In Indonesia, the Consumer Protection Law protects all consumers. Consumer protection encompasses all efforts to ensure the protection of consumers. In terms of halal label protection, the Consumer Protection Law does not specify whether halal labels must be affixed to the goods sold. However, Article 8 paragraph (1) letter h of the Consumer Protection Law states that business actors are prohibited from producing and/or selling goods and services that do not meet halal production requirements, as indicated by the “halal” statement on the label. According to Article 62 paragraph (1) of the Consumer Protection Law, business actors who violate the provisions of Article 8 of the Consumer Protection Law will be subject to a prison sentence of up to 5 years or a fine of up to IDR 2 billion.

The Food Law and Law 33/2014 regulate halal labeling for food and pharmaceutical products. Essentially, this label serves to protect the Indonesian people, the majority of whom are Muslim. Food can be defined as everything that comes from biological sources, such as agricultural products, plantations, forestry, fisheries, livestock, water bodies, and water, whether processed or unprocessed, intended for human consumption. This includes additives, raw materials, and other ingredients used in the preparation, processing, and/or production of food or beverages. We refer to Article 97 paragraph (2) of the Food Law, which states:

Every person who imports food for trade is required to include a label inside and/or on the food packaging upon entering the territory of the Unitary State of the Republic of Indonesia.

Labels that are located inside and/or on food packaging must be written or printed in a clear and easily understandable manner in Indonesian, and must contain at least information about:

1. product name;
2. list of ingredients used;
3. net weight or net content;
4. name and address of the party that produces or imports;
5. halal for those required;
6. production date and code;
7. expiration date, month, and year;
8. distribution permit number for processed food; and
9. origin of certain food ingredients.

If someone violates the provisions stated in Article 97 paragraph (2) of the Food Law, the imported food must be removed from the territory of Indonesia or destroyed.

Article 4 of Law 33/2014 stipulates that products (such as food or medicine) that enter, circulate, and are traded in Indonesia must have halal certification. However, companies that produce products from prohibited materials cannot obtain halal certification. Conversely, companies that use prohibited materials must demonstrate that their products are not halal. This can be in the form of images, signs, or writings that are affixed to the product packaging, specific parts of the product, or specific parts that have a different color from the composition of the materials.

In reality, we found a number of non-halal statements on the packaging of imported food products, such as “contains pork” or “during its production, it came into contact with and/or used facilities shared with pork-derived ingredients,” among others. The information that is not valid must be easily visible and readable, and should not be easily erased, removed, or damaged.

Business operators are subject to administrative sanctions in the form of a written warning. If they do not follow up within 14 days from the issuance of the warning, they will face administrative fines and/or the withdrawal of goods from circulation for a maximum of 60 days from the date the warning was given.

Therefore, products (such as food or medicine) imported from prohibited materials do not need to have halal certification. On the contrary, these products must include a label stating “not halal.” However, imported products made from halal materials must have halal certification submitted by the importer or their official representative.

Legal Basis:

• Law Number 8 of 1999 concerning Consumer Protection
• Law Number 18 of 2012 concerning Food
• Law Number 33 of 2014 concerning Halal Product Assurance
• Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law
• Law Number 6 of 2023 concerning the Establishment of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law
• Government Regulation Number 39 of 2021 concerning the Implementation of Halal Product Assurance.

Reference:

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