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Starting in 2024, Be Careful of Penalties If You Don’t Have a Halal Certificate!

On Saturday (7/1/2023), the Head of the Ministry of Religion’s Halal Product Assurance Organizing Agency (BPJPH), Muhammad Aqil Irham, warned that there are three groups of products that must be halal certified on 17 October 2024. The three product groups are, first food products and beverages, second, raw materials, food additives, and auxiliary materials for food and beverage products, then third, slaughter products and slaughter services. If on the specified date, the business actors who bring in, distribute, and trade the three groups still do not have a halal certificate, then they will be subject to sanctions, ranging from written warnings, and administrative fines, to withdrawing goods from distribution.

A. Regulation Reference

The warning regarding the application of these sanctions, in accordance with Government Regulation Number 39 of 2021  (Peraturan Pemerintah Nomor 39 Tahun 2021) concerning the Implementation of the Field of Halal Product Assurance, article 140 which states that the phasing out of halal certification obligations for food, beverage, slaughter products, and slaughter services starts from 17 October 2019, until 17 October 2024. The details of the administrative sanctions referred to are further explained in Chapter 14 PP 39/2021.

Halal Certification

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Unlike the case with medicinal products, biological products, and medical devices, the mandatory phasing for halal certification is still given until 17 October 2039. This is in accordance with Government Regulation No. 6 of 2023 (Peraturan Pemerintah No. 6 Tahun 2023) concerning Halal Certification of Medicines, Biological Products, and Medical Devices, which took effect on 19 January 2023. Furthermore, article 18 PP 6/2023 still stipulates that even though medicinal products, biological products, and medical devices that have not been certified halal per 17 October 2021 can still enter, circulate, and be traded in Indonesian territory, these three product groups must still have permits in accordance with statutory provisions.

B. Application Method

The Halal Product Assurance Organizing Agency (BPJPH) of the Ministry of Religion of the Republic of Indonesia (Kemenag RI) has helped facilitate the process of applying for halal certification for business actors in Indonesia, by issuing 2 submission platforms, namely 1) through the following link: https://ptsp.halal .go.id or 2) through the Pusaka application which was just released by the Indonesian Ministry of Religion. It should be noted that these two channels have been integrated into the Halal Information System or SIHALAL. The Pusaka application can not only be used to take care of Halal Certification, but is designed as a “Super App”, which can also help take care of Hajj registration, marriage registration, and other matters related to the Indonesian Ministry of Religion. This application can be downloaded on the Play Store for Android users or the Appstore for iOS users.

Halal Certification-2

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In general, the following are the documents a business actor must prepare to apply for a halal certificate:

  1. Letter of Application
  2. Application Form
  3. Company Legality Documents
  4. Internal Halal Supervisor Identity
  5. The Guidelines for the Manufacture of Halal Products
  6. Applicant’s ID (submission of a power of attorney from the head of the company or photocopy of the identity card (KTP) of the applicant concerned)
  7. Power of Attorney (For applications that are not submitted by the person in charge/company manager)

In practice, business actors often find it difficult to prepare point 4 (Internal Halal Supervisor Identity) and point 5 (The Guidelines for the Manufacture of Halal Products). Point 4, is usually caused by the lack of access from business actors to register their team members as Halal Supervisors. As for point 5, the Guidelines must include the following processes: 1) Provision of Materials; 2) Processing; 3) Storage; and 4) Packaging. These processes must comply with sharia principles and not be contaminated with non-halal materials. Failure to comply with this aspect usually makes business actors fail to pass the Halal Audit and fail to obtain a Halal Certificate.

ET Consultant is here to help business actors so that the halal certification process they are undergoing can run smoothly, and there are few post-audit improvements so that they can undoubtedly get Halal Certificates in the shortest possible time.

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ET Consultant is a Business Consultant and Legal Consultant Expert that provides support for local and multinational clients to start and manage their business operations in Indonesia. ET Consultant specializes in Business Incorporation, Licensing & Legal, Accounting & Taxes, Immigration, and Advisory Services.

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