Legal Expert: Omnibus Law Directs Decentralization of Halal Determination

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The Omnibus Law in the Cipta Karya Bill is a good intention of the government to prosper the community. However, the discussion needs to be examined in more detail. In connection with Act No. 33 of 2014 concerning Halal Product Assurance Act, halal must become a philosophy in a law.

Al-Azhar Indonesia University Law Specialist, Prof. Dr. Suparji Ahmad saw the implementation of the Omnibus Law in the Cipta Karya Bill which was aimed at a centralized system, ie laws could be changed with government regulations. However, in the context of halal, the opposite happened, leading to a decentralized system.

“Established halal certification is distributed again to Islamic mass organizations. It means, there is a clear paradox in the preparation of the Omnibus Law Bill, “explained Suparji in the Focus Group Discussion (FGD) event organized by Indonesia Halal Watch (IHW) at AONE Hotel, Jakarta some time ago.

While the MUI Deputy Secretary General for Fatwa, Drs. KH. Sholahuddin Al Aiyub, M.Sc., states that halal fatwas should not be applied with a decentralized system. This is because halal fatwa is qadha’i or binding, has been mandated by law.

Reflecting on this, the substance of the Omnibus Law will clearly cause problems. The procedures carried out were also deemed not aspirational, did not accommodate the aspirations of the community. Meanwhile, the authority of the stakeholders involved actually caused various debates. This is clearly not yet found a good truth.

Krisna Dwipayana University Tarumanegara Law Expert, Dr. Firman Wijaya SH. MH., Explained that regulations are said to be good if they open up participation space. A credible institution needs to be the main actor because it has clear guidelines, especially if it enters the realm of expertise and religion.

(Read also: Self Declare Violates Sharia)

“Regarding the halal product assurance, credible institutions must be tested methodologically. All halal measures must be predictable, so we can no longer submit speculation about regulations, “explained Firman.

Another thing that must be considered in establishing regulations is the interpretation space. It must be clear at the beginning, is who has the authority. Don’t let regulation become a language game. 

According to Firman, this draft regulation was somewhat injured. This is because quite a number of articles were adopted. Even so, this regulation needs to be guarded by maximizing the principles of welfare and religious spirit, not only as an opportunity cost. (YN, YS)

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