Authority to Grant Halal Certificates, Who is Responsible?

PERTANYAAN

How do I apply a halal label? How do you get halal accreditation? Is it to MUI or the Ministry of Religious Affairs?

INTISARI JAWABAN

In essence, a halal certificate is a recognition of the halalness of a product (halal means permissible in Arabic) issued by the Halal Product Guarantee Organizer (in Bahasa Indonesia is known as Badan Penyelenggara Jaminan Produk Halal/ “BPJPH") based on a written halal fatwa or determination of product halalness by the Indonesian Ulema Council (Majelis Ulama Indonesia/ "MUI"), Provincial MUI, Regency/ City-level MUI, Aceh Ulema Consultative Council, or Halal Product Fatwa Committee.

So, who has the authority to grant halal certification in Indonesia? What is the process of applying for halal certification and labeling?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Wewenang Penerbitan Sertifikat Halal, di Tangan Siapa? written by Renata Christha Auli, S.H., and published on Monday, 12 June 2023.

This article is an update of the article with the same title written by Iffah Karimah, S.H., M.Sc. from Lembaga Kajian Islam dan Hukum Islam Fakultas Hukum Universitas Indonesia (LKIHI FHUI), and was first published on Wednesday, 27 May 2020.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of Halal Product, Halal Label, and Halal Product Guarantee

Prior to answering your question, we should first understand what is meant by halal products, which are Products that have been declared halal in accordance with Islamic law.[1] Meanwhile, a halal label is a sign of the halal status of a product.[2] Furthermore, Halal Product Guarantee or Jaminan Produk Halal, from this point onwards is referred to as JPH, is the legal certainty of the halal status of a product as proven by a halal certificate.[3]

The Authority of the Issuance of Halal Certificate

Basically, a halal certificate is an acknowledgment of the halal status of a product that is issued by the Halal Product Guarantee Organizer (in Bahasa Indonesia is known as Badan Penyelenggara Jaminan Produk Halal/ “BPJPH") based on a written halal fatwa or the stipulation of halal Product by the Indonesian Ulema Council (Majelis Ulama Indonesia/ "MUI"), Provincial MUI, Regency/City-level MUI, Aceh Ulema Consultative Council, or Halal Product Fatwa Committee. [4]

For your information, before the existence of Law 33/2014 which was amended by the Perppu 2/2022 which has been enacted as a law through Law 6/2023, there were several institutions that became stakeholders related to the issuance of halal products, namely:

1. Fatwa Commission of the Indonesian Ulema Council as the provider of halal fatwa and the party that issues halal certificates;
2. Institute for the Assessment Institute for Foods, Drugs, and Cosmetics MUI (Lembaga Pengkajian Pangan, Obat-obatan, dan Kosmetika MUI "LPPOM MUI") as a researcher of product halalness from a scientific aspect;
3. Indonesian Food and Drug Authority as the licensor of halal labeling;
4. Ministry of Religious Affairs as the party that makes policies, conducts socialization, and educates the public; and
5. Other related ministries.

According to Article 48 number 3 Perppu 2/2002 which amended Article 5 section (1) Law 33/2014, the government shall be responsible for the organization of JPH. The organization of JPH as referred to in paragraph (1) shall be implemented by the Minister of Religious Affairs (“Minister”).[5] Then, in order to implement the organization of JPH, the BPJPH shall be formed whose position is under and shall be responsible to the Minister.[6] Thus, it can be concluded that it is this BPJPH that replaces the role of MUI as the holder of halal certification authority. The role of LPPOM MUI which was in charge of examining and/or testing the halalness of products is also replaced by the Halal Inspection Agency (Lembaga Pemeriksa Halal/ "LPH").[7]

In organizing halal product guarantees, BPJPH has the authority, namely:[8]

1. formulate and establish halal product guarantee policies;
2. establish norms, standards, procedures, and criteria for halal product assurance;
3. issue and revoke halal certificates and halal labels on products;
4. registering halal certificates on foreign products;
5. conduct socialization, education, and publication of halal products;
6. carry out accreditation of LPH;
7. carry out registration of halal auditors;
8. supervise the guarantee of halal products;
9. fostering halal auditors; and
10. cooperate with domestic and foreign institutions in the field of organizing halal product assurance.

