that to implement the provisions of Article 48 and Article 185 of Law Number 11 of 2020 concerning Job Creation, it is necessary to stipulate a Government Regulation regarding the Organization of Halal Product Assurance;

COPY

THE GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA

NUMBER 39 YEAR 2021

REGARDING

THE ORGANIZATION OF HALAL PRODUCT ASSURANCE

BY THE GRACE OF GOD, THE ALMIGHTY,

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering: that to implement the provisions of Article 48 and Article 185 of Law

Number 11 of 2020 concerning Job Creation, it is necessary to stipulate a

Government Regulation regarding the Organization of Halal Product

Assurance;

Observing:

1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia

Year 1945;

2. Law Number 33 Year 2014 on the Product Halal Assurance (State

Gazette of the Republic of Indonesia Year 2014 Number 295, Additional

State Gazette of the Republic of Indonesia Number 5604);

3. Law Number 11 Year 2020 on the Job Creation (State Gazette of the

Republic of Indonesia Year 2020 Number 245, Additional State Gazette

of the Republic of Indonesia Number 6573);

DECIDES

To Establish: THE GOVERNMENT REGULATION ON THE ORGANIZATION OF

HALAL PRODUCT ASSURANCE

CHAPTER I

GENERAL PROVISIONS

Article 1

In this Government Regulation, these terms shall be construed as follow:

1. Halal Product Assurance, hereinafter shall be abbreviated as JPH, is legal assurance

towards the halalness of a Product, proven by Halal Certificate.– 2 –

2. Product shall be any goods and/or services related to food, beverages, medicine, cosmetics,

chemical products, biological products, genetic engineering products, as well as consumer

goods worn, used, or utilized by the public.

3. Halal Productshall be a halal certified Product in compliance with Islamic sharia principles.

4. Halal Product Process, hereinafter abbreviated to PPH, shall be a series of activities to

ensure the Product halalness including material supply, processing, storage, packaging,

distribution, sale, and presentation.

5. Material shall be any element used to make or produce a Product.

6. Halal Certificate shall be the halal recognition of a Product issued by the Halal Product

Assurance Organizing Agency based on written halal fatwa issued by the Indonesian Ulema

Council.

7. Halal Label is the halalness mark of a Product.

8. Conformity Assessment shall be an activity to assess that goods, services, systems,

processes, or personnel have met the reference requirements.

9. Business Actor shall be an individual or business entity, whether or not a legal entity that

carries out business activities in the territory of Indonesia.

10. Halal Examination Agency, hereinafter abbreviated to LPH,shall be an agency carrying

out the activities of examination and/or testing against the Product halalness.

11. LPH accreditation shall be a series of formal recognition activities for Conformity

Assessment, competency, and properness of LPH.

12. The LPH Accreditation Team shall be a number of people who are in the institution to carry

out LPH Accreditation and is responsible to BPJPH.

13. Halal Auditor shall be a person who has the capacity to carry out the examination of Product

halalness.

14. Halal Supervisor shall be a person in charge of PPH.

15. Indonesian Ulema Council, hereinafter abbreviated to MUI, shall be a deliberation forum

of the ulemas, Moslem leaders and scholars.

16. JPH Supervisor shall be a state civil apparatus personnel appointed by the authorized

official to supervise JPH.

17. Minister shall be the minister who organizes the government affairs in the religious sector.

18. Product Halal Assurance Organizing Agency, hereinafter abbreviated to BPJPH, shall be

an agency established by the Government to organize JPH.

19. Head of the Agency shall be the Head of BPJPH.

20. Day shall be a day as determined by the Central Government.

Article 2

(1) Any Product entering, circulating, and traded in the territory of Indonesia shall be

obligated to be halal certified.

(2) Any Product derived from the prohibited Material shall be exempted from the obligation to

have halal certificate.

(3) The Product, as referred to in paragraph (2), shall be obliged to be marked as non-halal.– 3 –

Article 3

Halal certificate as referred to in Article 2 paragraph (1) shall be given to the Product that

originates from the halal Material and complies with PPH.

CHAPTER II

THE ORGANIZER OF HALAL PRODUCT ASSURANCE

Article 4

(1) The Government shall be responsible for organizing the JPH.

(2) The organization of JPH as referred to in paragraph (1) shall be carried out by the Minister.

(3) In performing the organization of JPH as referred to in paragraph (2), BPJPH shall be

established, which the position shall be under and responsible to the Minister.

Article 5

In the organization of JPH, BPJPH shall be authorized to:

formulate and establish JPH policies;

b. determine the norms, standards, procedures, and criteria of JPH;

issue and revoke the Halal Certificate and Halal Label on a Product;

d. carry out the registration of Halal Certificate registration on foreign Product;

perform the socialization, education, and publication of Halal Product;

conduct the accreditation of LPH;

g. handle the registration of Halal Auditor;

h. supervise JPH;

coach Halal Auditor; and

cooperate with domestic and foreign institutions in the organization of JPH.

CHAPTER III

LOCATION, AREA, AND EQUIPMENT OF HALAL PRODUCT PROCESS

First Part

General

Article 6

(1) Location, area, and equipment of PPH shall be obliged to be separated from the location,

area, and equipment of non-halal Products.

(2) Location, area, and equipment of PPH, as referred to in paragraph (1), shall be required to

be:

kept clean and hygienic;– 4 –

free from the unclean (najis); and

free from non-halal Material.

(3) Location that shall be obliged to be separated, as referred to in paragraph (1), is the location

of slaughtering.

(4) Area and equipment of PPH that shall be obliged to be separated, as referred to in paragraph

(1), include the area and equipment of:

slaughtering;

processing;

storing;

packaging;

distribution;

selling and

presentation.

Second Part

Location, Area, and Equipment of Halal Slaughter Product Process

Article 7

Slaughtering location, as referred to in Article 6 paragraph (3), shall be obliged to fulfill these

requirements:

physically separated between the halal animal slaughterhouse with the non-halal animal

slaughterhouse;

b. bounded by wall fence at least 3 (three) meters in height to prevent people, equipment, and

Product traffic between the slaughterhouses;

not located in flood prone area, contaminated with smoke, smell, dust, and other

contaminants;

d. have solid and liquid waste treatment facility that shall be separated from the non-halal

animal slaughterhouse;

the basic construction of the whole building must be able to prevent contamination; and

having separated gate/door for the entry of slaughter animal and the exit of carcass and meat.

Article 8

The slaughtering area, as referred to in Article 6 paragraph (4) letter a., shall be obliged to

separate between the halal and non halal at:

the animal holding area;

b. the animal slaughtering;

the skinning;

d. the evisceration;

the meat aging room;

the carcass handling;– 5 –

g. the chilling room; and

h. the waste treatment facility.

Article 9

Slaughtering equipment, as referred to in Article 6 paragraph (4) letter a., shall be obliged to

fulfill these requirements:

not alternately using the slaughter equipment with the ones used for slaughtering non-halal

animal;

b. using different facility for the halal and non halal in equipment cleaning;

using different facility for the halal and non halal in equipment maintenance; and

d. having different equipment storage facility for the halal and non halal.

Third Part

Area and Equipment of Processing of Halal Product Process

Article 10

The processing area, as referred to in Article 6 paragraph (4) letter b., shall be obliged to

separate between the halal and non-halal at:

the Material storage;

b. the Material weighing;

the Material mixing;

d. the Product molding; and

the Product cooking, and/or

the other processes that affect food processing.

Article 11

Processing equipment, as referred to in Article 6 paragraph (4) letter b., shall be obliged to fulfill

these requirements:

not alternately using processing equipment with the ones used for processing non-halal

Products;

b. using different facility for the halal and non halal in equipment cleaning;

using different facility for the halal and non halal in equipment maintenance and

d. having different equipment storage facility for the halal and non halal.– 6 –

Fourth Part

Area and Equipment of Storage of Halal Product Process

Article 12

Storage area, as referred to in Article 6 paragraph (4) letter c, shall be obliged to separate between

the halal and non-halal at:

the Material receiving;

b. the post-processing Product receiving; and

the facility used for storage of Material and Product.

Article 13

Storing equipment, as referred to in Article 6 paragraph (4) letter c, shall be obliged to fulfill these

requirements:

not alternately using storing equipment with the ones used for storing non-halal Products;

b. using different facility for the halal and non halal in equipment cleaning;

using different facility for the halal and non halal in equipment maintenance; and

d. having different equipment storage facility for the halal and non halal.

Fifth Part

Area and Equipment of Packaging of Halal Product Process

Article 14

Packaging area, as referred to in Article 6paragraph (4) letter d, shall be obliged to be separated

between the halal and non-halal at:

the packaging material used for packing the Product; and

b. the Product packing facility.

Article 15

Packing equipment, as referred to in Article 6 paragraph (4) letter d, shall be obliged to fulfill

these requirements:

not alternately using packing equipment with the ones used for packing non-halal

Products;

b. using different facility for the halal and non halal in equipment cleaning;

using different facility for the halal and non halal in equipment maintenance; and

d. having different equipment storage facility for the halal and non halal.– 7 –

Sixth Part

Area and Equipment of Distribution of Halal Product Process

Article 16

Distribution area, as referred to in Article 6 paragraph (4) letter e, shall be obliged to be

separated between the halal and non-halal Product at:

the transportation facility from the storage to the Product distribution equipment; and

b. the means of transportation for Product distribution.

Article 17

The distribution equipment, as referred to in Article 6 paragraph (4) letter e, shall be obliged to

fulfill these requirements:

not alternately using distribution equipment with the ones used for distributing non-halal

Products;

b. using different facility for the halal and non halal in equipment cleaning;

using different facility for the halal and non halal in equipment maintenance; and

d. having different equipment storage facility for the halal and non halal.

