The government will soon finalise the drafting of the Government Regulation on the Implementation of the Halal Product Guarantee Sector (‘RPP Implementation of Halal Product Guarantee’). The final discussion is underway. ‘The target is to be enacted before 17 October,’ Secretary of the Halal Product Guarantee Agency E. A. Chuzaeimi Abidin told hukumonline.com. There is no change in substance in the discussion this time.

The draft regulation will contain several things. For example, regulating the relaxation of the stages of halal certification obligations for micro and small businesses; providing convenience for halal supervisor requirements for micro and small businesses; renewal of halal certificates for products that change the composition of ingredients, production processes, or product development; halal butchers; the position of the Halal Product Fatwa Committee; supervision arrangements; imported products; and strengthening arrangements regarding administrative sanctions for business actors, partners or agencies that intersect with halal product guarantees such as Halal Examining Institutions, Halal Product Process Assistance Institutions, and halal auditors.

Chuzaeimi ensured that the regulation would take effect as soon as possible. ‘Legal implementation (regulation) at the time the Government Regulation is promulgated,’ he said.

Then, one of the government plans listed in the regulation is that halal certificates can be valid for life. The goal is that business actors are not preoccupied with licence extensions because licence extensions also cost money. Initially, a halal certificate is valid for four years from issuance, unless there is a change in the composition of the ingredients.

Legal Analysis

Referring to Government Regulation No. 39 of 2021 concerning the Implementation of the Halal Product Guarantee Field (‘PP 39/2021’) which is currently still in effect, a halal certificate is valid for four years from the date of issuance of the certificate by the Halal Product Guarantee Organisation (‘BPJPH’). However, the latest version of the RPP for the Implementation of Halal Product Guarantee regulates that halal certificates will be issued with a fixed validity period, as long as there is no change in the composition of ingredients and / or Halal Product Process (‘PPH’).

In the RPP for the Implementation of Halal Product Guarantee, there is a change in the composition of ingredients and / or PPH after obtaining halal certification, halal certification must be renewed. The application for change is submitted to BPJPH through an integrated electronic system and accompanied by various supporting documents, such as documentation of changes in the composition of ingredients, proof of halalness of the changed ingredients, product development information, and so on.

Especially for micro and small businesses, the RPP for the Implementation of Halal Product Guarantee stipulates the duties and responsibilities of halal supervisors that are light compared to supervisors who work for large businesses. This is because supervisors for micro and small businesses are not required to carry out risk management and halal product process supervision reporting.

Recommended Action

Business actors need to immediately prepare themselves for the implementation of the RPP on the Implementation of Halal Product Guarantee by making adjustments to the production process and the composition of the ingredients used, especially for those who want to maintain halal certification without the need for regular renewal. Business actors can start documenting changes in the composition of ingredients and existing PPH, to facilitate the certification renewal process if changes occur.

Micro and small businesses can begin to take advantage of the ease of halal supervisor requirements, by ensuring the fulfilment of halal supervisor duties that have been confirmed in the RPP.

Source: hukumonline.com