Jakarta – After being approved by the DPR-RI Plenary Meeting on September 25, 2014, the Halal Product Guarantee Draft (JPH) has been authorized by the 6th President Susilo Bambang Yudhoyono on October 17, 2014. Later on, on the same day, The Minister of Law and Human Rights of the United Indonesia Cabinet II Amir Syamsudin has establish the law as Law No. 33 of 2014.
In the Law which consists of 68 articles it is affirmed that the products that enter, circulate and trade in the territory of Indonesia must be halal certified. To that end, the Government is responsible for conducting Halal Product Guarantee (JPH).
To implement the JPH, a Halal Product Security Organizing Body (BPJPH) must be established and responsible to the Minister of Religion In case of need, BPJPH may establish regional representation.
“The duties, functions, and organizational structure BPJPH stipulated in Presidential Decree,” read Article 5 Paragraph (5) of Law no. 33 of 2014.
According to the Act, in the implementation of Halal Product Guarantee, BPJPH has the authority to: a. Formulate and define the JPH policy; b. Mapping JPH norms, standards, procedures and criteria; c. Issuing and revoking Halal Certificate in foreign products; and d. Registration of Halal Certificate on overseas Products.
“In exercising the authority referred to in Article 6, BPJPH cooperate with ministries and or institutions, Halal Inspection Agency (LPH), and Indonesian Ulema Council (MUI),” read Article 7 of this Law.
This law affirms, the application of Halal Certificate submitted by Business Actor to BPJPH. Furthermore, BPJPH shall stipulate the LPH to conduct inspection and or Product halal testing. The examination and or product test is performed by the Halal Auditor at the business location during the production process.
“In the case of product inspection, there is a halal questionable material, can be tested in the laboratory ,” read Article 31 Paragraph (3) Law No. 33 of 2014.
Furthermore, LPH shall submit the results of examination and or product testing to BPJPH and then submitted to the Indonesian Ulema Council (MUI) to obtain the confirmation of halal product.
MUI will hold Halal Fatwa Session to determine Halal Product within 30 (thirty) working days. Decision of Halal Product will be submitted by MUI to BPJPH to become the basis of publication of Halal Certificate.
” In the case of Halal Fatwa Assembly, if the product is not halal, BPJPH shall return the application of Halal Certificate to Business Actor accompanied by reason,” read Article 34 Paragraph (2) of this Law.
On the other hand, the product that has been accepted as halal product by MUI Fatwa Session will be the basis of BPJPH to issue Halal Certificate no later than 7 (seven) working days after Halal decision of Product received from MUI.
According to this Law, Business Entities that have obtained Halal Certificate must have Halal Label on: a. Product packaging; b. Part of the Product; and or a particular place on the Product.
“Halal labeling must be easily seen and read and not easily removed, removed and destroyed,” read Article 39 of Law No. 33 of 2014.
Halal Certificate is valid for 4 (four) years since the date of issuance by BPJPH, and must be extended by Business Actors by submitting Halal Certificate renewal within 3 (three) months before the valid Halal Certificate validity period.
Halal Certificate which has been determined by MUI before this Act is valid shall remain valid until the end of the Halal Certificate validity period. Before BPJPH is formed, the submission of application or renewal of Halal Certificate is done in accordance with the procedure in law before the Act is enacted.
This law also affirms that the MUI still perform its duties in the field of Halal Certification up to BPJPH was formed.
“BPJPH must be established no later than 3 (three) years since the law is enacted,” read Article 64 of Law no. 33/2014 that.
The regulation of the implementation of this Law must be set at the latest 2 (two) years since the Law was enacted. “This law comes into force on the date of promulgation,” read Article 68 of Law promulgated by Minister of Law and Human Rights Amir Syamsudin on October 17, 2014.