Seventh Part

Area and Equipment of Selling of Halal Product Process

Article 18

Selling area, as referred to in Article 6 paragraph (4) letter f, shall be obliged to be separated

between the halal and non-halal at:

the Product selling facility; and

the Product selling process.

Article 19

The selling equipment, as referred to in Article 6 paragraph (4) letter f, shall be obliged to fulfill

these requirements:

not alternately using selling equipment with the ones used for the marketing of non- halal

Products;

b. using different facility for the halal and non halal in equipment cleaning; and

using different facility for the halal and non halal in equipment maintenance.– 8 –

Eighth Part

Area and Equipment of Presentation of Halal Product Process

Article 20

Product presentation Area, as referred to in Article 6 paragraph (4) letter g, shall be obliged to

separate between the halal and non-halal at:

the Halal Product presentation facility; and

b. the Product presentation process.

Article 21

The presentation equipment, as referred to in Article 6 paragraph (4) letter g, must fulfill these

requirements:

not alternately using presentation equipment with the ones used for the presentation of non

halal Products;

b. using different facility for the halal and non halal in equipment cleaning;

using different facility for the halal and non halal in equipment maintenance; and

d. having different equipment storage facility for the halal and non halal.

Ninth Part

Distribution, Selling, and Presentation of Products that are originated from

Animal and Non Animal

Article 22

(1) Distribution, selling, and presentation of non-halal fresh Product of animal origin shall be

separated from the distribution, selling, and presentation of halal fresh Product of animal

origin.

(2) Distribution of non-halal animal origin processed Product and non-halal non-animal origin

processed Product can be combined with the distribution of halal animal origin processed

Product and halal non-animal processed Product, as long as it shall be guaranteed no cross

contamination and the distribution equipment shall not be used after distributing non-halal

animal origin fresh Product, that shall be proven by a statement letter from the producer or

distributor.

(3) Selling and presentation of non-halal non-animal and animal origin processed and fresh

Product shall be separated from selling and presentation of halal animal and non-animal origin

processed and fresh Products.

(4) Distribution, selling, and presentation of Products, as referred to in paragraphs (1), (2), and (3)

shall be conducted in accordance to the legislation.– 9 –

CHAPTER IV

HALAL EXAMINATION AGENCY AND HALAL AUDITOR

First Part

The Establishment of Halal Examination Agency

Article 23

(1) LPH can be established by:

the government; and/or

b. the public

(2) LPH, as referred to in paragraph (1), is in nature independent that is independent, competent,

and free from conflict of interest either individually or institutions in the organization of

halal certification.

Article 24

(1) LPH that is established by the government, as referred to in Article 23 paragraph (1) letter a

shall include LPH that is established by:

the ministries/agencies;

regional government;

public universities; or

state-owned enterprises/regional government-owned enterprises.

(2) LPH that is established by the ministries/agencies or regional government, as referred to in

paragraph (1) letter a, shall be a function of working unit or technical implementation unit of

the ministries/agencies.

(3) LPH that is established by the regional government as referred to in paragraph (1) letter b shall

be a function of working unit or technical implementation unit or regional apparatus.

(4) LPH that is established by the public universities, as referred to in paragraph (1) letter c, shall

be formed by the Rector

(5) LPH that is established by state-owned enterprises/regional government-owned enterprises,

as referred to in paragraph (1) letter d shall be:

a part of the service business unit of the state-owned enterprises/or regional government

owned enterprises; or

b. a subsidiary of the state-owned enterprises/regional government-owned enterprises.

Article 25

(1) LPH that is established by the public as referred to in Article 23 paragraph (1) letter b shall

be obliged to be submitted by an Islamic religious institution with a legal entity, and a

private university that is under the auspices of an Islamic religious institution with a legal

entity or a legal Islamic foundation.

(2) In the event of an area does not have an LPH established by the public as referred to in

paragraph (1), Islamic religious institutions with legal status and private universities under

the auspices of an Islamic religious institution with legal status or legal Islamic foundation

can cooperate with state-owned enterprises or the National Food and Drug Control Agency.– 10 –

Article 26

(1) The establishment of LPH by the government and/or public, as referred to in Articles 23

shall be obliged to fulfill these requirements:

to have own office and its equipment;

b. to have at least 3 (three) Halal Auditors; and

to have a laboratory or working arrangement with another institution that has own the

laboratory.

(2) In addition to the requirements as referred to in paragraph (1), LPH establishment shall be

obliged to complete the supporting documents consisting of:

legal entity legal documents;

b. human resource data in the field of Islamic Sharia; and

data to support competency resources.

(3) The requirements of LPH establishment as referred to in paragraph (1) and supporting

documents as referred to in paragraph (2) shall be regulated in the BPJPH regulation.

Second Part

The Accreditation of Halal Examination Agency

Paragraph 1

General

Article 27

(1) LPH accreditation shall be conducted by BPJPH

(2) In conducting the accreditation as referred to in paragraph (1), BPJPH:

determines the norms, standards, procedures, and criteria for LPH accreditation; and

b. forms the LPH Accreditation Team

(3) In determining the norms, standards, procedures and criteria for LPH accreditation as

referred to in paragraph (2) letter a, BPJPH can collaborate with the non-structural

institution that carry out government affairs in the field of accreditation.

(4) The LPH Accreditation Team as referred to in paragraph (2) letter b has tasks that consists

of:

a. formulating the operational policies;

b. conducting the policy socialization;

c. carrying out the LPH Accreditation according to the norms, standards, procedures, and

criteria of the LPH Accreditation; and

d. providing input and analysis related to the organization of LPH accreditation to BPJPH.

(5) The LPH Accreditation Team consists of elements from academics, practitioners, ulemma,

and state civil servants who have competency and expertise in Products halalness.– 11 –

(6) Further provisions regarding the LPH Accreditation Team shall be regulated by the

Ministerial Regulation.

Article 28

(1) The determination of LPH establishment shall be carried out through an accreditation

mechanism.

(2) An accreditation as referred to in paragraph (1) shall be carried out on LPH which has

fulfilled the requirements of establishment and supporting documents.

Second Part

The Accreditation Application of

Halal Examination Agency

Article 29

(1) The applications for LPH Accreditation shall be submitted by heads of working units that

related to the organization of JPH, both central and regional agencies, leaders of public

universities, leaders of private universities under the auspices of Islamic religious

institutions, heads of state-owned enterprises, heads of regional government-owned

enterprises, and leaders of Islamic religious institutions with legal status to the Head of the

Agency.

(2) In the event of the application for LPH Accreditation as referred to in paragraph (1) is

submitted by the central agency as well as regional agencies it shall be obliged to go through

secretary general of ministry/principal secretary of the non-ministry government

institution/regional secretary.

(3) The Application for LPH Accreditation shall be submitted by attaching the requirements and

supporting documents as referred to in Article 26 paragraph (1) and paragraph (2).

Paragraph 3

The Accreditation Mechanism of

Halal Examination Agency

Article 30

(1) The requirements and supporting documents as referred to in Article 26 paragraph (1) and

paragraph (2) shall be examined by the LPH Accreditation Team within maximum period of

2 (two) Days since the requirement and supporting documents are received.

(2) In the event of the requirements and supporting documents as referred to in paragraph (1)

are declared incomplete, the LPH Accreditation Team shall submit a letter requesting

additional documents to the applicant.– 12 –

(3) The applicant shall be obliged to submit additional documents to the LPH Accreditation

Team within the maximum period of 10 (ten) Days since the request for additional

documents as referred to in paragraph (2) is received.

(4) In the event of the applicant does not complete the requirements and supporting documents

as referred to in paragraph (2), the LPH Accreditation application shall be declared rejected

by issuing a rejection letter.

Article 31

(1) In the event of the requirements and supporting documents as referred to in Article 26

paragraph (1) and paragraph (2) are declared complete, the LPH Accreditation Team shall

carry out verification within the maximum period of 7 (seven) Days since the requirement

and supporting document are declared complete.

(2) Verification of the requirements and supporting documents as referred to in paragraph (1)

shall be carried out by:

a. document validity checking; and

b. field inspection.

Article 32

(1) In the event of the supporting document verification result as referred to in Article 31 has

not fulfilled the requirements, the LPH Accreditation Team shall submit a letter requesting a

clarification to the applicant.

(2) The applicant shall be obliged to provide a clarification and submit additional documents if

necessary to the LPH Accreditation Team within the maximum period of 7 (seven) Days

since the request for a clarification and/or additional documents as referred to in paragraph

(1) is received.

(3) In the event of the applicant does not provide a clarification and/or additional documents as

referred to in paragraph (2), the application for the LPH accreditation shall be declared

rejected by issuing a rejection letter.

Paragraph 4

The Accreditation Determination of Halal Examination Agency

Article 33

(1) In the event of the applicant has fulfilled the LPH Accreditation requirements, the LPH

Accreditation Team shall submit a recommendation to BPJPH to get a determination of LPH

Accreditation.

(2) The LPH Accreditation determination as referred to in paragraph (1) shall be carried out in

the maximum period of 1 (one) Day since the recommendation is received. – 13 –

Article 34

(1) Determination of LPH Accreditation by BPJPH as the basis for assigning LPH to conduct

examination and/or testing of Product halalness.

(2) Determination of LPH Accreditation as referred to in paragraph (1), at least contains

information regarding:

name of LPH;

b. LPH address;

LPH registration number; and

d. LPH scope of activities.

Paragraph 5

The Accreditation Fee of Halal Examination Agency

Article 35

(1) The LPH Accreditation fee shall be charged to LPH.

