THE CHALLENGES OF HALAL CERTIFICATION IN INDONESIA HALAL PRODUCT ASSURANCE ACT Perspective of Islamic Lawand World Trade Organization Law

Abstract

This thesis aims to examine the challenges faced by Law No 33 of 2014 (Halal Act) when the halal certification regime will be fully implemented in October 2019. Halal Act is deemed to be problematic. Several protests have been posted regarding the readiness of this Act, the nature of Halal Act, the burdensome and unnecessary clauses, and the compliance of Indonesia with the its commitment on international trade. This thesis uses normative method of research and apply qualitative approach with analytic descriptive technic in its conclusion. Data were gathered by using literature research technic and most of them are secondary data. The results of this research show after the enactment of Halal Act, the role of MUI is changed and Halal Act has many derivative-supporting regulations which are not yet enacted to ensure thorough implementation. Halal Act has several elements that controversial and problematic such as; burdensome provisions and potential inconsistency according to the WTO rules. Halal measures are deemed to fall under the TBT Agreement scope, by fulfilling the elements of Article 2.1 TBT Agreement yet contradicts with the commitment of Indonesia to comply. However, Indonesia could justify the halal measures in Halal Act by arguing that it is aimed to protect the public moral under Article XX(a) GATT. Moreover, this thesis also examines the Halal Act according to the Islamic perspective. Maslahah mursalah and maslahah dauliyyah can be justification to a State to enact a halal regulation. The determination of the fulfilment of halal criteria is also examined in this thesis by elaborating how Halal Act stipulates the determination of halal critical point which will be analyzed from Islamic teachings.