Streamlining the Halal Certification Application Process Under Government Regulation No. 42 of 2024

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Authors

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Overview

Government Regulation No. 42 of 2024 (“GR 42/2024”), specifies the process for business actors to obtain halal certificates. Products including food, beverages, medicine, cosmetics, chemical products, biological products, genetically engineered products, and customer goods worn, used, or utilized by the public (“Products”) distributed in Indonesia must have a halal certificate.

A halal certificate is a recognition of the halalness of a Products issued by the Halal Product Assurance Agency (Badan Penyelenggara Jaminan Produk Halal – “BPJPH”) based on a written halal fatwa by the Indonesian Ulema Council (Majelis Ulama Indonesia – “MUI”), Provincial MUI, Regency/City MUI, the Aceh Ulema Consultative Assembly, or the Halal Product Fatwa Committee. In order to obtain a halal certificate, Products must be derived from halal ingredients and fulfil the Halal Product Process (Proses Produk Halal – “PPH”).

Halal Determination

The certification process involves submitting a halal certification application to Halal Product Assurance Agency (Badan Penyelenggara Jaminan Produk Halal – “BPJPH”) in Bahasa Indonesia via an integrated electronic system.^[1] The application should include: (i) business operator’s data; (ii) Products details; (iii) list of Products and Ingredients used; and (iv) processing information.^[2] Ingredients derived from slaughtered animals must come from animals slaughtered in accordance with sharia standard.

1. Document Review by BPJPH: BPJPH will conduct a completeness review of the halal certification application documents within a maximum of 1 (one) day from the date the application received by BPJPH.^[3] If the application documents are deemed complete, BPJPH will designate a Halal Assurance Institution (Lembaga Penjamin Halal – “LPH”) to carry out the inspection and/or testing of the Products’ halal status.^[4]

2. Inspection by LPH: LPH will then submit the inspection results and/or halal resting to the MUI, Provincial MUI, Regency/City MUI, the Aceh Ulama Consultative Assembly, with a copy to BPJPH through the integrated electronic system.^[5]

3. Halal Fatwa Hearing: No later than 3 (three) days after receiving the inspection and/or testing results from the LPH, MUI, Provincial MUI, Regency/City MUI, or the Aceh Ulema Consultative Assembly will hold a halal fatwa hearing to determine the halal status of the Products.^[6]

4. Issuance of Halal Certificate: If the Products are declared halal, BPJPH will issue a halal certificate for the relevant Products.^[7] The halal certificate will be effective from the date of issuance by BPJPH and will remain valid as long as there are no changes to the composition of Ingredients and/or the PPH.^[8]

Halal Labelling

Products that have obtained halal certification must display a halal label that includes at least the logo and certificate number or registration number.^[9] The label may be affixed to: (i) the Products’ packaging; (ii) a specific part of the Products; and/or (iii) a designated area on the Products.^[10] It is important to noted that the halal label must be placed in a location that is easily visible and legible, as well as resistant to being removed, detached, or damaged.

Furthermore, business operators that produce Products derived from non-halal Ingredients are required to include a non-halal statement.^[11] The non-halal statement must be placed in a location that is easily visible and readable, and must not be easily removed, erased, or damaged.^[12]

Halal Certification for Micro and Small Enterprises (“MSE”)

For MSE, the process of obtaining halal certification is simplified through a self-declaration approach. MSEs need to submit a halal declaration, which includes:^[13]

1. A statement affirming: (i) the halal status of their Products and the materials used; and (ii) compliance with the PPH; and
2. Confirmation of support or assistance in implementing the PPH.

This self-declaration is submitted to BPJPH, which then forwards it to the Halal Product Fatwa Committee for review. Once the committee determines that products meet halal standards, BPJPH issues the halal certificate within a day of the committee’s decision.

According to GR 42/2024, MSEs eligible for this simplified process are defined as productive enterprises that meet specific criteria:^[14]

1. They produce low-risk Products or uses materials that are confirmed to be halal; and
2. They can ensure that their production processes follow halal guidelines.

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1. Article 67 (1) of GR 42/2024. ↩︎

2. Article 67 (2) of GR 42/2024. ↩︎

3. Article 75 of GR 42/2024. ↩︎

4. Article 76 (1) of GR 42/2024. ↩︎

5. Article 85 (1) of GR 42/2024. ↩︎

6. Article 86 (3) of GR 42/2024. ↩︎

7. Article 86 (4) of GR 42/2024. ↩︎

8. Article 88 (2) of GR 42/2024. ↩︎

9. Article 107 (1) of GR 42/2024. ↩︎

10. Article 109 (1) of GR 42/2024. ↩︎

11. Article 110 (1) of GR 42/2024. ↩︎

12. Article 110 (2) of GR 42/2024. ↩︎

13. Article 98 (4) of GR 42/2024. ↩︎

14. Article 98 (2) of GR 42/2024. ↩︎

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Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.

Go to

1. Overview
2. Halal Determination
3. Halal Labelling
4. Halal Certification for Micro and Small Enterprises (“MSE”)

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