(2) Determination of the amount/nominal of LPH Accreditation fee as referred to in paragraph

(1) shall be proposed by the Minister to the minister that organizes the government affairs in

the field of finance.

Paragraph 6

The Issuance of Accreditation Certificate of Halal Examination Agency

Article 36

(1) BPJPH shall issue the LPH Accreditation certificate.

(2) The LPH Accreditation certificate as referred to in paragraph (1) shall be valid for 4 (four)

years since is issued by BPJPH.

Third Part

Scope of Halal Examination Agency Activities

Article 37

(1) LPH determination shall contain the scope of LPH activities.

(2) The scope of LPH activities as referred to in paragraph (1) shall include:

verification/validation;

examination of Product and/or PPH;

c. examination of slaughterhouses for animals/poultry or animals/poultry slaughter units;

and/or

examination, audit and testing if necessary to the Product halalness.– 14 –

(3) Scope of LPH activities as referred to in paragraph (2) shall contain the accreditation

qualification.

(4) The mechanism for determining the scope of LPH activities as referred to in paragraph (3)

shall be regulated in the BPJPH regulation.

Fourth Part

The Change of Halal Examination Agency Data

Article 38

(1) LPH shall be obliged to report any changes of LPH data to BPJPH, including:

the number and names of the Halal Auditors;

b. the number and names of human resources in the field of Islamic law;

c. scope of activities;

d. the name of LPH;

e. the office address; and

f. the ownership and/or the laboratory availability.

(2) Reporting of LPH data changes as referred to in paragraph (1) shall be accompanied by

change supporting documents

(3) BPJPH shall carry out the checking of supporting documents completeness and the

verification of supporting documents of LPH data change as referred to in paragraph (2).

(4) Provisions for checking the completeness of supporting documents and verification of

supporting documents as referred to in Article 30, Article 31, and Article 32 shall be applied

mutatis mutandis to the examination of supporting documents completeness and verification

of supporting documents as referred to in paragraph (3).

(5) Changes of LPH data as referred to in paragraph (1) shall not change the registration number

in the approved LPH establishment that has been issued.

Fifth Part

Halal Auditor

Paragraph 1

General

Article 39

(1) The Halal Auditor shall be appointed and terminated by LPH.

(2) The Halal Auditor can only be appointed and registered with 1 (one) LPH.– 15 –

Paragraph 2

Appointment of Halal Auditor

Article 40

(1) The Halal Auditor appointment as referred to in Article 39 shall be obliged to fulfill the

following requirements:

an Indonesian citizen;

b. a Muslim;

having at least a bachelor's degree (one) in the fields of food, chemistry, biochemistry,

industrial engineering, biology, pharmacy, medicine, culinary, or agriculture;

d. understanding and having broad insight into the Product halalness according to the

Islamic law; and

putting the interests of the people above personal and/or group interests.

(2) The Halal Auditor as referred to in paragraph (1) shall submit a written application to the

head of LPH by attaching:

an identity card;

b. a Curriculum Vitae;

a legalized copy of a bachelor's degree certificate;

d. a copy of the Halal Auditor training certificate and/or competency test certificate; and

a stamped statement letter to put the interests of the people above personal and/or

group interests.

(3) The Halal Auditor appointment as referred to in paragraph (1) shall be determined by a

decision of the LPH leadership.

Paragraph 3

Training and Certification of Halal Auditor Competency

Article 41

To obtain a Halal Auditor training certificate and/or Halal Auditor competency certificate as

referred to in Article 40 paragraph (2) letter d, a Halal Auditor shall be obliged to take:

Halal Auditor training; and/or

b. Halal Auditor competency certification.

Article 42

(1) A Halal Auditor training as referred to in Article 42 letter a shall be carried out by BPJPH,

universities, and/or other training institutions that are accredited in accordance with the

legislation.

(2) The accredited universities and other training institutions that shall carry out the Halal

Auditor training as referred to in paragraph (1) shall be determined by BPJPH.

(3) The Halal Auditor training participant who is declared to have passed shall be entitled to

receive the Halal Auditor certificate.– 16 –

Article 43

(1) The Halal Auditor competency test as referred to in Article 41 letter b shall be carried out by

BPJPH and can cooperate with an institution that has the authority of profession competency

quality assurance.

(2) The Halal Auditor competency certification participants who are declared to have passed

shall be entitled to obtain a Halal Auditor competency certificate.

Article 44

The mechanism, procedure, and methods of Halal Auditor competency standard and training

organization shall be regulated in the BPJPH Regulation.

Paragraph 4

Halal Auditor Registration

Article 45

(1) Halal Auditor that has been appointed as referred to in Article 40 paragraph (3) shall be

obliged to be registered by BPJPH.

(2) LPH shall apply for registration as referred to in paragraph (1) to BPJPH.

(3) The application by LPH as referred to in paragraph (2) shall be accompanied by a copy of

the LPH leaders’ decision on the Halal Auditor appointment.

Article 46

(1) The revocation of the Halal Auditor registration shall be carried out by BPJPH.

(2) The revocation of the Halal Auditor registration shall be carried out in the event of the Halal

Auditor is terminated by LPH.

Paragraph 5

Termination of Halal Auditor

Article 47

The Halal Auditor can be terminated by LPH in the event of:

resign;

b. pass away;

no longer fulfills one of the Halal Auditor’s requirements;

d. proven to have violated the heavy level of code of ethics and code of behavior; or

found guilty of committing a criminal offense that threatened with imprisonment of 5 (five)

years or more based on the court verdict that have been legally binding.– 17 –

CHAPTER V

THE BUSINESS ACTOR

First Part

General

Article 48

The Business Actor shall be entitled to receive:

information, education, and socialization regarding the JPH system;

b. guidance in producing Halal Products;

services for obtaining Halal Certificate in a fast, efficient, affordable cost, and non

discriminatory; and

Second Part

Obligations of The Business Actor

Article 49

The Business Actor who apply for a Halal Certificate shall be obliged to:

provide true, clear and honest information;

b. separate the location, place and means of slaughter, processing, storage, packaging,

distribution, selling, and presentation of Halal and non-halal Products;

have a Halal Supervisor; and

d. report changes in Material composition to BPJPH.

Third Part

Halal Supervisor

Paragraph 1

General

Article 50

The Halal Supervisor as referred to in Article 49 letter c shall be determined by the Business

Actor.

Article 51

The Halal Supervisor as referred to in Article 50 has duties to:

supervise PPH in companies;

b. determine corrective and preventive actions;– 18 –

coordinate PPH; and

d. accompany the Halal Auditor during the examination.

Article 52

In carrying out the tasks as referred to in Article 51, the Halal Supervisor shall be responsible for:

applying the provision of JPH Legislation;

b. applying the Halal Product Guarantee System;

setting up PPH plans;

d. implementing PPH control risk management;

proposing a replacement of Materials;

proposing the production stopping that does not fulfill PPH provisions;

g. making PPH supervision reports;

h. conducting a review of the PPH implementation;

preparing Materials and examination samples for the Halal Auditor; and

showing the evidence and providing correct information during the examination process by

the Halal Auditor.

Article 53

(1) To be determined as a Halal Supervisor as referred to in Article 50 shall be obliged to fulfill

the requirements:

a Muslim; and

b. have broad insight and understand the Shari'a regarding halalness.

(2) Having broad insight and understanding of the Shari'a regarding halalness as referred to in

paragraph (1) letter b shall be proven by a Halal Supervisor certificate.

(3) To obtain the Halal Supervisor certificate as referred to in paragraph (2), the Halal

Supervisor shall be obliged to attend a training and/or a competency certification of Halal

Supervisor.

Paragraph 2

Training and Competency Certification of Halal Supervisor

Article 54

(1) Halal Supervisor training as referred to in Article 53 paragraph (3) shall be carried out by

BPJPH, universities, and/or other training institutions that are accredited in accordance with

the legislation.

(2) The universities and other accredited training institutions that carry out Halal Supervisor

training as referred to in paragraph (1) shall be determined by BPJPH.

(3) Halal Supervisor training participants who are declared to have passed shall be entitled to

receive Halal Supervisor training certificates.– 19 –

Article 55

(1) The Halal Supervisor competency certification as referred to in Article 53 paragraph (3)

shall be carried out by BPJPH and can cooperate with the institution that has the authority of

profession competency quality assurance.

(2) The Halal Supervisor competency participant who is declared to have passed shall be

entitled to obtain a Halal Supervisor competency certificate.

Article 56

The mechanism, procedure, and methods of the Halal Supervisor competency standard and training

organization shall be regulated in the BPJPH Regulation.

Paragraph 3

The Determination of Halal Supervisor by the Business Actor

Article 57

(1) The Head of Business Actor shall submit the determination of the Halal Supervisor who has

fulfilled the requirements as referred to in Article 53 to BPJPH by attaching:

a. a photocopy of identity card of Halal Supervisor;

b. a Curriculum Vitae;

legalized copies of a training certificate and a competency certificate; and

a legalized copy of the decision of Halal Supervisor determination.

(2) Determination of Halal Supervisor for micro and small Business Actors shall be based on a

Halal Supervisor training certificate.

Paragraph 4

Halal Supervisor Facilitation for Micro and Small Business Actors

Article 58

(1) In the event of business activities are carried out by micro and small Business Actors, the

Halal Supervisor can come from a Community Organization.

(2) Besides coming from Community Organizations as referred to in paragraph (1) Halal

Supervisor can come from government agencies, business entities or universities.

