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a. that the 1945 Constitution of the Republic of Indonesia gives the mandate to the state to assure the freedom of every citizen to embrace their own religion and to worship according to their religion and belief;
b. that to assure every believer of religion in worshipping and practicing their religious teachings, the state is obligated to provide protection and assurance on the halalness of the product consumed and used by the people;
c. that the products circulating among the people have not been all guaranteed of their halalness;
d. that the current regulation on halalness of a product does not guarantee its legal assurance and needs to be regulated in the provisions of legislation;
e. that based on the considerations as intended in letter a, letter b, letter c, and letter d, it necessitates the establishment of Law on Halal Product Assurance;
Article 20, Article 21, Article 28H paragraph (1), Article 28J, and Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia;
With the Mutual Consent of THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA and THE PRESIDENT OF THE REPUBLIC INDONESIA DECIDES:
To Stipulate : THE LAW ON HALAL PRODUCT ASSURANCE
In this Law, what is referred to as:
The implementation of JPH is based on:
a. protection;
b. justice;
c. legal assurance;
d. accountability and transparency;
e. effectiveness and efficiency; and
f. professionalism.
JPH is organized for the purpose of:
a. providing convenience, security, safety, and certainty of the availability of Halal Product to be consumed and utilized by the public; and
b. increasing the added value for Business Operators in producing and selling Halal Products.
Products that enter, circulate, and are traded in the territory of Indonesia must be halal-certified.
(1) The government is responsible for organizing JPH.
(2) The organizing of JPH as intended in paragraph (1) is performed by the Minister.
(3) To implement the organizing of JPH as intended in paragraph (2), BPJPH is established under and responsible to the Minister.
(4) If required, BPJPH may form representatives in local region.
(5) Provisions regarding the task, function, and organization structure of BPJPH are regulated in the Presidential Regulation.
In organizing JPH, BPJPH is authorized to:
a. formulate and stipulate JPH policy;
b. stipulate the norms, standard, procedure, and criteria of JPH;
c. issue and revoke Halal Certificate and Halal Label on Product;
d. perform registration of Halal Certificate on foreign Product;
e. socialize, educate, and publicize Halal Product;
f. perform accreditation of LPH;
g. certificate Halal Auditor;
h. control of JPH;
i. develop Halal Auditor; and
j. collaborate with domestic and foreign institutions in organizing JPH.
In performing the authorization as intended in Article 6, BPJPH shall collaborate with:
a. the related ministries and/or agencies;
b. LPH; and
c. MUI.
The collaboration of BPJPH with the related ministries and/or agencies as intended in Article 7 letter a is conducted according to the task and function of the related ministries and/or agencies.
The collaboration of BPJPH with LPH as intended in Article 7 letter b is conducted for Product examination and/or testing.
(1) The collaboration of BPJPH with MUI as intended in Article 7 letter c is conducted in the form of:
a. certification of Halal Auditor;
b. stipulation of the Product halalness; and
c. LPH accreditation.
(2) The stipulation of halal fatwa (edict) as intended in paragraph (1) letter b is issued by MUI in the form of Decree of Halal Product Stipulation.
Further provisions regarding collaboration as intended in Article 7, Article 8, Article 9, and Article 10 are regulated with or based on Government Regulation.
(1) The Government and/or the public may establish LPH.
(2) LPH as intended in paragraph (1) has the same opportunity in assisting BPJPH to examine and/or test the halalness of a Product.
(1) To establish LPH as intended in Article 12, the following requirements must be fulfilled:
a. having its own office and equipment;
b. having accreditation from BPJPH;
c. having a minimum of 3 (three) Halal Auditors; and
d. having a laboratory or cooperation agreement with other institutions which have a laboratory.
(2) In case LPH as intended in paragraph (1) is established by the public, LPH must be proposed by legal Islamic religious institution.
(1) Halal Auditor as intended in Article 13 letter c is appointed and dismissed by LPH.
(2) Appointment of Halal Auditor by LPH as intended in paragraph (1) must fulfill the requirements of:
a. Indonesian citizen;
b. Muslim;
c. a minimum education of Bachelor Degree in food, chemistry, biochemistry, industrial engineering, biology, or medicine;
d. understanding and having a broad insight regarding product halalness based on Islamic sharia;
e. prioritizing the people’s interests on top of private and/or group interests; and
f. obtaining certificate from MUI.
