JURIDICAL ANALYSIS OF THE OBLIGATION TO APPLY THE HALAL LABEL AND ASSURANCE OF INFORMATION ON MARKETED HALAL PRODUCTS: A STUDY OF CONSTITUTIONAL COURT DECISION NO: 8/PUU-XVII/2019

Abstract

Current technological developments often create confusion between halal and haram, such as genetic engineering technology. Muslim consumers face two choices: products that are labeled halal and products that are not labeled halal. Regarding to product labeling, the Halal Product Guarantee Law requires business actors to include halal labels and non-halal information on products as regulated in Article 25 and Article 26. Legally, the halal label is a norm that must be met by business actors and must comply with it, p. This indirectly raises the issue of conflicting norms regarding halal labels on products being marketed for both producers and the public as consumers. The imposition of administrative sanctions for violations of the obligation of business actors to include non-halal information on products in Article 26 paragraph (2) of the Halal Product Guarantee Law is also considered less strict than the imposition of criminal sanctions for actions that are prohibited for business actors in Article 8 paragraph (1). letter i of the Consumer Protection Law which has the same material substance. So this legal issue is interesting to carry out research using research study materials from Constitutional Court Decision No: 8/PUU-XVII/2019.

Keywords

• halal
• halal label
• halal product guarantee
• public service