(3) In addition to providing Halal Supervisors as referred to in paragraph (1), Community

Organizations, government agencies, business entities or universities can provide facilitation

in the form of participation in Halal Supervisor training and/or competency certification.– 20 –

CHAPTER VI

SUBMISSION OF APPLICATION AND EXTENSION OF

HALAL CERTIFICATE

First Part

Application Submission of Halal Certificate

Article 59

(1) The Business Actor shall submit a written application of Halal Certificate in Indonesian

language to BPJPH through electronic system.

(2) A Halal Certificate application as referred to in paragraph (1) shall be obliged to be

completed with the following documents:

Business Actor data;

b. name and type of Product;

List of Products and Materials that are used;

d. Product processing.

Article 60

The Business Actor Data as referred to in Article 59 paragraph (2) letter a shall be proven by a

business registration number or another business license documents.

Article 61

The name and type of Product as referred to in Article 59 paragraph (2) letter b shall be obliged to

match with the name and type of Product that will be halal certified.

Article 62

(1) List of Products and Materials that are used as referred to in Article 59 paragraph (2) letter c

shall be obliged to be Halal Products and Materials that are proven by Halal Certificates.

(2) The provisions as referred to in paragraph (1) shall not be required for Materials that:

originating from the nature in the form of plants and mining materials without any

processing process;

b. is categorized as not at risk of containing prohibited materials.; and/or

not classified as dangerous and does not contact with haram substances.

Article 63

Product processing documents as referred to in Article 59 paragraph (2) letter d contain

information regarding the purchase, receipt, storage of used Materials, processing, packaging,

storage of finished Products, and distribution.– 21 –

Article 64

In the event of the production facility that is used to produce Products that are applied the Halal

Certificate is also used to produce Products that are not applied the Halal Certificate that do not

originate from Materials that is forbidden (not halal), the Business Actor shall be obliged to

submit the following documents:

Name of Product;

b. List of Products and Materials that are used;

Product processing process; and

d. Washing or tanning in joint production facilities.

Article 65

To maintain the sustainability of PPH, the Business Actor shall be obliged to implement JPH

system.

Second Part

Examination of Document Completeness of Halal Certificate Application

Article 66

BPJPH shall examine the document completeness of the Halal Certificate application as referred

to in Article 59 within a maximum period of 1 (one) Day since the application has been received

by BPJPH.

Third Part

Determination of Halal Examination Agency to Conduct

Examination and/or Testing of Product Halalness

Article 67

(1) In the event of the Halal Certificate application has fulfilled the documents completeness,

the applicant shall choose LPH.

(2) The determination of LPH shall be conducted based on the considerations:

LPH accreditation;

b. scope of LPH activities;

LPH accessibility;

d. LPH workload; and/or

LPH performance.

(3) The LPH determination as referred to in paragraph (2) shall be made within a maximum

period of 1 (one) Day since the application document as referred to in Article 59 is declared

complete.– 22 –

(4) In the event of the LPH determination made by BPJPH as referred to in paragraph (3) has a

problem, BPJPH will add a maximum period of 1 (one) day.

(5) Provisions regarding the determination of LPH shall be regulated in the BPJPH Regulation.

Fourth Part

Examination and/or Testing of Product Halalness

Article 68

(1) LPH shall conduct examination and/or testing of the Product halalness based on standards

that has determined by BPJPH.

(2) Examination and/or testing of Product halalness as referred to in paragraph (1), shall

include:

document validity examination; and

b. examination and/or testing of the Product halalness.

Article 69

(1) The examination as referred to in Article 68 paragraph (2) letter a shall be carried out by

examining the validity of the required documents as referred to in Article 59 paragraph (2).

(2) In the event of based on the audit results additional documents are required, LPH submits a

request for additional documents to the applicant with a copy to BPJPH.

(3) The applicant must submit additional documents as intended in paragraph (2) to LPH with a

copy to BPJPH within a maximum period of 5 (five) Days from the date the request for

additional documents is received.

(4) In the event of the applicant does not submit additional documents within the period as

referred to in paragraph (3), LPH states that the Halal Certificate application cannot be

processed further by submitting notification to the applicant.

Article 70

(1) The Product Examination as referred to in Article 68 paragraph (2) letter b shall be carried

out at the business location during the production process by face-to-face.

(2) In the implementing of Product examination at the business location by face-to-face as

referred to in paragraph (1), the applicant shall be obliged to provide information and data to

the Halal Auditor.

(3) In the event of an emergency condition in accordance with the provisions of legislation,

Product examination as referred to in paragraph (1) can be conducted online.– 23 –

Article 71

In the event of the Product examination result shall be contained Material whose its halalness is

doubtful, the Product examination as referred to in Article 68 paragraph (2) letter b can be

conducted by a testing in a laboratory.

Article 72

(1) The examination and/or testing of halalness for Product that is produced domestically shall

be carried out within a maximum period of 15 (fifteen) Days since the LPH determination

has been issued by BPJPH based on the applicant's choice as referred to in Article 67

paragraph (1).

(2) In the event of the time limit for examination and/or testing of the Product halalness as

referred to in paragraph (1) is exceeded, it can be extended for a maximum of 10 (ten) Days.

(3) The LPH shall report the time extension as referred to in paragraph (2) to BPJPH no later

than 3 (three) Days before the expiration period.

Article 73

(1) The examination and/or testing of halalness for Product that is produced overseas shall be

carried out within a maximum period of 15 (fifteen) Days since the LPH determination has

been issued by BPJPH.

(2) In the event of the time limit for examination and/or testing of the Product halalness as

referred to in paragraph (1) is exceeded, it can be extended for a maximum of 15 (fifteen)

Days.

(3) The LPH shall report the time extension as referred to in paragraph (2) to BPJPH no later

than 3 (three) Days before the expiration period.

Article 74

(1) In the event of the time limit for examination and/or testing of the Product halalness as

referred to in Article 72 paragraph (2) and Article 73 paragraph (2) is not fulfilled:

LPH shall submit the final report on the examination and/or testing result to BPJPH in

accordance with the existing conditions, and

b. The LPH shall be obliged to return the document and cost of examination and/or

testing of Product halalness to BPJPH

(2) The final report and return of documents as well as the cost of inspection and/or testing of

Product halalness as referred to in paragraph (1) shall be obliged to be submitted by LPH to

BPJPH within a maximum period of 3 (three) Days from the deadline for the inspection

and/or testing of the Product halalness.

(3) BPJPH shall determine a replacement LPH to carry out the examination and/or testing.

(4) All financing for LPH replacement as referred to in paragraph (3) shall be borne to the

previous LPH.– 24 –

(5) The procedure for submitting the final report, the return documents, and cost of examination

and/or testing of Product halalness, as well as the mechanism for replacing LPH shall be

regulated in BPJPH regulation.

(6) LPH that fails to fulfill the time limit set in the halal certification process as referred to in

paragraph (1) will be evaluated and/or subject to administrative sanctions.

Article 75

(1) LPH shall submit the results of the examination and/or testing of the Product halalness to

MUI with a copy sent to BPJPH

(2) The examination and/or testing result as referred to in paragraph (1) includes:

name and type of Product;

b. Products and Materials that are used;

PPH;

d. analysis results and/or Material specifications;

examination report; and

recommendation.

(3) In the event of the result of examination and/or testing of the Product halalness is not in

accordance with BPJPH standards, BPJPH shall convey consideration to MUI to issue a

fatwa.

Fifth Part

Determination of Product Halalness

Article76

(1) Determination of Product halalness shall be carried out by MUI through the MUI halal fatwa

meeting.

(2) The MUI halal fatwa meeting as referred to in paragraph (1) can be carried out by the

Central MUI, Provincial MUI, Regency/Municipal MUI, or the Aceh Ulama Consultative

Council.

(3) The result of Product halalness determination shall be in the form of determination of

Product halalness or determination of non-Product halalness.

Article 77

(1) Determination of Product halalness as referred to in Article 76 shall be submitted to BPJPH

no later than 3 (three) Days after the examination result of document completeness from

LPH is received by MUI.

(2) In the event of MUI does not submit the Product halal determination as referred to in

paragraph (1) it can be extended for a maximum of 3 (three) Days by submitting a written

reason to BPJPH.– 25 –

(3) In the event of the time period as referred to in paragraph (2) has passed, BPJPh will notify

the applicant in writing of the application status of Product halalness determination to the

applicant.

Sixth Part

The Issuance of Halal Certificate

Article 78

(1) BPJPH shall issue a Halal Certificate that is valid for 4 (four) years.

(2) The Issuance of Halal Certificate by BPJPH shall be carried out within a maximum period of

1 (one) Day since the decision of Product halalness determination from MUI is received by

BPJPH.

(3) In the event of MUI determines non-halalness of the Product, BPJPH shall issue a certificate

of non-halal within a maximum period of 1 (one) Day since the decision of Product non

halalness determination from MUI is received by BPJPH.

Seventh Part

Halal Certification for the Small and Micro Business Actors

Article 79

(1) The obligation to be halal certified for micro and small Business Actors shall be based on a

statement from micro and small Business Actors.

(2) Micro and small Business Actors as referred to in paragraph (1) shall be productive

businesses that have net assets or have annual sales result in accordance with the provisions

of legislations with the following criteria:

The Product is not at risk or uses Material that has been confirmed its halalness; and

b. The production process that shall be confirmed its halalness and simple.

(3) The statement of micro and small Business Actors as referred to in paragraph (1) shall be

carried out based on the halal standard that is determined by BPJPH.

(4) The halal standard as referred to in paragraph (3) at least consists of:

there is a statement by the business actor in the form of a contract/pledge which

contains:

1. the halalness of the products and Materials that are used; and

2. PPH.

b. there is a PPH assistance.

(5) The statement of Business Actors as referred to in paragraph (4) letter a shall be submitted to

BPJPH for being forwarded to MUI.