Halal Auditor as intended in Article 14 has the duty of:
a. examining and assessing the materials used;
b. examining and assessing the Product manufacturing process;
c. examining and assessing the slaughtering system;
d. inspecting the Product location;
e. inspecting the equipment, production room, and storage;
f. examining the Product distribution and presentation;
g. examining the halal assurance system of Business Operator; and
h. reporting the examination and/or testing result to LPH.
Further provision regarding LPH is regulated in the Government Regulation.
(1) The material used in PPH consists of raw material, process material, additional material, and auxiliary material.
(2) Material as intended in paragraph (1) comes from:
a. animal;
b. plant;
c. microbe; or
d. material that is obtained through chemical, biological, or genetically modified process.
(3) Material which comes from animal as intended in paragraph (2) letter a is basically halal, except when it is haram according to sharia.
(1) The material which comes from forbidden animal as intended in Article 17 Paragraph (3) includes:
a) Corpse;
b) Blood;
c) Pork; and/or
d) Animal that is slaughtered not in accordance with sharia.
(2) Material which comes from forbidden animal other than as intended in paragraph (2) shall be determined by the Minister based on MUI fatwa.
(1) Animal that is used as Product material must be slaughtered according to sharia and meet the principles of animal welfare as well as public veterinary health.
(2) Guidance of slaughter as intended in paragraph (1) is implemented according to provisions of the regulating legislations.
(1) Material which comes from plant as intended in Article 17 paragraph (2) letter b is halal, except those which intoxicate and/or endanger the health of the people that consume it.
(2) Material which comes from microbe and material which are obtained from chemical, biological, or genetically engineered process as intended in Article 17 paragraph (2) letter c and letter d is haram (forbidden) if the planting process and/or manufacture is mixed, containing, and/or contaminated with haram material.
(3) Haram material as intended in paragraph (1) and paragraph (2) is determined by the Minister based on MUI fatwa.
(1) Location, place, and equipment of PPH must be separated from the location, place, and equipment for slaughtering, processing, storing, packaging, distributing, selling, and presenting non-halal Product.
(2) Location, place, and equipment of PPH as intended in paragraph (1) must:
a. be maintained for its cleanness and hygiene;
b. be free of najis (defiled); and
c. be free of non-halal Material.
(3) Provision regarding location, place, and equipment of PPH as intended in paragraph (1) is regulated in the Government Regulation.
(1) Business Operators that do not separate the location, place, and equipment of PPH as intended in Article 21 paragraph (1) is subject to administrative sanctions in the form of:
a. written warning; or
b. administrative fines.
(2) Provision regarding the procedure of the imposition of administrative sanctions is regulated in the Ministerial Regulation.
Business Operators have the right to obtain:
a. information, education, and socialization regarding JPH system;
b. encouragement in producing Halal Product; and
c. service to achieve Halal Certificate expediently, efficiently, affordable, and non-discriminative.
Business Operators that submit application of Halal Certificate must:
a. provide correct, clear, and truthful information;
b. separate the location, place, and equipment for processing, storing, packaging, distributing, selling, and presenting halal Product from non-halal Product;
c. have Halal Supervisor; and
d. report the change of Material composition to BPJPH.
Business Operators that obtain Halal Certificate must:
a. attach the Halal Label on the Product that has obtained Halal Certificate;
b. maintain the halalness of the Product that has obtained Halal Certificate;
c. separate the location, place and equipment for processing, storing, packaging, distributing, selling, and presenting Halal Product from non-halal Product;
d. renew the Halal Certificate if the validity period of the Halal Certificate has expired; and
e. report the change of Material Composition to BPJPH.
(1) Business Operators that produce Product from Material that comes from haram Material as intended in Article 18 and Article 20 are excluded from submitting Halal Certificate application.
(2) Business Operators as intended in paragraph (1) must attach non-halal information on the product.
(1) Business Operators that do not perform their obligation as intended in Article 25 is subject to administrative sanction in the form of:
a. written warning;
b. administrative fines; or
c. revocation of Halal Certificate.
(2) Business Operators that do not perform their obligation as intended in Article 26 paragraph (2) is subject to administrative sanction in the form of:
a. verbal warning;
b. written warning; or
c. administrative fines.
(3) Provision regarding the imposition procedure of administrative sanction is regulated in the Ministerial Regulation.
(1) Halal Supervisor as intended in Article 24 letter c has the tasks of:
a. supervising PPH at the company;
b. deciding corrective and preventive actions;
c. coordinating PPH; and
d. assisting LPH Halal Auditor during examination.
(2) Halal Supervisor must fulfill the requirements:
a. Muslim; and
b. has a broad insight and understands sharia concerning halalness.
(3) Halal Supervisor is appointed by the head of the company and reported to BPJPH.
