Criminal Accountability for Businesses That Do Not Implement the Halal Food Product Warranty System in Aceh Based On

10.2478/bjlp-2022-007080

Abstract

Aceh is the only province in Indonesia that has the specificity and privilege to implement Islamic Sharia in all dimensions of life. One of the concrete manifestations of the Government of Aceh in upholding Islamic Sharia in Aceh is establishing Aceh Qanun Number 8 of 2016 concerning the Halal Product Guarantee System (hereinafter referred to as Qanun Aceh SJPH) which aims to provide protection, peace and legal certainty to the public in consuming and using products Halal and hygienic food for physical and spiritual health. The criminal liability regulated in the Aceh Qanun is the same as the criminal liability regulated in the Law of the Republic of Indonesia Number 33 of 2014 concerning Guarantees for Halal Products. This study aims to find out, examine and explain the arrangements for the implementation of the halal food product guarantee system in Aceh, forms of criminal liability for business actors who do not implement the halal product guarantee system in Aceh and also aims to examine statutory provisions related to halal food product guarantees and identify reasons for forgiveness for business actors who do not implement a halal product guarantee system in Aceh. This study uses a normative juridical method, using a statutory approach, a conceptual approach, a comparative approach and a case approach. Data or legal materials used are secondary in nature in the form of primary, secondary and tertiary legal materials. Arrangements for the implementation of the halal product guarantee system in Aceh are the responsibility of the Government of Aceh. The Aceh government is responsible for structuring, supervising and law enforcement so that all food products in Aceh are guaranteed to be halal. All products are required to have a halal label or halal certificate from the authorized institution, namely LPPOM MPU Aceh as an autonomous body of MPU Aceh which is permanent. Actors who can be held criminally responsible in the halal product guarantee system as stipulated in the Aceh Qanun SJPH are only individual actors and do not include business entities because the formulation of Article 47 regulates the religion adhered to by business actors as an element of offense, and as a business entity does not adhere to any religion. Likewise with the formulation of offenses that can be held criminally responsible are business actors who do not maintain the halalness of products that have obtained halal certificates, so that it can be interpreted that business actors who do not maintain halal products, especially food products that are not halal-certified, cannot be held criminally responsible. This provision makes business actors reluctant to apply for halal certificates for their products so that they cannot be held criminally liable. The reason for forgiving cannot be applied to business actors who are Muslim who do not maintain the halalness of their food products, but non-Muslim business actors who produce non-halal food for a certain time in a closed place specifically for consumers who are not Muslim cannot be punished for reasons of forgiveness.It is suggested to the Aceh government to revise several provisions in the Qanun Aceh SJPH so that criminal liability for business actors, both Muslim and business actors who are not Muslim, is equated and business actors who produce food illegally can be held criminally liable as well as all raw materials or any Products produced or traded in Aceh must have a halal certificate. In forming and giving birth to qanuns in Aceh, the minority community is not neglected. The Aceh government must be firm and not selective in implementing the SJPH Aceh Qanun,