(6) After receiving the documents from BPJPH as referred to in paragraph 5, MUI shall

organize a halal fatwa session to determine the Product halalness.– 26 –

(7) BPJPH shall issue a Halal Certificate based on a written halal fatwa as referred to in

paragraph (6).

(8) The criteria of micro and small Business Actors as referred to in paragraph (2) shall be

regulated in the BPJPH Regulation.

Article 80

(1) The PPH assistance as referred to in Article 79 paragraph (4) letter b shall be carried out by

the Islamic community organizations or Islamic religious institutions that are legal entities

and/or universities.

(2) The PPH assistance as referred to in paragraph (1) can also be carried out by the government

agencies or business entities as long as they are partners with the Islamic organizations or

Islamic religious institutions that are legal entities and/or universities.

(3) The PPH assistance as referred to in paragraph (1) shall conduct verification and validation

the statement of halalness by the Business Actors.

(4) The implementation of PPH assistance as referred to in paragraph (3) shall be regulated in

the BPJPH Regulation.

Article 81

(1) In the event of the Halal Certificate application is submitted by the Business Actorfor micro

and small Business Actors as referred to in Article 79 shall be free of charge by considering

the state's financial capacity.

(2) The criteria and procedures of micro and small Business Actors as referred to in paragraph

(1) shall be regulated in the BPJPH Regulation.

Eighth Part

The Extension of Halal Certificate

Article 82

(1) BPJPH shall issue a Halal Certificate extension, unless there is a change in the composition

of the Material.

(2) The Halal Certificate shall be obliged to be extended by Business Actors by applying for an

extension of the Halal Certificate not later than 3 (three) months before the expiration of

Halal Certificate.

(3) An extension of the Halal Certificate as referred to in paragraph (2) shall be submitted by

Business Actors in writing in Indonesian language to BPJPH.

Article 83

(1) An application of Halal Certificate extension as referred to in Article 82 paragraph (2) shall

be completed with the documents:– 27 –

copy of Halal Certificate; and

b. a statement letter explaining that the registered Product has not undergone a change in

PPH and the Material composition which is affixed with a stamp duty in accordance

with the legislation.

(2) In the event of Business Actors fulfill the requirements as referred to in paragraph (1)

BPJPH can immediately issue an extension of the Halal Certificate.

Article 84

(1) In the event of a change in the composition of the Material in the Product, the Business

Actor shall be obliged to report it to BPJPH.

(2) The report as referred to in paragraph (1) shall attach:

the document of Material composition change; and

b. the document of halalness for the modified Material.

(3) In the event of the modified Material does not have the document of halalness as referred to

in paragraph (2) letter b, the Business Actor shall apply a Product Halal Certificate to

BPJPH.

Ninth Part

Halal Certification Fees

Article 85

(1) The halal certification fee shall be borne by the Business Actor who apply for a Halal

Certificate.

(2) The halal certification fee that shall be borne by the Business Actor as referred to in

paragraph (1) shall be obligated to be efficient and affordable.

(3) Determination of the amount or nominal fee of halal certification shall be proposed by the

Minister to the minister who carries out government affairs in the financial sector in

accordance with the provisions of legislations.

(4) In the event of determining the amount or nominal value of the halal certification fee as

referred to in paragraph (3) for the component of examination and/or testing cost that is

conducted by LPH, can be regulated in a Decree of the Head of the Agency.

(5) In the event of the halal certification application shall not be continued due to the applicant’s

negligence, the fee that has been paid cannot be refunded.

(6) The payment procedure of halal certification fee shall be regulated in the BPJPH Regulation.

Article 86

In the event of the application for Halal Certification is applied by the micro and small Business

Actor as referred to in Article 81 paragraph (1), the financing can be carried out with:

regional revenue and expenditure budget;

b. alternative financing for micro and small businesses;– 28 –

financing from partnership funds;

d. grant assistance from the government or other institutions;

revolving fund; or

another sources that are legal and not binding.

CHAPTER VII

HALAL LABEL AND NON-HALAL INFORMATION

First Part

Halal Label

Article 87

(1) The Business Actor shall be obliged to include a Halal Label on the Product that has

received a Halal Certificate.

(2) Halal label can be included during the process of Halal Certificate extension

Article 88

BPJPH shall determine the Halal Label which is valid nationally.

Article 89

(1) Halal label contains at least:

logo; and

b. certificate number or registration number.

(2) The logo as referred to in paragraph (1) letter a contains an image, a writing or a

combination from image and writing.

Article 90

The logo in the halal label as referred to in Article 89 paragraph (1) letter a shall be a form of a

decision and/or an action that is determined and/or carried out by BPJPH.

Second Part

Inclusion of Halal Label

Article 91

(1) Halal label as referred to in Article 87 shall be attached on:

Product packaging;– 29 –

b. a certain parts of the Product; and/or

a certain area on the Product.

(2) Inclusion of Halal Label as referred to in paragraph (1) shall be obliged to be visible and

readable, and shall not be easily wiped, removed, and tampered by observing the provisions

of the legislations.

(3) Inclusion of halal label as referred to in paragraph (2) shall be excepted for:

Products whose packaging is too small, so it is impossible to include all the

information;

b. Products that are sold and packaged directly in front of buyers in small quantities; and

Products that are sold in bulk.

(4) In the event of the enforcement of halal label as referred to in paragraph (3), it shall be

proven by a Halal Certificate document.

Third Part

Non Halal Information

Article 92

(1) Business actors that produce Products from Materials that are originated from prohibited

Materials shall be obliged to include non-halal information.

(2) Non-halal information as referred to in paragraph (1) can be in the form of pictures, signs

and/or writing that shall be attached on:

Product packaging;

d. a certain part of the Product; and / or

a certain area on the Product.

Article 93

Products that are originated from prohibited Materials shall be obliged to include non-halal

information in the form of pictures, writing, and/or the Material names in different color in the

composition of Materials.

Article 94

Inclusion of non-halal information as referred to in Article 92 and Article 93 shall be obliged to be

visible and readable as well as not be easily wiped, removed and tampered by observing the

provisions of legislations.– 30 –

CHAPTER VIII

HALAL PRODUCT ASSURANCE SUPERVISION

First Part

General

Article 95

(1) BPJPH shall conduct supervision against JPH

(2) Supervision against JPH, as referred to in paragraph (1) shall be carried out against:

LPH;

b. the validity period of Halal Certificate;

Product halalness;

d. the inclusion of Halal Label;

the inclusion of non-halal information;

separation of location, area, and equipment of slaughter, processing, storage,

packaging, distribution, sale as well as presentation of Halal and non-halal Products;

g. the presence of Halal Supervisor; and/or

h. other activities related to JPH

(3) Related ministries, related agencies and/or provincial/regency/city regional governments

shall be coordinated and cooperated with BPJPH in implementing JPH supervision in

accordance with their duties and functions.

(4) Coordination and cooperation in the implementation of JPH supervision as referred to in

paragraph (3) shall be followed up through the preparation of a strategic program for JPH

Supervision.

(5) Supervision against JPH can be carried out by BPJPH, related ministries, related agencies,

and/or regional governments of provincial/regency/city in accordance with their duties and

functions individually or collectively.

Article 96

(1) BPJPH, related ministries, related agencies, and/or regional governments of

provincial/regency/city in carrying out JPH supervision can include related parties.

(2) The related parties as referred to in paragraph (1) can act to provide inputs, considerations

or other activities that shall be aimed to support JPH supervision activities.

Article 97

(1) The JPH supervision shall be carried out by the JPH Supervisor at BPJPH, related

ministries, related agencies, and/or regional governments of provincial/regency/city.

(2) The JPH supervisor as referred to in paragraph (1) shall be appointed by authorized officials

at BPJPH, related ministries, related agencies, and/or the regional government of

provincial/regency/city in accordance with the provisions of the legislations.– 31 –

Article 98

(1) The JPH supervisor who is appointed by an authorized official as referred to in Article 97

paragraph (2) shall be obliged to fulfill the requirements:

Moslem;

b. state civil apparatus that is assigned on the working units that have tasks and functions

in the field of supervision;

having education at least a bachelor's degree;

d. understanding and having broad insight into the Product halalness according to

Islamic law; and

passing of the JPH Supervisor training.

(2) The JPH supervisor as referred to paragraph (1) in carrying out supervision shall be obliged

to be equipped with a letter of assignment and an ID card.

(3) The JPH supervisor as referred to in paragraph (1) shall be obliged to maintain the

confidentiality of the supervision results.

(4) Provisions regarding the appointment of JPH Supervisor as referred to in paragraph (1)

shall be regulated in a Ministerial Regulation.

Second Part

Halal Product Assurance Supervisor Training

Article 99

(1) The JPH Supervisor Training as referred to in Article 98 paragraph (1) letter e shall be

organized by BPJPH and/or related ministries, related agencies, regional governments of

provincial/regency/city in accordance with the provisions of legislation.

(2) BPJPH in conducting JPH Supervisor training as referred to in paragraph (1) can collaborate

with working units that have tasks and functions in the education and training sector within

the ministry that administers government affairs in the religious sector.

(3) Relevant ministries/institutions, provincial/regency/city regional governments as referred to

in paragraph (1) can carry out JPH Supervisor training after coordinating with BPJPH.

(4) Coordination of BPJPH with related ministries, related agencies, regional governments of

provincial/regency/city as referred to in paragraph (3) at least includes:

the systems and training procedures; and

b. provision of training teaching staff for JPH Supervisors.

(5) The organization of JPH Supervisor training as referred to in paragraph (1), shall be

regulated in the BPJPH Regulation.