(4) Further provision regarding Halal Supervisor is regulated in the Ministerial Regulation.
(1) Halal Certificate Application is submitted by Business Operators to BPJPH in written form.
(2) Halal Certificate Application must be equipped with document of:
a. Business Operators data;
b. Product name and type;
c. Product registration and Material used; and
d. Product manufacturing process.
(3) Further provision regarding submission procedure of Halal Certificate application is regulated in the Ministerial Regulation.
(1) BPJPH appoints LPH to perform examination and/or testing of a Product halalness.
(2) Appointment of LPH as intended in paragraph (1) is performed within the maximum of 5 (five) working days starting when the application document as intended in Article 29 paragraph (2) is declared complete.
(3) Further provision regarding appointment procedure of LPH is regulated in the Ministerial Regulation.
(1) Examination and/or testing of a Product halalness as intended in Article 30 paragraph (1) is performed by the Halal Auditor.
(2) Examination of the Product is performed on business location during the production process.
(3) In case during the Product examination as intended in paragraph (1) there is a Material in which the Halalness is doubtful, laboratory testing shall be conducted.
(4) In performing the examination on the business location as intended in paragraph (2), the Business Operators must provide information to the Halal Auditor.
(1) LPH submits the examination and/or testing result of the Products halalness to BPJPH.
(2) BPJPH submits the examination and/or testing result of the Products halalness to MUI to obtain determination of Product Halalness.
(1) Determination of Product Halalness is conducted by MUI.
(2) Determination of Product Halalness as intended in paragraph (1) is performed in Halal Fatwa Assembly.
(3) MUI Halal Fatwa Assembly as intended in paragraph (2) involves experts, elements of the ministries/ institutions, and/or related agencies.
(4) Halal Fatwa Assembly as intended in paragraph (3) decides the Product Halalness in a maximum of 30 (thirty) working days since MUI receives the examination and/or testing results of the Product from BPJPH.
(5) Decree of the Determination of Product Halalness as intended in paragraph (4) is signed by MUI.
(6) Decree of the Determination of Product Halalness as intended in paragraph (5) is submitted to BPJPH as the basis for issuing the Halal Certificate.
(1) In case the Halal Fatwa Assembly as intended in Article 33 paragraph (2) determines halalness for the Product being applied for by the Business Operator, BPJPH shall issue the Halal Certificate.
(2) In case the Halal Fatwa Assembly as intended in Article 33 paragraph (2) declares the Product not halal, BPJPH returns the Halal Certificate application to the Business Operators along with the reasons.
Halal Certificate as intended in Article 34 paragraph (1) is issued by BPJPH at a maximum of 7 (seven) working days starting from Decree of the Determination of Product Halalness is received from MUI.
Issuance of Halal Certificate as intended in Article 35 must be published by BPJPH.
BPJPH determines the shape of Halal Label which is nationally applicable.
Business Operators that have obtained Halal Certificate must include the Halal Label on:
a. Product packaging;
b. specific part of the Product; and/or
c. specific place of the Product.
Inclusion of Halal Label as intended in Article 37 must be easy to see and read as well as not be easy to erase, detach, and damage.
Further provision regarding Halal Label is regulated in the Ministerial Regulation.
(1) Business Operators that include Halal Label which is not in accordance with the provisions as intended in Article 38 and Article 39 is subject to administrative sanction in the form of:
a. verbal warning;
b. written warning; or
c. revocation of Halal Certificate.
(2) Provision regarding imposition procedure of administrative sanction is regulated in the Ministerial Regulation.
(1) The Halal Certificate is valid for 4 (four) years since being issued by BPJPH, unless there is a change in the Material composition.
(2) The Halal Certificate must be extended by Business Operators by applying for renewal of Halal Certificate no later than 3 (three) months prior to the expiry date of the Halal Certificate.
(3) Further provisions concerning renewal of Halal Certificate are regulated in the Ministerial Regulation.
Every person involved in organizing JPH process must maintain the secrecy of the formula included in the information that is submitted by Business Operators.
(1) The cost of Halal Certificate is charged to Business Operators that submit Halal Certificate application.
(2) In case the Business Operator is a micro and small business, the cost of Halal Certificate can be facilitated by other party.
(3) Provision regarding the cost of Halal Certificate is regulated in the Government Regulation.
(1) BPJPH in managing the finance uses Finance Management of Public Service Agency.
(2) Provision regarding finance management of BPJPH is regulated in the Ministerial Regulation.
(1) The government may perform international collaboration in JPH according to Provision of the Regulating Legislation.
