Self-Declare Halal Products for Small and Micro Enterprises Between Ease of Doing Business and Assurance of Consumer Spiritual Rights/Self Declare Produk Halal Usaha Kecil Mikro Antara Kemudahan Berusaha dan Jaminan Hak Spiritual Konsumen

Musataklima, Musataklima (2021) Self-Declare Halal Products for Small and Micro Enterprises Between Ease of Doing Business and Assurance of Consumer Spiritual Rights/Self Declare Produk Halal Usaha Kecil Mikro Antara Kemudahan Berusaha dan Jaminan Hak Spiritual Konsumen. De Jure: Jurnal Hukum dan Syar'iah, 13 (1). pp. 32-52. ISSN 2528-1658 dan 2528-1658

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Abstract

Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 concerning Halal Product Guarantee, namely Article 4A "halal statement" as the basis for halal certification obligations for micro and small business actors. This paper aims to test the constitutionality of Article 4A, which discusses the constitutional basis of halal products as the constitutional rights of Indonesian Muslim consumers and examines the constitutionality of Article 4A itself. Based on the study results, it can be seen, and firstly, those halal products are the constitutional rights of Muslim consumers, which the 1945 Constitution gives as part of the right to religion because halal products are related to Allah SWT. After all, as His commandments, the constitutional rights of these halal products can be said to be spiritual rights. Second, Article 4A is out of sync with the constitution so that it is thus unconstitutional and has no power to apply based on the lex superior derogat legi inferiori principle. In addition, it does not have the legitimacy to be considered a law because it does not meet the minimum threshold of morality criteria introduced by Lon L. Fuller. The unconstitutionality of Article 4A has a severe impact on the legal uncertainty of protecting Muslim consumers from accessing halal products as their spiritual right.

Item Type:	Journal Article
Keywords:	halal statement; consumer protection; undang-undang cipta kerja
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Mr Musataklima
Date Deposited:	18 Oct 2022 09:49

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