Article 100

(1) The JPH Supervisor training curriculum shall be prepared and stipulated by the Head of the

Agency.

(2) The JPH Supervisor training curriculum as referred to in paragraph (1) shall contain at least:– 32 –

insight into the product halalness according to the Islamic law; and

b. cognizance of JPH supervisory oversight.

Article 101

(1) The JPH Supervisor training participant who is declared to pass shall be entitled to obtain a

JPH Supervisory training pass certificate.

(2) The graduation certificate as referred to in paragraph (1) shall be signed by the head of the

training provider institution.

Article 102

(1) In the event of BPJPH, related ministries, related agencies and/or regional government of

provincial/regency/city haven’t had JPH Supervisors that fulfill the requirements as referred

to in Article 98 paragraph (1) letter b, BPJPH, related ministries/agencies and/or regional

government of provincial/regency/city can assign the state civil apparatus at their respective

areas to conduct JPH supervision.

(2) The state civil apparatus as referred to in paragraph (1) shall be obliged to be proposed to

attend JPH Supervisor training within 1 (one) year from the time of assignment.

Third Part

Type and Phase of Halal Product Assurance Supervision

Article 103

(1) JPH supervision shall be carried out periodically and/or at any time.

(2) JPH supervision periodically as referred to in paragraph (1) shall be implemented 1 (one)

time in 6 (six) months.

(3) In the event of JPH supervision is carried out periodically, the working unit which has the

duties and functions in the field of supervision as referred to in paragraph (2) shall prepare a

working plan by taking into account the conditions for organizing of JPH.

(4) JPH supervision at any time as referred to in paragraph (1) shall be carried out according to

the need and/or in the event of an alleged violation of the provisions of the legislation.– 33 –

CHAPTER IX

COOPERATION IN ORGANIZING OF HALAL PRODUCT ASSURANCE

First Part

General

Article 104

(1) In carrying out the authority as referred to in Article 5, BPJPH shall cooperate with:

related ministries and/or agencies

b. LPH; and

MUI

(2) Related ministries as referred to in paragraph (1) letter a shall include the ministries that

organize the governmental affairs in the field of:

industry;

b. trade;

health;

d. agriculture;

cooperatives and small and medium scale enterprises;

home affairs;

g. foreign affairs; and

h. others that is related with the organization of JPH.

(3) Related agencies as referred to in paragraph (1) letter a shall include non-ministerial

government agencies or non-structural agencies that organize governmental affairs in the

field of:

drug and food control;

b. standardization and conformity assessment;

accreditation; and

d. others related to the organization of JPH.

Second Part

Cooperation of the Halal Product Assurance Organizing Agency

with the Related Ministries

Article 105

(1) The cooperation between BPJPH and the ministry that organizes government affairs in the

field of industrial as referred to in Article 104 paragraph (2) letter a with the following

scope:

regulation, assisting, and supervision of industries related to raw materials, processed

materials, additives and processing aid materials that are used to produce Halal

Products;

b. JPH facilitation for small and medium industries;– 34 –

establishment of a halal industrial area; and

d. other duties related to organizing JPH according to their respective duties and

functions.

(2) The ministry that organizes government affairs in the field of industrial in the formulation

and determination of policies with the scope as referred to in paragraph (1) shall involve

BPJPH.

Article 106

(1) Cooperation between BPJPH and the ministry that organizes government affairs in the field

of trade as referred to in Article 106 paragraph (2) letter b with the following scope:

guidance to Business Actors and the public;

b. supervision of Halal Products that is distributed in the market;

facilitation of JPH implementation for Business Actors in the field of trade;

d. expansion of market access for Halal Products;

withdrawal of the product from distribution; and

other duties related to organizing JPH according to their respective duties and

functions.

(3) The ministry that organizes government affairs in the field of trade in the formulation and

determination of policies with the scope as referred to in paragraph (1) shall involve BPJPH.

Article 107

(1) Cooperation between BPJPH and the ministry that organizes government affairs in the field

of health as referred to in Article 104 paragraph (2) letter c with the following scope:

supervision of Halal Certificates and Halal Labels for medical devices and household

health supplies;

b. facilitation of halal certification for medical devices and household health supplies;

recommendation for revocation of Halal Certificate and Halal Label for medical

devices and household health supplies; and

d. other duties related to organizes JPH according to their respective duties and

functions.

(2) The ministry that organizes government affairs in the field of health in the formulation and

determination of policies with the scope as referred to in paragraph (1) shall involve BPJPH.

Article 108

(1) The cooperation between BPJPH and the ministry that organizes government affairs in the

field of agricultural as referred to in Article 104 paragraph (2) letter d with the following

scope:

socialization, education, and publication of Halal Products;

b. determination of requirements for animal/poultry slaughterhouses and slaughtering

units;

determination of guidelines for animal/poultry slaughtering;– 35 –

d. handling of animal meat and its by-products;

JPH facilitation for animal/poultry slaughterhouses and slaughtering units;

determination of veterinary control certification guidelines for food business units of

animal origin, quality assurance system, and food safety of agricultural products; and

g. other duties related to organizing JPH according to their respective duties and

functions.

(2) The ministry that organizes government affairs in the agricultural sector in the formulation

and determination of policies with the scope as referred to in paragraph (1) shall involve

BPJPH.

Article 109

(1) The cooperation between BPJPH and the ministry that organizes government affairs in the

field of cooperatives and small and medium enterprises as referred to in Article 104

paragraph (2) letter e shall include:

socialization and assistance of Product halalness certification for cooperatives and

micro, small, and medium Business Actors;

b. JPH facilitation for cooperatives and micro, small, and medium Business Actors;

data collection on cooperatives and micro, small, and medium Business Actors;

d. halal certification facilitation for micro and small Business Actors; and

other duties related to organizing JPH according to their respective duties and

functions.

(2) The ministry that organizes government affairs in the field of cooperatives and small and

medium enterprises in the formulation and determination of policies with the scope as

referred to in paragraph (1) shall involve BPJPH.

Article 110

(1) Cooperation between BPJPH and the ministry that organizes government affairs in the field

of domestic affairs as referred to in Article 104 paragraph (2) letter f with the following

scope:

socialization, education, and publication of Halal Products;

b. JPH facilitation for cooperatives and micro and small Business Actors;

JPH supervision;

d. JPH development; and

other duties related to organizing JPH according to their respective duties and

functions.

(2) The ministry which organizes government affairs in the field of domestic affairs in the

formulation and determination of policies with the scope as referred to in paragraph (1) shall

involve BPJPH.– 36 –

Article 111

(1) Cooperation between BPJPH and the ministry that organizes government affairs in the field

of foreign affairs as referred to in Article 104 paragraph (2) letter g with the following

scope:

facilitation of international cooperation;

b. promotion of Halal Products in overseas;

provision of information regarding foreign halal institutions; and

d. other duties related to organizing JPH according to their respective duties and

functions.

(2) The ministry that organizes government affairs in the field of foreign affairs in the

formulation and determination of policies with the scope as referred to in paragraph (1) shall

involve BPJPH.

Article 112

(1) Cooperation between BPJPH and the ministries that organize government affairs in other

fields related to organizing JPH as referred to in Article 104 paragraph (2) letter h with the

following scope:

socialization, education, and publication of Halal Products; and

b. other duties related to organizing JPH according to their respective duties and

functions.

(2) The ministries that organize government affairs in other fields related to organizing JPH in

the formulation and determination of policies with the scope as referred to in paragraph (1)

shall involve BPJPH.

Third Part

The Cooperation of the Product Halal Assurance Organizing Agency

with Related Agencies

Article 113

(1) Collaboration between BPJPH and the non-ministerial government agencies that organizes

government affairs in the field of food and drug control as referred to in Article 104

paragraph (3) letter a with the following scope:

halal certification for medicines, traditional medicines, cosmetics, health supplements,

quasi drugs, processed food, food additives, and food processing aids through an

integrated system with product registration;

b. supervision of Halal Products in the form of medicines, traditional medicines,

cosmetics, health supplements, quasi drugs, processed food, food additives, and food

processing aids in the distribution;– 37 –

revocation of Halal Certificate on medicines, traditional medicines, cosmetics, health

supplements, quasi drugs, processed food, food additives, and food processing aids in

the distribution;

d. withdrawal of goods from the distribution on medicines, traditional medicines,

cosmetics, health supplements, quasi drugs, processed food, food additives and food

processing aids;

JPH socialization, education, and publications in the form of on medicines, traditional

medicines, cosmetics, health supplements, quasi drugs, processed food, food additives

and food processing aids; and

other duties related to organizing JPH according to their respective duties and

functions.

(2) The non-ministerial government agency that organizes government tasks in the field of drug

and food control in the formulation and determination of policies with the scope as referred

to in paragraph (1) shall involve BPJPH.

Article 114

(1) Cooperation between BPJPH and the non-ministerial government agency that organizes

government affairs in the field of standardization and conformity assessment as referred to

in Article 104 paragraph (3) letter b with the following scope:

preparation of conformity assessment standards and schemes in accordance with the

provision of legislation; and

b. other duties related to organizing JPH according to their respective duties and

functions.

(2) The non-ministerial government agency that organizes government affairs in the field of

standardization and conformity assessment in the formulation and determination of policies

with the scope as referred to in paragraph (1) shall involve BPJPH.

Article 115

(1) Cooperation between BPJPH and the non-structural agency that carry out government

affairs in the field of accreditation as referred to in Article 104 paragraph (3) letter c with

the following scope:

preparation of norms, standards, procedures and criteria for LPH accreditation; and

b. other duties related to organizing JPH according to their respective duties and

functions.

(2) The non-structural government agency that organizes government affairs in the field of

accreditation in the formulation and determination of policies with the scope as referred to

in paragraph (1) shall involve BPJPH.