Although MUI's position was replaced by BPJPH, MUI still has a role in the halal certification process. Because, BPJH can cooperate with MUI, Provincial MUI, Regency/ City-level MUI, or Aceh Ulema Consultative Council in carrying out its authority,[9] in terms of determining the halalness of products.[10]

So, what is the process of applying for halal certification and labeling? Here is the explanation.

The Process of Applying for Halal Certification and Halal Label

As explained above, the halal label is a sign of the halalness of a product obtained based on the halal certification process. Products that have received a halal certificate are required to include a halal label.

The halal certification process by BPJPH itself can be summarized as follows:

1. Application for a halal certificate shall be submitted by business actors to BPJPH, which must be equipped with the following documents: data of business actor, name and type of product, list of products and materials used, and the processing of the product.[11]
2. BPJPH stipulates LPH to carry out the inspection and/or testing of the halal status of products based on the application from business actors. The stipulation of LPH is carried out within a maximum period of 1 (one) business day after the application documents are declared complete.[12]
3. Inspection and/or testing of the halal status of products shall be carried out by halal auditor by no later than 15 (fifteen) business days, and the inspection toward products shall be carried out in the business location at the time of production process. In the event that there is a material whose halal status is doubtful, it can be tested in the laboratory. Then, in the event that product inspection requires additional inspection time, LPH may apply for an extension of time to BPJPH.[13]
4. LPH shall convey the result of inspection and/or testing of the halal status of products to MUI, Provincial MUI, Regency/City-Level MUI, or Aceh Ulema Consultative Council with a copy being sent to BPJPH, through an integrated electronic system.[14]
5. Stipulation of the halal status of products shall be carried out by MUI, Provincial MUI, Regency/City-Level MUI, or Aceh Ulema Consultative Council in a Halal Fatwa Session.[15]
6. Halal Fatwa Session of MUI, Provincial MUI, Regency/City-Level MUI, or Aceh Ulema Consultative Council shall decide the halal status of products within a maximum period of 3 (three) business days after they receive the result of inspection and/or testing of products from LPH.[16]

Halal certificate is legitimate from its issuance by the BPJPH and shall remain valid insofar as there is no change in the composition of materials and/or Halal Product Processing. In the event that there is a change in the composition of materials and/or Halal Product Processing, business actors must renew the halal certificate.[17]

Also read: Here are the Regulations for Halal Certification of Food Products

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

Law Number 33 of 2014 on Halal Product Guarantee as amended by  Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been enacted into law under Law Number 6 of 2023;

---

[1] Article 48 number 1 Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation (“Perppu 2/2022”) which amended Article 1 number 2 Law Number 33 of 2014 on Halal Product Guarantee (“Law 33/2014”).

[2] Article 48 number 1 Perppu 2/2022 which amended Article 1 number 11 Law 33/2014.

[3] Article 48 number 1 Perppu 2/2022 which amended Article 1 number 5 Law 33/2014.

[4] Article 48 number 1 Perppu 2/2022 which amended Article 1 number 10 Law 33/2014.

[5] Article 48 number 3 Perppu 2/2022 which amended Article 5 section (2) Law 33/2014.

[6] Article 48 number 3 Perppu 2/2022 which amended Article 5 section (3) Law 33/2014.

[7] Article 48 number 1 Perppu 2/2022 which amended Article 1 number 8 Law 33/2014.

[8] Article 6 Law 33/2014.

[9] Article 48 number 4 Perppu 2/2022 which amended Article 7 Law 33/2014.

[10] Article 48 number 5 Perppu 2/2022 which amended Article 10 section (1) Law 33/2014.

[11] Article 48 number 15 Perppu 2/2022 which amended Article 29 section (1) and (2) Law 33/2014.

[12] Article 48 number 16 Perppu 2/2022 which amended Article 30 section (1) and (2) Law 33/2014.

[13] Article 48 number 17 Perppu 2/2022 which amended Article 31 section (1), (2), and (3) Law 33/2014.

[14] Article 48 number 18 Perppu 2/2022 which amended Article 32 Law 33/2014.

[15] Article 48 number 19 Perppu 2/2022 which amended Article 33 section (1) and (2) section Law 33/2014.

[16] Article 48 number 19 Perppu 2/2022 which amended Article 33 section (3) Law 33/2014.

[17] Article 48 number 25 Perppu 2/2022 which amended Article 42 section (1) and (2) Law 33/2014.