On December 30th, 2022, the Government of the Republic of Indonesia issued Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 concerning Job Creation, which replaces several laws in the Job Creation Law (UU No. 11 of 2020). The Law on Halal Product Assurance (UU No. 33 of 2014) is also the subject of the revised Law in Job Creation Lieu of Law No. 2 Year 2022.
Amendments to the Halal Product Assurance (JPH) are contained in Article 48 of this Job Creation Lieu of Law. There are approximately 35 articles in the JPH Law amended in Job Creation Lieu of Law No. 2 of 2022. Some of these are repetitions of the changes made in the Job Creation Law, however, several other articles are completely new articles and have again changed the regulatory landscape for Halal Product Assurance in Indonesia. Some of the main point of the amendment are the mandate to form a Fatwa Committee for Halal Products and validity extension of the halal certificate.
KFPH: Halal Product Fatwa Committee, New Institution in Halal Certification Process
The Halal Product Fatwa Committee mandated in Job Creation Lieu of Law No 2 of 2022 is different from the institution that has been mandated to issue fatwa decisions on halal products in Indonesia, namely the MUI Fatwa Commission. This is reflected in the amendment to Article 1 point 10 which explains the definition of a halal certificate. In this article the Halal Products Fatwa Committee is mentioned as a different entity.
Article 1 point 10 regarding the definition of Halal Certificate in JPH Law No 33 of 2014 stated that Halal Certificate is an acknowledgment of the halalness of a product issued by BPJPH based on a written halal fatwa issued by the MUI. On the other hand, Job Creation Lieu of Law No 2 of 2022 mention that Halal Certificate is an acknowledgment of the halalness of a product issued by BPJPH based on a written halal fatwa or determination of product halalness by National, Provincial, Regional of MUI; Aceh Ulama Consultative Assembly; or Halal Product Fatwa Committee.
Because it is mentioned in the same degree in Article 1 as an institution that issues fatwas for determining halal products, the Halal Product Fatwa Committee also has the same function as the MUI. However, the Job Creation Lieu of Law specifically provides additional conditions to differentiate the scope of work of the Halal Products Fatwa Committee and MUI (as the Fatwa Commission).
There are 2 articles in the Job Creation Lieu of Law that explain this, namely in Article 33, and Article 33A which is an additional article in the Job Creation Lieu of Law. The two articles above provide at least 2 (two) specific work scopes of the Halal Product Fatwa Committee, namely:
- As the party that stipulates a product halal fatwa if the MUI does not meet the deadline for the stipulated fatwa, which is a maximum of 3 (three) working days (Article 33)
- As a party that stipulates a special halal fatwa for products produced by SMEs (Micro and Small Enterprises) (Article 33A)
The next question that makes sense is, if the Halal Products Fatwa Committee is a separate entity with a different scope from the MUI, then who are the people within it? This is explained in Article 33B, a new article in the Job Creation Lieu of Law.
(1) Halal Products Fatwa Committee is formed and is responsible to the Minister.
(2) Halal Product Fatwa Committee consists of elements of:
- Ulema; And
- academics. (Article 33B)
Extension of Halal Certificate Validity
A great news shows in the article 42 of Job Creation Lieu of Law that amend the JPH Law and Job Creation Law. The validity of the halal certificate is extended into the unlimited with terms and conditions. This is reflected in the amendment to Article 42 point 1 which explains the validity period of a halal certificate.
Job Creation Lieu of Law changes the validity period and conditions that require the extension of Halal Certificates in Article 42 of the 2014 JPH Law and the 2020 Job Creation Law:
- JPH Law 2014: The validity period of Halal Certificate is 4 years, must be extended no later than 3 (three) months in advance
- Job Creation Law 2020: The validity period of the Halal Certificate is 4 years, must be extended no later than 3 (three) months in advance. If there is no change in the composition of the ingredients and PPH, BPJPH will immediately extend the validity period of the Halal Certificate
- Job Creation Lieu of Law 2022: The validity period of the Halal Certificate will remain valid as long as there is no change in the composition of the ingredients/PPH. If there is a change, the Halal Certificate must be renewed
This extension is also emphasized in the next article 63B of Job Creation Lieu of Law 2022 which stated that Halal certificates issued by BPJPH prior to the enactment of this Law are declared to remain valid as long as there is no change in the composition of the Materials or Halal Production Process (PPH).
But so far, there has been no more definitive explanation regarding the ministries/agencies that will carry out the duties of the Halal Product Fatwa Committee during the transitional period before the establishment of this new entity is determined. So do the technical way of validity extension of halal certificate. We are together with companies that waiting for the next update from the MoRA and Head of BPJPH. Stay updated with Halal News Update by IHATEC.
Date Posted. Article By: Delmar Zakaria Firdaus
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