, and violations will be subject to sanctions. This article provides clear benefits, as prohibited products must be labeled non-halal. While something halal, such as pork, can be easily recognized in its physical form, it is challenging to identify and control halal products in processed goods due to the large number of food and beverage products circulating in society.

Differences in halal certification before UUJPH and after UUJPH
There are nine fundamental differences regarding halal certification before the existence of the law on halal product guarantees and after the law on halal product guarantees.

Article 4 on the obligation of Halal certification
Based on the Halal Product Guarantee Law, the Job Creation Law Article 48, and Government Regulation No. 39 of 2021, which regulates three types of products.
The first type includes products made from halal ingredients, the second type includes products made from haram ingredients, and the third type consists of products exempted from the previous two categories. Products made from halal ingredients must be certified based on Article 4 of the Halal Product Guarantee Law, which states, "Products entering, circulating, and traded within the Indonesian territory must be halal certified." The rule in Article 4 establishes the obligation for halal certification. The negotiation process from voluntary to mandatory status took considerable time. 13 In Islam, something obligatory entails two consequences: the command must be implemented to the best of one's ability, and those who neglect it will be sinful.
Obligations in Islamic law are divided into four categories: the obligation of the timing of implementation, the obligation of the person performing it, the obligation regarding the measurement and degree of implementation, and the content of the obligation. The obligation of halal certification falls into the category of mandatory implementation, which is further divided into two types: absolute obligation and highly recommended obligation. The absolute obligation must be performed at a specific time and is invalid if performed before the designated time.
The obligation of halal certification is absolute because its timing has been determined. The Halal Product Guarantee Law was enacted on October 17, 2014, and the obligation for products circulating and traded within the Indonesian territory, as mentioned in Article 4, takes effect five years from the promulgation of this law. This means that the obligation became effective on October 17, 2019.
In this case, the obligation to obey the will amri is mentioned in the Quran, Surah An-Nisa, Verse 59. Some interpretation scholars argue that until amri refers to rulers or the government. Based on this argument, every producer must comply with the Halal Product Guarantee Law and obtain halal certification. In a hadith, it is stated, "Hearing and obeying the ulil amri (those in authority) is a right, as long as they do not order disobedience. If they order disobedience, then there is no obedience." (Hadith Bukhari No. 2955 If sanctions were mentioned in Article 4, business operators whose products are made from halal ingredients would be strongly encouraged to apply for halal certification. If their products are not certified halal, they will face two losses: their products will not be marketable, and if they continue to distribute and trade those products, they will face sanctions from the Halal Product Assurance Agency (BPJPH).
Additionally, the government has exempted micro and small businesses from halal certification costs.
In principle, the Halal Product Guarantee Law is almost perfect, but it needs to add a clause regarding sanctions for business operators who do not apply for halal certification. Currently, awareness of halal certification is growing due to the global halal industry. However, Indonesia needs strong regulations to increase the awareness of business operators in the halal industry and ensure compliance with the rules. 16 If strong regulations are implemented, there are two possible outcomes: first, halal products circulating in society would be labeled as halal, and second, nonhalal products circulating in society would be labeled as non-halal. If this condition is achieved, the identities of products in Indonesian society would be limited to halal and non-halal products. The potential outcome if the current regulations are implemented without imposing sanctions on business operators who do not apply for halal certification would be the existence of three possibilities: labeled halal products, labeled nonhalal products, and products circulating in society without any label. Furthermore, many food and beverage products still need to obtain halal certification, and the government would face difficulties in controlling the consumption of halal products by the public. This condition hampers the fulfillment of Maqasid Shariah. The weak regulations pose challenges for Indonesia to develop the halal industry, mainly because Indonesia aims to become a global center for halal production.

G. Conclusion
In conclusion, based on the discussion, the Islamic legal construction of the Halal Product Guarantee Law still needs to be stronger. The weakness lies in Article 4, which does not impose specific sanctions on business operators who do not certify their products. This leads to increasing non-certified non-halal products circulating and being traded in Indonesia. Although these products may be considered halal generally, they lack a clear identity. This situation confuses Muslim consumers in making their choices. To achieve the objectives of Shariah, it is necessary to add solid and specific sanctions for business operators who do not apply for halal certification from the BPJPH. Consequently, the number of labeled halal products circulating and being traded in society would increase, leaving consumers with a clear choice between halal products with certification and nonhalal products with a non-halal indication.