(2) International collaboration in JPH as intended in paragraph (2) can be in the form of JPH, conformity assessment, and/or recognition of Halal Certificate.
(3) Further provisions regarding JPH collaboration as intended in paragraph (2) are regulated or based on the Government Regulation.
(1) Foreign Halal Product that is imported into Indonesia must comply with provision as regulated in this Law.
(2) Halal Products as intended in paragraph (1) do not require Halal Certificate application as long as the Halal Certificate is issued by foreign halal agency that has performed collaboration of recognition as intended in Article 46 paragraph (2).
(3) Halal Certificate as intended in paragraph (2) must be registered by BPJPH prior to circulation of the Product in Indonesia.
(4) Provision regarding the registration procedure as intended in paragraph (3) is regulated in Government Regulation.
(1) Business Operators that do not register as intended in Article 47 paragraph (3) is subject to administrative sanction in the form of withdrawal of goods from circulation.
(2) Provision regarding imposition procedure of administrative sanction is regulated in the Ministerial Regulation.
BPJPH performs control toward JPH.
Control of JPH is performed toward:
a. LPH;
b. validity period of Halal Certificate;
c. the Product halalness;
d. inclusion of Halal Label;
e. inclusion of non-halal information;
f. separation of location, place and equipment for processing, storing, packaging, distributing, selling, as well as presenting Halal Product from non-halal Product;
g. existence of Halal Supervisor; and/or
h. other activities related to JPH.
(1) BPJPH and related ministries and/or institutions that have the authority to control JPH may perform control independently or in collaboration.
(2) Control of JPH with the related ministries and/or institutions as intended in paragraph (1) is conducted according to provision of the Regulating legislations.
Further provision regarding control is regulated in Government Regulation.
(1) The public can participate in organizing JPH.
(2) Public participation as intended in paragraph (1) can be:
a. socializing JPH; and
b. supervising Products and Halal Products that are circulating.
(3) Public participation by supervising Products and Halal Products that are circulating as intended in paragraph (2) letter b is in the form of complaints and reports to BPJPH.
BPJPH can provide award to the people that participate in organizing JPH.
Further provision regarding public participation procedure and provision of award is regulated in the Ministerial Regulation.
Business Operators that do not maintain the halalness of Products that have obtained Halal Certificate as intended in Article 25 letter b is punishable with imprisonment for a maximum of 5 (five) years or a maximum fine of Rp2.000.000.000,00 (two billion rupiah).
Every person involved in organizing JPH process that does not maintain the secrecy of the formula included in the information that is submitted by Business Operators as intended in Article 43 is punishable with imprisonment for a maximum of 2 (two) years or a maximum fine of Rp2.000.000.000,00 (two billion rupiah).
Halal Certificates that have been stipulated by MUI prior to this Law is still declared valid until the validity period of those Halal Certificates expires.
Prior to the formation of BPJPH, submission of application or renewal of Halal Certificate is conducted according to procedure of obtaining Halal Certificate that has been established prior to the legislation of this Law.
MUI still conducts its task in Halal Certification until BPJPH is formed.
LPH that has existed prior to the enactment of this Law is recognized as and must comply with the provision in Article 13 within a maximum period of 2 (two) years commencing from the legislation of this Law.
Halal Auditors that have existed prior to the enactment of this Law are recognized as Halal Auditor and must comply with the provisions in Article 15 within a maximum period of 2 (two) years commencing from the legislation of this Law.
Halal Supervisors of company that have existed prior to the enactment of this Law are recognized as Halal Supervisor and must comply with the provisions in Article 28 within a maximum period of 2 (two) years commencing from the legislation of this Law.
The formation of BPJPH as intended in Article 5 paragraph (3) must be formed no later than 3 (three) years commencing from the legislation of this Law.
Regulation for the implementation of this Law is stipulated no later than 2 (two) years commencing from the legislation of this Law.
At the time this Law is enacted, all Regulating Legislation that regulates JPH is considered valid as long as it does not contradict with the provisions in this Law.
(1) Obligation of halal certification for Products that circulate and are traded in the territory of Indonesia as in Article 4 comes into effect 5 (five) years from the legislation of this Law.
(2) Prior to the obligation of halal certification as intended in paragraph (1) is in effect, the type of Product which requires halal certification is regulated in stages.
(3) Provision regarding the type of Product that requires halal certification as regulated in paragraph (2) is regulated in Government Regulation.
This Law shall come into effect on the date of its legislation. For public cognizance, ordering the legislation of this Law by placing it in the Official Gazette of the Republic of Indonesia.
