Every product that enters, circulates, and is traded in Indonesia must have a halal certificate as stipulated in Article 4 of Law No. 33 of 2014 concerning Halal Product Assurance. Furthermore, the implementation of the halal certification obligation in Indonesia refers to Government Regulation No. 42 of 2024 concerning the Organization of Halal Product Assurance (“Government Regulation No. 42 of 2024“). Based on Article 159 of Government Regulation No. 42 of 2024, which essentially states that the obligation for halal certification for food and beverage products is enforced gradually.
The stages of the halal certification obligation for food and beverage products in accordance with the provisions of Article 160 paragraphs (1), (2), and (3) of Government Regulation No. 42 of 2024 are as follows:
Article 160
- For medium and large business actors, the phased obligation for halal certification for food products, beverages, slaughter results, and slaughter services starts from October 17, 2019, to October 17, 2024;
- For micro and small business actors, the phased obligation for halal certification for food products, beverages, slaughter results, and slaughter services starts from October 17, 2019, to October 17, 2026;
- The halal certification obligation for food products, beverages, slaughter results, and slaughter services originating from abroad is determined by the Minister no later than October 17, 2026, after considering the completion of mutual recognition cooperation of Halal Certificates.
In implementing supervision over the halal certification obligation for food and beverage products, the Government of Indonesia, through the Halal Product Assurance Agency, involves the role of the Indonesian public in supervising halal products in circulation as stated in Article 164 paragraph (2) letter d of Government Regulation No. 42 of 2024. The supervision conducted by the public is in the form of complaints and reports to the Halal Product Assurance Agency.
If food and beverage products traded by medium and large business actors do not have a halal certificate after October 17, 2024, the business actors may be subject to administrative sanctions in the form of a written warning, administrative fines, revocation of halal certificates, and/or withdrawal of products from circulation. Based on the provisions of Article 170 paragraph (7) Government Regulation No. 42 of 2024, the maximum administrative fine is IDR 2,000,000,000 (two billion Rupiah). The imposition of administrative sanctions can be given in a tiered, alternative, and/or cumulative manner as stipulated in Article 170 paragraph (6) of Government Regulation No. 42 of 2024. The determination of the maximum administrative fine is regulated in Article 149 paragraph (6).
Based on the above provisions, it can be concluded that the obligation for halal certification for food and beverage products traded in Indonesia will become effective starting from October 17, 2024, for medium and large business actors, while for micro and small business actors and food/beverage products from abroad, it will be effective starting from October 17, 2026.
If you, as a food and beverage business actor, experience difficulties in applying for halal certification, you can consult with us through the phone number 0877 7926 0613 or email info@pnpclawyer.com