An analysis of legal protection of halal and thoyib food consumers in court judgments

International Conference on Industrial Technology for Sustainable Development 2017

工业技术;经济学

Wiryani, Fifik^1 ; Najih, Mokh.^1 ; Haris, Abdul^1

Legal Science University of Muhammadiyah Malang, Malang, Indonesia^1

关键词: Business owners;    Community participation;    Court Judgments;    Food distribution;    Halal products;    Legal compliance;    Legal protection;    Quality standard;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/175/1/012195/pdf
DOI  :  10.1088/1755-1315/175/1/012195

学科分类：工业工程学

来源: IOP

【 摘 要 】

The compliance of sufficient, halal and thoyib (safe, quality standard, and nutritive) food needs for Muslim consumers is confirmed as human rights which is pledged by international law, Constitution 1945, Act of Human Rights, Act of Health, Act of Consumers Protection, Act of Food, Act of Halal Product Warranty, and the other regulations. The status of Halal Product for Muslim consumers becomes a sensitive issue since it is related to spiritual life that has a consequence in this life and the afterlife. This consumer protection is shown by the obligation of distribution food permit issued by the National Agency of Drug and Food Control (BPOM) and halal certification issued by LPPOM-MUI. Halal certification significantly affects positively towards the buying interest of Muslim consumers that is allied with the profit addition for business actors. Imported or domestic food distributions, which have no distribution permit and halal certification/non-halal or expired permit alignment, may endanger the consumers' health and life. The business owners that allegedly distributed non-standardized food would be sentenced by administrative charge, civil sanction, and criminal sanction. However, the law enforcement of food consumer protection that appears from the court judgment is not optimal yet. Consequently, there is less guarantee of legal certainty of consumer protection and legal compliance for business actors. Therefore, the optimization of law enforcement of halal and thoyib food consumer protection needs to be done through the following efforts: reformulation of criminal sanctions; improving professionalism and sensitiveness of law enforcement; and increasing community participation.