NORMATIVE STUDY ON THE HARMONIZATION OF STANDARDS IN INTERNATIONAL CIVIL AGREEMENTS ON THE INTEGRATION OF HALAL CERTIFICATION AND BUSINESS CONTRACTS IN THE INDONESIAN HALAL HUB SYSTEM
Keywords:
Harmonization of Halal Standards, International Civil Contracts, Halal Hub IndonesiaAbstract
The dominance of the global halal narrative is no longer solely determined by religious credibility, but also by legal certainty and international legal standards. Amidst the booming global halal industry, valued at trillions of dollars, Indonesia remains mired in recognition ambiguity and fragmented standards. The country with the world's largest Muslim population should not only be a market, but a pioneer and determinant in the international halal system. Ironically, Indonesia's halal certification issued by the BPJPH (Indonesian Halal Product Regulatory Agency) is still not fully recognized by many strategic trading partners. When cross-border business contracts include halal assurance as an essential clause, the lack of harmonization of standards between countries opens the door to disputes, breaches of contract, and even immeasurable reputational and economic losses.
This research uses a normative juridical approach supported by the theory of contractual obligations and the theory of international legal harmonization to systematically examine how the integration of halal standards can be implemented in cross-border business contracts, as well as the forms of civil legal liability in the event of default due to non-compliance with halal standards. The main findings indicate that without a mutual recognition mechanism explicitly outlined in a contractual clause, the halal guarantees included in the agreement will be merely empty promises lacking legal enforcement. The Indonesian Halal Hub will never become a strategic reality if the government continues to play it safe and passive in global harmonization forums. Instead, aggressive political-legal measures are needed, starting from strengthening bilateral agreements, constructing robust contractual clauses, and international advocacy towards the birth of a multilateral treaty on the unification of binding halal standards. Without this, Indonesia will simply be a rubber stamp, not an architect of the global halal system.
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References
Subekti. 2004. Contract Law. Jakarta: Intermasa.
Teubner, Gunther. 1997. Global Bukowina: Legal Pluralism in the World Society. In: Global Law Without a State, edited by Gunther Teubner. Aldershot: Dartmouth Publishing.
Lestari, Fitri. 2021. “Harmonization of Halal Standards in International Contracts.” Journal of Islamic Business Law, Vol. 8, No. 1.
Rodyanto, Yudha. 2024. “Conflict of Halal Standards in Global Trade: The Case of Halal Food Exports.” Indonesian Journal of International Law, Vol. 6, No. 2.
Hasan, Abdul. 2022. “Comparison of Halal Certification Systems: Indonesia, Malaysia, and the Gulf States.” Journal of Contemporary Islamic Studies, Vol. 14, No. 3.
Retnowulan Sutantio and Iskandar Oeripkartawinata. 1993. Contract Law. Bandung: Mandar Maju.
Badrulzaman, Mariam Darus. 2001. Compilation of Contract Law. Bandung: Citra Aditya Bakti.
Law Number 33 of 2014 concerning Halal Product Guarantee.
Government Regulation of the Republic of Indonesia Number 39 of 2021 concerning the Implementation of the Halal Product Assurance Sector.
Civil Code (Burgerlijk Wetboek).
Department of Islamic Development Malaysia. 2009. Malaysian Standard MS 1500:2009: Halal Food – Production, Preparation, Handling and Storage – General Guidelines. Putrajaya: Department of Standards Malaysia.
Gulf Cooperation Council. 2015. GSO 2055-1: Halal Food – General Requirements. Riyadh: Gulf Standardization Organization.
SMIIC-OIC. 2019. OIC/SMIIC 1: General Guidelines on Halal Food. Istanbul: The Standards and Metrology Institute for Islamic Countries.
Emirates Authority for Standardization and Metrology. 2020. Halal National Mark Guidelines. Abu Dhabi: ESMA Publications.
UNIDROIT. 2016. UNIDROIT Principles of International Commercial Contracts (PICC). Rome: International Institute for the Unification of Private Law.
CISG. 1980. United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention). New York: United Nations.
BPJPH Ministry of Religious Affairs of the Republic of Indonesia. 2023. BPJPH Annual Report: Halal Certification Internationalization Strategy. Jakarta: Ministry of Religious Affairs of the Republic of Indonesia.
SIAC. 2023. Final Arbitral Award: Qatar v Indonesia Exporter Case No. 342/2023. Singapore International Arbitration Center Archive.
World Trade Organization. 2022. Technical Barriers to Trade: Committee Report on Halal Standards. Geneva: WTO Secretariat.
ASEAN Secretariat. 2023. Memorandum of Cooperation between BPJPH and JAKIM on Mutual Recognition of Halal Certification. Jakarta–Putrajaya: ASEAN Legal Instruments Repository.
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