Article 116

(1) Cooperation between BPJPH and the non-ministerial government agencies or non-structural

agencies that organize government affairs in other fields related to organizing JPH as – 38 –

referred to in Article 104 paragraph (3) letter d with the following scope:

socialization, education, and publication of Halal Products; and

b. other duties related to organizing JPH according to their respective duties and

functions.

(2) The non-ministerial government agencies or non-structural agencies that organize

government affairs in other fields related to organizing JPH in the formulation and

determination of policies with the scope as referred to in paragraph (1) shall involve BPJPH.

Fourth Part

The Cooperation of the Product Halal Assurance Organizing Agency

with the Halal Examination Agency

Article 117

(1) The cooperation between BPJPH and LPH as referred to in Article 104 paragraph (1) letter

b includes:

examination and/or testing of the halalness of the Product, which is determined by

BPJPH; and

b. other duties related to organizing JPH according to their respective duties and

functions.

(2) The formulation and determination of cooperation policies with the scope as referred to in

paragraph (1) letter b shall be coordinated with BPJPH.

Fifth Part

The Cooperation of the Product Halal Assurance Organizing Agency

with the Indonesian Ulema Council

Article 118

(1) The cooperation between BPJPH and MUI as referred to in Article 104 paragraph (1) letter

c shall be carried out in terms of determining the Product halalness.

(2) Determination of Product halalness as referred to in paragraph (1) shall be issued by MUI in

the form of decision of to determine the halalness of the Product.

(3) The decision to determine the halalness of a Product shall remain valid as long as there is no

change in the Materials composition and the production process.– 39 –

Sixth Part

International Cooperation for Halal Product Assurance

Article 119

(1) The government can undertake the international cooperation in the JPH area.

(2) The international cooperation as referred to in paragraph (1) can take the form of:

JPH development;

b. Conformity Assessment; and/or

Halal Certificate recognition.

(3) International cooperation as referred to in paragraph (1) shall be conducted by BPJPH to

implement the coordination and consultation result between the Minister and the minister

who organizes the government affairs in the field of foreign affairs.

(4) The international cooperation as referred to in paragraph (1) shall be based on an agreement

between countries.

(5) The international cooperation as referred to in paragraph (1) shall be obliged to be

implemented in accordance with the policy of Indonesia’s foreign political, the national

legislations, and international laws and practices.

Article 120

(1) The international cooperation in the development of JPH as referred to in Article 119

paragraph (2) letter a, shall include:

technology development;

b. human resources; and

JPH facilities and infrastructure.

(2) BPJPH shall formulate and determine the policy of international cooperation in the

development of JPH with the scope as referred to in paragraph (1) based on the coordination

between the Minister and the minister that organize the government affairs in the field of

foreign affairs.

(3) The international cooperation in the development of JPH as referred to in paragraph (1)

shall be carried out by BPJPH with the government or other institutions in the local country.

Article 121

(1) The international cooperation in Conformity Assessment as referred to in Article 119

paragraph (2) letter b, shall include:

mutual recognition; and

b. mutual acceptance of Conformity Assessment results.

(2) The international cooperation in Conformity Assessment as referred to in paragraph (1)

shall be in the form of development of a scheme of mutual recognition and mutual

acceptance of the Conformity Assessment result.– 40 –

(3) The international cooperation in the form of Conformity Assessment as referred to in

paragraph (1) shall be carried out by BPJPH together with the non-structural agency that

organizes the government affairs in the field of accreditation with the local country

accreditation agencies.

Article 122

(1) The international cooperation in recognizing the Halal Certificate as referred to in Article

119 paragraph (2) letter c shall be a cooperation in mutual recognition of Halal Certificates.

(2) The international cooperation in the form of mutual recognition of Halal Certificates as

referred to in paragraph (1) shall be carried out with the foreign halal institutions that are

authorized to issue the Halal Certificate.

Article 123

(1) The Halal Certificate that is issued by the foreign halal institution as referred to in Article

122 can be accepted as fulfillment of Halal Certificate based on the reciprocal Halal

Certificate acceptance agreement.

(2) The acceptance agreement as referred to in paragraph (1) shall be conducted by BPJPH with

the foreign halal institution.

(3) The foreign halal institution as referred to in paragraph (2) shall be established by the

government or the Islamic religious institution recognized by the local country.

(4) The foreign halal institution as referred to in paragraph (3) shall be accredited by the

accreditation agency in the local country which has obtained recognition in a regional or

international accreditation cooperation organization.

(5) The accreditation agency in the local country as referred to in paragraph (4) shall be an

institution that has collaborated to develop a scheme of mutual recognition and mutual

acceptance of Conformity Assessment results as referred to in Article 121.

(6) The accreditation of foreign halal institutions by the accreditation agencies in the local

country as referred to in paragraph (4) shall be obliged in accordance with the Indonesian

halal standards that shall be determined by BPJPH.

Article 124

(1) In the event of there are no foreign halal institutions in the local country as referred to in

Article 123 paragraph (3), the Business Actor shall be obliged to carry out halal certification

as regulated in the provisions of this Government Regulation.

(2) In the event of there are no accreditation agencies as referred to in Article 123 paragraph

(4), the foreign halal institutions shall be accredited by the LPH Accreditation Team.

(3) The accreditation as referred to in paragraph (2) can collaborate with the non-structural

agency that organizes the government affairs in the field of accreditation.– 41 –

CHAPTER X

FOREIGN PRODUCT CERTIFICATION AND HALAL CERTIFICATE REGISTRATION

First Part

General

Article 125

Foreign products that enter Indonesia shall be obliged to be halal certified.

Second part

Foreign Product Halal Certification

Article 126

The applications of foreign Products halal certification shall be submitted by the importer or their

official representatives.

Third Part

Foreign Halal Certificate Registration

Paragraph 1

General

Article 127

(1) Halal Products that their Halal Certificates are issued by foreign halal institutions which

have collaborated on mutually recognize of Halal Certificates with BPJPH as referred to in

Article 123 shall not need to apply for Halal Certificates.

(2) Halal certificates for categories of raw materials, additives, processing aids and slaughtering

results as referred to in Article 122 that are issued by foreign halal institutions that have

mutually recognized halal certificates with BPJPH shall be obliged to be registered before

the Products are distributed in Indonesia.

(3) In the event of the local country does not recognize its local foreign halal institutions, the

Product halal certification shall be carried out in Indonesia in accordance with the

provisions of the legislation.

(4) The procedure for implementing international cooperation in the JPH sector is regulated in

the BPJPH Regulation.– 42 –

Paragraph 2

Submission of Foreign Halal Certificate Registration Application

Article 128

The foreign Halal Certificate registration shall be submitted its application by each importers

and/or official representatives to BPJPH in writing by attaching:

The applicant data;

b. a copy of the foreign Halal Certificate of the relevant Product which has been

legalized by the Indonesian representative abroad;

a list of goods that will be imported into Indonesia, shall be completed with a code

number for the harmonization system; and

d. a statement letter that states the submitted document is accurate and valid.

Paragraph 3

Examination of Document Completeness of

Foreign Halal Certificate Registration Application

Article 129

(1) BPJPH shall examine the completeness of the foreign Halal Certificate registration

application documents as referred to in Article 128.

(2) In the event of the examination results of document completeness as referred to in paragraph

(1) haven’t yet completed, BPJPH shall deliver a request for additional documents to the

applicant.

(3) The applicant shall be obliged to submit additional documents to BPJPH within the

maximum period of 5 (five) Days from the time of receipt of the request for additional

documents.

(4) If the applicant didn’t submit additional documents as referred to in paragraph (3), the

application shall be denied.

Article 130

(1) BPJPH shall examine a validity of the documents of foreign Halal Certificates registration

application as referred to in Article 128 since they have been declared complete.

(2) In the event of the results of the document validity examination as referred to in paragraph

(1) have not been fulfilled, the applicant shall submit the original documents.

(3) In the event of the applicant does not submit the original documents as referred to in

paragraph (1) within the maximum period of 5 (five) Days, the application shall be denied.– 43 –

Paragraph 4

Foreign Certification Registration Fee

Article 131

(1) The Foreign Halal Certificate registration fee shall be borne by the applicant.

(2) The tariff for the Foreign Halal Certificate registration fee shall be determined in accordance

with the provisions of legislation.

Paragraph 5

Issuance of Foreign Halal Certificate Registration

Article 132

(1) BPJPH shall register foreign Halal Certificates that have fulfilled the requirements.

(2) The Halal Certificate that has been registered by BPJPH can be accepted as fulfillment of

Product Halal Certificate.

(3) The Foreign Halal Certificate registration shall be issued in accordance with the registration

that is carried out by the applicant based on the foreign Halal Certificate.

(4) Each importer and/or official representative who has obtained the registration as referred to

in paragraph (1) shall be obliged to attach the registration number adjacent to the Halal

Label on:

Product packaging;

b. a certain part of the Product; and / or

a certain area on the Product

Article 133

(1) Foreign Halal Certificate registration as referred to in Article 132 paragraph (1) contains at

least information regarding:

(1) the institution issuing Foreign Halal Certificate registration number;

(2) foreign Halal Certificate registration number;

(3) data of applicant;

(4) name of registered product;

(5) validity period of foreign Halal Certificate;

(6) signature of the Head of the Agency; and

(7) unique identity code.

(2) Foreign Halal Certification Registration as referred to in paragraph (1) shall be regulated in

the BPJPH Regulation.

