ADMINISTRATIVE CONSTRAINTS ON HALAL CERTIFICATION FOR MSMEs: A JURIDICAL STUDY OF THE HALAL PRODUCT GUARANTY LAW

Abstract

Indonesia, as a country with a Muslim majority, has mandated halal certification thru Law No. 33 of 2014 concerning Halal Product Assurance (Law on Halal Product Assurance). This research aims to analyze whether the norms in the law are consistent with the principles of Islamic business law and to examine the obstacles to its implementation for Micro, Small, and Medium Enterprises (MSMEs). This research uses a normative legal method with a conceptual and statutory approach. Data collection techniques utilize literature studies analyzed using a qualitative descriptive method. The research results show that normatively, the JPH Law is in accordance with the principles of taysīr (ease), maslahah (benefit), and 'adālah (justice). However, in its implementation, various obstacles were found, such as complex bureaucracy, high certification costs, a limited number of halal auditors, and non-inclusive digitalization. The inconsistency between legal norms and practices creates a disproportionate burden for MSMEs and weakens their access to the halal market. Therefore, reforms in the implementation aspect are more needed than changes in the substance of the law. Simplifying procedures, providing technical assistance, and strengthening institutional capacity are important steps to ensure the effectiveness of a fair, efficient, and Sharia-compliant halal certification system.