Aghnia Maurizka Prameswari
The government requires all food and beverage products, including street vendors and micro, small and medium enterprises (MSMEs) to have halal certificate. This is in accordance with the mandate of Government Regulation Number 39 of 2021 concerning the Implementation of Halal Product Assurance ("PP No. 39 of 2021"). Based on the provisions in PP No. 39 of 2021, products entering, circulating and being traded in Indonesian territory must be certified halal, except for products originating from prohibited materials and these products must be given a statement that they are not halal. "Non-Halal Product" are products that use or contain ingredients originating from and/or containing pork, alcohol derived from wine processing, animals slaughtered not in accordance with sharia, and non-halal ingredients determined based on MUI fatwa.
The obligation to be halal certified for MSME actors is based on the MSME actor's statement. MSMEs are productive businesses that have net assets or have annual sales results in accordance with the provisions of laws and regulations with the following criteria:
a. The product is not risky or use ingredients that has been confirmed halal; and
b. The production process is guaranteed to be halal and simple.
The MSME Actor's statement as referred to above is carried out based on halal standards set by the Halal Product Assurance Organizing Agency (BPJPH), which at least consists of:
a. statement from Business Actor in the form of agreement/pledge which contains:
1. halal products and materials used; and
2. halal product process.
b. assistance for the halal product process.
The Business Actor's Statement is submitted to BPJPH to be forwarded to the Indonesian Ulema Council (MUI). After receiving the document from BPJPH, MUI held a halal fatwa hearing to determine the halal of the product. Then, BPJPH issues a Halal Certificate based on a written halal fatwa.
Stage of Halal Certification Obligation
The halal certification obligation for types of goods and services is carried out in phases.
Products that must be halal certified consist of:
1. Goods, which include:
a. foods;
b. drinks;
c. drugs;
d. cosmetics;
e. chemical products;
f. biological products;
g. genetically modified products; and
h. used goods that are worn, utilized, or utilized.
2. Services
Includes business services related to:
a. slaughter;
b. processing;
c. storage;
d. packaging;
e. distribution;
f. sales; and/or
g. serving.
The First Phase consists of:
- Food and beverage products;
- Raw materials, food additives, and supporting materials for food and beverage products; And
- Slaughter products and slaughter services.
Product staging does not apply to:
- Products whose halal obligations have been stipulated in statutory regulations;
- The product was halal certified before Law Number 33 of 2014 concerning Halal Product Assurance came into effect; and
- Products that have been certified halal since the enactment of Law Number 33 of 2014 concerning Halal Product Assurance until the promulgation of this government regulation.
The First Phase of the Halal Certification Obligation for food products, beverages, slaughter products and slaughter services start from 17 October 2019 to 17 October 2024. This provision is regulated in Article 140 PP No. 39 of 2021. The government urges business actors to immediately register halal certificates for products that meet the above criteria. If after the specified time period, namely 17 October 2024 as regulated in the PP, the products are still not halal certified, then business actors may be subject to administrative sanctions in the form of:
- written warning;
- administrative fines;
- revocation of Halal Certificate; and/or
- recall of products from distribution.
Based on the Decree of the Head of the Halal Product Assurance Organizing Agency Number 57 of 2022 concerning the Halal Product Assurance System Manual for Halal Certification with a Statement from Micro and Small Business Actors (Self Declare), the responsibilities of MSME owners are:
1. Providing business premises and locations, and employees in accordance with halal product process requirements;
2. Ensure that all personnel at the business premises are responsible for implementing and maintaining product halal consistency;
3. Appoint and determine the halal responsible person/supervisor;
4. Carry out guidance through training and/or competency in halal sector for employees and people involved in the production process; and
5. Conduct internal training with materials as stated in the relevant law at least once a year.
Requirement/Criteria for Halal Certification Applicants by Business Actor (Self Declare)
The Ministry of Religion has opened a Free Halal Certification (SEHATI) facilitation quota. This facilitation is provided to Micro Small Enterprises (MSE) actor who meet the criteria for Self Declare. The conditions that must be met for MSEs to be able to take part in the SEHATI facilitation program are:
a. Own a Business Identification Number (NIB) with low risk (single permit)
b. Micro or small-scale business
c. KBLI which corresponds to the product type in the Decree of the Head of BPJPH Number 33 of 2022
d. Have outlets and/or production facilities at most 1 location
e. Never received halal certificate facilitation from other parties
f. Using materials that have been confirmed to be halal
g. Simple production process (home industry not manufacturer)
Halal Certification Procedure (Self Declare)
1. Application Submission Stage
Business Actors submit written application for a Halal Certificate in Indonesian to the Halal Product Assurance Organizing Agency (BPJPH) through electronic system. Applicants need to register an account on ptsp.halal.go.id site and select the application for halal certification (Self Declare). To take part in the Free Halal Certification program (SEHATI), business actors need to fill in the registration code with the code 'sehati22'.
Application for Halal Certificate must be accompanied by the following documents:
a. Business actor’s data, proven by Business Identification Number or other business permit documents;
b. Name and type of product, must match the name and type of product to be certified halal;
c. List of products and materials used, contains information regarding raw materials, additional materials and auxiliary materials used in the product processing process. For materials that come from nature and not going through processing process, no need to use halal certificate; and
d. Product processing, contains information regarding purchase, receipt, storage of materials used, processing, packaging, storage of finished products, and distribution.
2. Document Checking for Completeness Stage
BPJPH checks the completeness of the Halal Certificate application documents within a maximum period of 1 (one) day from the application is received by BPJPH.
3. Appointment of Halal Inspection Agency (LPH) Stage
In the event that the application for a Halal Certificate met the completeness of documents, the applicant may appoint the Halal Inspection Agency (LPH). Halal Inspection Agency, hereinafter abbreviated as LPH, is an institution that carries out inspection and/or testing activities on the halal of products. The LPH appointment is carried out within a maximum period of 1 (one) day from the application documents are declared complete.
4. Halal Product Testing Stage
LPH carries out inspection and/or testing of halal product based on standards set by BPJPH, which include:
a. checking the validity of documents; and
b. inspection and/or testing of halal product.
In the event that the product inspection results contain ingredients whose halal is doubtful, the product inspection as referred to in point b can be carried out by testing in the laboratory. Halal inspection and/or testing for products produced domestically is carried out within a maximum period of 15 (fifteen) days from the time the LPH appointment is issued by BPJPH and can be extended for a maximum of 10 (ten) days.
LPH submits the results of product halal inspection and/or testing to MUI with a copy to BPJPH, containing:
a. product name and type;
b. products and materials used;
c. Halal Product Process (PPH);
d. analysis results and/or material specifications;
e. inspection report; and
f. recommendation.
5. MUI Fatwa Session Stage
The determination of halal product is carried out by the MUI through the MUI Halal Fatwa Session. The result of the halal product determination is whether the product is halal or not halal.
The determination of halal product is submitted to BPJPH within a maximum period of 3 (three) days after the inspection of document completeness result from LPH is received by the MUI.
6. Issuance of Halal Certification
BPJPH issues Halal Certificates in the form of e-certificates based on the Halal Decree from the MUI Fatwa Commission/Halal Fatwa Committee and hand it over directly to business actors on the SIHALAL application.