Business Responsibilities for Food Products in the Don't Have Self Declare Category Halal Label (Case Study in Mataram City)

Authors

  • Baiq Nita Purnamasari Master of Law Study Program, Faculty of Law, Social Sciences and Political Sciences, University of Mataram
  • Zainal Asikin Faculty of Law, Social Sciences and Political Sciences, University of Mataram
  • Muhaimin Faculty of Law, Social Sciences and Political Sciences, University of Mataram

DOI:

https://doi.org/10.31305/rrijm.2024.v09.n04.022

Keywords:

Business Actors, Self-Declare, Halal Label

Abstract

This research aims to analyze the responsibility of business actors towards ingredients that do not yet have a halal label according to positive law and to analyze the inhibiting factors in the responsibility of business actors towards self-declared food products. which does not have a halal label in Mataram City. By using empirical normative legal research methods. The results of this research show that to protect consumer rights, the Consumer Protection Law Number 8 of 1999 and other laws and regulations apply administrative and criminal sanctions to business actors, if business actors are proven to have violated the regulations that have been established in carrying out their activities. or offer its products. Materials that do not yet have a halal label according to positive law, as in Article 8 paragraph (1) letter h UUPK, stipulate that business actors are prohibited from producing and/or trading goods. As stated in the "halal" statement on the label. And Article 4 of Law Number 33 of 2014 concerning Halal Product Guarantees states that products entering, circulating and being traded in Indonesian territory must be halal certified. With this article, all products circulating in Indonesia must have a halal certificate, without exception, products from Micro, Small Enterprises (UMK) which should also have a halal certificate because they are already circulating on the market. Legal responsibility for business actors who do not yet have a halal label for their products. Administrative/administrative sanctions are given , namely sanctions imposed due to administrative violations or legal provisions of an administrative nature, up to fines, revocation of certificates and/or permits, temporary suspension of administrative services up to reduction of production quotas. Inhibiting factors in the responsibility of business actors for self-declared food products which do not have a halal label in Mataram City, the inhibiting factors consist of two factors, namely: a. Internal factors consist of business actors' knowledge of halal certification, knowledge of halal certification obligations and certification costs. b. External factors consist of lack of socialization from the Halal Center Institute at UIN Mataram and lack of consumer awareness.

References

BOOK

Amirudin & Zainal Asikin, 2006, Introduction to Legal Research Methods, PT Raja Grafindo Persada, Jakarta.

Anonymous. 2018, Complete Collection of Copyright, Patent, Trademark and Geographical Indication Laws and Intellectual Property Rights (IPR). Yogyakarta.

Hans Kelsen (a), 2007, as translated by Somardi, General Theory of Law and State, General Theory of Law and State, BEE Media Indonesia, Jakarta.

Hadjon, Philipus M., 2012, Legal Protection for the People in Indonesia, Bina Ilmu, Surabaya.

Hidayah Khoirul, 2017 , Intellectual Property Rights Law, Setara Press, Jakarta .

Marzuki Peter Mahmud , 2011, Legal Research , Kencana Prenada Media Group, Jakarta.

Maulana Insan Budi, Ridwan Khairandy, Nurjihad, 2000, Kapita Selekta Intellectual Property Rights, Yogyakarta, Center for Legal Studies UII

Mertokusumo, Sudikno, 2019 Getting to Know the Law ( An Introduction ), Cahaya Atma Pustaka, Yogyakarta.

Muhaimin , 2020, Research Methods , Mataram University Press .

Saidin , 2007, Legal Aspects of Intellectual Property Rights, Law Number 20 of 2016 concerning Marks and Geographical Indications, PT. Raja Grafindo Persada, Indonesia, Jakarta.

Poerwadarminta, WJS, General Indonesian Dictionary , Jakarta, Balai Pustaka , Cet.IX.

Philipus M. Hadjon, 2010 , Legal Protection for the People in Indonesia, Bina Ilmu, Surabaya.

R. Soekardono, 2004, Indonesian Commercial Law, PT RajaGrafindo Persada: Jakarta.

Salim and Erlies Septiana Nurbaini, 2014, Application of Theory in Thesis and Dissertation Research, Raja Grafindo Persada, Jakarta.

Soekanto Soeryono and Sri Mamuji, 2010, Normative Legal Research A Brief Overview , Raja Grafindo Persada, Jakarta.

Sugiyono, 2007, Quantitative and Qualitative Approach Research Methods, Alfabeta, Bandung .

Tanya L Bernad, 2006, Legal Theory, Human Order Strategy Across Space and Generations , Kita, Surabaya.

JOURNAL

Socio Legal Studies, References Larasan; University Indonesia; University Leiden; University Groningen, 2012

Ahmad Muliadi, Legal Politics Paper, (Jakarta: SAP S-2 Jayabaya University, 2012),

Jan Michael Otto, Real Legal Certaintyin Developing Countries, in A. W. Bedner, S. Irianto, & Q. D. Entrepreneur (Eds.), Study Socio-Legal

Muchtar Ali, " The Concept of Halal Food in Sharia Review and Product Responsibility for Halal Industrial Producers," AHKAM: Journal of Sharia Science 16, 2016

Panji Adam Agus, " The Position of Halal Certification in the National Legal System as an Effort to Protect Consumers in Islamic Law," Amwaluna: Journal of Sharia Economics and Finance 1, 2017

Downloads

Published

15-04-2024

How to Cite

Purnamasari, B. N., Asikin, Z., & Muhaimin. (2024). Business Responsibilities for Food Products in the Don’t Have Self Declare Category Halal Label (Case Study in Mataram City) . RESEARCH REVIEW International Journal of Multidisciplinary, 9(4), 192–200. https://doi.org/10.31305/rrijm.2024.v09.n04.022

Most read articles by the same author(s)