Stipulated in Jakarta on October 17, 2014
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUSILO BAMBANG YUDHOYONO
Legislated in Jakarta on October 17, 2014
MINISTER OF JUSTICE AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,
signature AMIR SYAMSUDIN
OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2014 NUMBER 295
The 1945 Constitution of the Republic of Indonesia gives mandates to the state to assure the freedom of each citizen to embrace their own religion and to worship according to their religion and belief.
To assure each believer to worship and perform the teachings of their religion, the state has the obligation to provide protection and assurance on the halalness of the Products that are consumed and used by the public. Assurance regarding Halal Product should be conducted according to the principles of protection, justice, legal assurance, accountability, and transparency, effectiveness and efficiency, as well as professionalism. Thus, the assurance of organizing Halal Product aims to provide convenience, security, safety, and certainty of the availability of Halal Products consumed and used by the public and to increase the added value for Business Operators to produce and sell Halal Products. The objective of Halal Product Assurance becomes important in view of the rapid advancement of science and technology in food, drug, and cosmetic. It significantly affects the shift from the process and utilization of raw material for food, beverage, cosmetic, drug, and other Products which are originally simple and natural into the process and utilization of scientifically engineered raw material. Processing products by using advancement of science and technology enables the mixing between halal and haram both intentionally and unintentionally. Thus, to know the halalness and purity of a Product, it requires a special study of multidisciplinary knowledge; such as knowledge in food, chemistry, biochemistry, industrial technology, and understanding of sharia.
Related to that issue, in reality, there are a lot of Products circulating in the public that have not been assured of their halalness. Meanwhile, various Regulating Legislations related to the regulation of Halal Product have not provide legal assurance for the Muslims. Hence, regulation concerning JPH must be regulated in one comprehensive law covering Product of food, beverage, drug, cosmetic, chemical product, biological product, and genetically engineered product in which the element and process are halal to eat, drink, use, or utilize according to sharia.
The main regulation in this Law, among others, are as follows:
Self-explanatory
Letter a
The term principle of “protection” is that in organizing product halal assurance, JPH aims to protect the Muslim people.
Letter b
The term principle of “justice” is that in organizing product halal assurance, JPH must reflect justice proportionally to every citizen.
Letter c
The term principle of “legal assurance” is that in organizing halal product assurance, JPH aims to provide legal assurance regarding halalness of a Product that is proven with Halal Certificate.
Letter d
The term principle of “accountability and transparency” is that in every activity and final result of the organization, JPH must be accountable to the public as the state’s highest sovereignty holder according to provision of Regulating Legislation.
Letter e
The term principle of “effectiveness and efficiency” is that in organizing halal product assurance, JPH must see appropriate and useful objective and minimize the utilization of resources that are performed expediently, simply and affordably.
Letter f
The term principle of “professionalism” is that in organizing halal product assurance, JPH is conducted by prioritizing expertise based on competency and code of ethics.
The related ministries and/or institutions, among others, are ministries and/or institutions that organize government affairs in industry, trade, health, agriculture, standardization and accreditation, cooperative and micro, small and medium business, and control of drug and food.
The Forms of Collaboration between BPJPH with the ministry that organizes government affairs in industry are regulating, fostering and controlling industries related to the use of raw materials and additional materials in manufacturing Halal Products. The forms of Collaboration between BPJPH with the ministry that organizes government affairs in trade are coaching Business Operators and the public, controlling the circulation of Halal Product in the market, and expanding market access.
The forms of Collaboration between BPJPH with the ministry that organizes government affairs in health are determining production and distribution of drug, including vaccine, traditional medicine, cosmetic, health equipment, household medical supplies, food, and beverage.
The forms of collaboration between BPJPH and the ministry that organizes government affairs in agriculture redetermining requirements of animal/poultry slaughter house and animal/poultry slaughter unit, animal/poultry slaughter guide and handling of animal meat and its derivative, veterinary control certification guidelines of food of animal origin business unit, and quality assurance system and agricultural food safety.
The forms of collaboration between BPJPH with the government institution that organizes government affairs in standardization and accreditation are requirement of examination, testing, auditor, inspection agency, and certification agency in the JPH system according to the established standard.
The forms of collaboration between BPJPH with the government institution that organizes government affairs in cooperative, micro, small and medium business, for drug and food control are controlling domestic and overseas food product, drug, and cosmetic that are registered and certified halal.
LPH can be established by government, ministries and/or institutions, and state universities.
The term principle of “information it is not lawful” is the statement “it is not lawful” which cannot be separated from the products. The Information can be a picture, a sign, and/or writing.
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