Article 134

(1) The validity period of Foreign Halal Certificate registration shall be adjusted to the validity

period of the Halal Certificate issued by the foreign halal institution.– 44 –

(2) Foreign Halal Certificate Registration shall be obliged to be extended by Business Actors by

applying a renewal no later than 3 (three) months prior to the expiration of the Foreign Halal

Certificate registration validity period.

CHAPTER XI

PHASING OF HALAL CERTIFIED OBLIGATION FOR THE TYPES OF PRODUCTS

Article 135

(1) Products that shall be obliged to be halal certified consist of:

goods; and/or

b. services.

(2) Goods, as referred to in paragraph (1) letter a, shall cover:

food;

b. beverages;

medicines;

d. cosmetics;

chemical products;

biological products;

g. genetic engineering products; and

h. consumer goods that are worn, used, or utilized

(3) Services as referred to in paragraph (1) letter b shall cover business services that related to:

slaughtering;

b. processing;

storage;

d. packaging;

distribution;

sale; and

g. presentation.

Article 136

(1) Food, beverages, medicines, and cosmetics, as referred to in Article 135 paragraph (2)

letters a through d, each of its type shall be determined by the Minister after coordinating

with the relevant ministries and agencies, and MUI.

(2) The implementation of coordination, as referred to in paragraph (1), shall be facilitated by

BPJPH.

Article 137

Chemical, biological, and genetic engineering products as referred to in Article 135 paragraph

(2) letters e through g, and services as referred to in Article 135 paragraph (3) shall only be the

ones relevant with food, beverages, medicines, and cosmetics.– 45 –

Article 138

(1) Consumer goods that are worn, used, or utilized, as referred to in Article 135 paragraph

(2) letter h., shall only be the goods originated from and/or containing animal ingredients.

(2) The determination of the types of used goods which shall be obliged to be halal certified

shall be regulated in a Ministerial Decree after coordinating with the relevant ministries /

agencies.

(3) The coordination as referred to in paragraph (2) shall be facilitated by BPJPH.

Article 139

(1) The obligation of halal certified for the types of Products as referred to in Article 136 to

Article 137 shall be carried out in phases.

(2) The phases as referred to in paragraph (1) for the first time consist of:

food and beverages Products;

b. raw Material, food additives Material, and food processing aid Material for food

and beverages Products; and

slaughtering result and slaughtering services.

(3) Products other than as referred to in paragraph (2) shall be carried out at the next phase.

(4) Products phase as referred to in paragraph (2) shall not be applied for:

Products that their halal obligations have been determined in the legislations;

b. Products have been halal certified before the Law Number 33 Year 2014

concerning Halal Product Assurance takes effect; and

Products that have been certified halal since the enactment of the Law Number 33

Year 2014 concerning Halal Product Assurance until the promulgation of this

Government Regulation.

Article 140

Phasing of the halal certified obligation for Products of food, beverages, slaughtering products,

and slaughtering services as referred to in Article 139 paragraph (2) letter a and letter c starting

from 17 October 2019 to 17 October 2024.

Article 141

(1) Phasing of the halal certified obligation for Product other than as referred to in Article

139 paragraph (2), shall include:

traditional medicine, quasi drugs, and health supplements starting from 17 October

2021 to 17 October 2026;

b. over-the-counter and restricted over-the counter medicine starting from October 17,

2021 to October 17, 2029;– 46 –

prescription drugs, except psychotropic starting from October 17, 2021 to October

17, 2034;

d. cosmetics, chemical products, and genetic engineering products starting from 17

October 2021 to 17 October 2026;

associated goods worn in the category of clothing, head covering, and accessories

starting from October 17, 2021 to October 17, 2026;

associated goods used in the category of household medical supplies, household

equipment, Muslims praying attributes, stationery and office supplies starting from

17 October 2021 to 17 October 2026;

g. associated goods utilized in the category of risk-A class medical devices in

accordance with the provisions of legislation, starting from the date 17 October

2021 to 17 October 2026;

h. associated goods utilized in the category of risk-B class medical devices in

accordance with the provisions of legislation, starting from the date 17 October

2021 to 17 October 2029;

associated goods utilized in the category of risk-C class medical devices in

accordance with the provisions of legislation, starting from the date 17 October

2021 to 17 October 2034; and

Products in the form of medicines, biological products, and medical devices whose

raw materials have not been sourced from halal materials and/or the production

method hasn’t been halal, shall be carried out in accordance with the provisions of

legislation.

(2) The phasing of obligation to be halal certified for service products related to the Products

as referred to in paragraph (1) letter a, letter b, letter c, letter d, and letter f shall be started

based on the provisions on the timeline of the phases of the respective Product.

(3) Business Actors can apply for Halal Certificates for Products other than food, beverages,

slaughtering products, and slaughtering services before the phases period as referred to in

paragraph (1).

Article 142

(1) Products in the form of medicines, biological products, and medical devices that will be

subject to halal certification shall be obliged to fulfill the requirements of safety, usefulness

and quality requirements in accordance with the provisions of legislation.].

(2) In the event of medicinal products, biological products, and medical devices whose raw

materials have not been sourced from halal Materials and/or the manufacturing method has

not been halal yet, they can be distributed by including information on the Material origin

until a halal Material and/or its halal processing method shall be found.

(3) Medicinal products, biological products, and medical devices that will be subjected to halal

certification as referred to in paragraph (1), shall also be obliged to fulfill the halal

manufacturing method.

(4) Further provisions regarding medicinal Products, biological products and medical devices

whose raw Materials have not been sourced from halal Materials and/or the processing

method has not been halal yet as referred to in paragraph (2) and the provisions of fulfilling – 47 –

the halal manufacturing method as referred to in paragraph (3) shall be regulated by the

Presidential Regulation.

Article 143

During the implementation period of phasing for the types of Products that shall be obliged to be

halal certified:

BPJPH shall provide guidance to Business Actors who produce the Products that shall be

obliged to be halal certified; and

b. BPJPH shall collaborate with the other stakeholders and the public to create conditions that

encourage the improvement and development of the business climate in Indonesia.

CHAPTER XII

PUBLIC PARTICIPATION

First Part

General

Article 144

(1) The public can participate in organizing JPH.

(2) Public participation as referred to in paragraph (1) can be:

socialization and education about JPH;

b. assistance in PPH;

publication that the Product is under assistance;

d. marketing in networking of Islamic mass organizations with legal status; and

supervision of Halal Products in distribution.

(3) Supervision of Halal Products in distribution as referred to in paragraph (2) letter e shall be

in the form of complaints and reports to BPJPH.

Article 145

(1) Reporting to BPJPH as referred to in Article 144 paragraph (3) shall be set out in the report.

(2) The report as referred to in paragraph (1) can be submitted by:

individual Indonesian citizens;

b. public or private legal entities; or

public organization.

Article 146

BPJPH shall guarantee the confidentiality of the reporter and the reported identities, except for the

purpose of law enforcement in accordance with the provisions of legislation.– 48 –

Second Part

Granting Awards in the Organization of Halal Product Assurance

Article 147

(1) BPJPH can give awards to the public who have participated in organizing JPH.

(2) The award as referred to in paragraph (1) can be granted to:

individual Indonesian citizens;

b. public or private legal entities;

ministries, non-ministerial government agencies, non-structural agencies, provincial

/regency/city government;

d. educational institutions; or

public organization.

CHAPTER XIII

ELECTRONIC BASED SERVICE

Article 148

(1) The service system for organizing Halal Product Assurance shall use an integrated

electronic-based service.

(2) In the event of a disruption that causes electronic-based services is unable to be carried out,

so the service shall be carried out manually

CHAPTER XIVI

ADMINISTRATIVE SANCTIONS

First Part

General

Article 149

(1) Violation of the JPH organization shall be subjected to administrative sanctions.

(2) Administrative sanctions as referred to paragraph (1) that are subjected to Business Actors

shall be in the form of:

written warning;

b. administrative penalty;

revocation of Halal Certificate; and/or

d. withdrawal of goods from distribution.

(3) Administrative sanctions as referred to in paragraph (1) that are subjected to LPH shall be in

the form of:– 49 –

written warning;

b. administrative penalty; and/or

operational freeze.

(4) The imposition of administrative sanctions as referred to in paragraph (1) shall be carried

out in accordance to the level of committed violation.

(5) The imposition of administrative sanctions as referred to in paragraph (2) and paragraph (3)

can be given in stages, alternatives, and/or cumulatively.

(6) In the event of the determination of administrative penalty as referred to in paragraph (2)

letter b and paragraph (3) letter b, the maximum shall be Rp. 2,000,000,000.00 (two billion

rupiah).

Second Part

Types of Sanctions and Authority for Imposing Administrative Sanctions

Article 150

(1) BPJPH has the authority to impose administrative sanctions as referred to in Article 149

paragraph (2) against the Business Actors who violate Article 49, Article 65, Article 82

paragraph (2), Article 84 paragraph (1), Article 87 paragraph (1), Article 92 paragraph (1),

Article 93, Article 127 paragraph (2), Article 132 paragraph (4), Article 134 paragraph (2),

and Article 135 paragraph (1).

(2) Administrative sanctions as referred to in paragraph (1) in the form of written warnings

shall be imposed for violations of Article 49, Article 65, Article 82 paragraph (2), Article 84

paragraph (1), Article 87 paragraph (1), Article 92 paragraph (1), Article 93, Article 127

paragraph (2), Article 132 paragraph (4), Article 134 paragraph (2), and Article 135

paragraph (1).

(3) Administrative sanctions as referred to in paragraph (1) in the form of administrative

penalty shall be imposed for violations of Article 49, Article 65, Article 82 paragraph (2),

Article 84 paragraph (1), Article 87 paragraph (1), Article 127 paragraph (2), and Article

134 paragraph (2).

(4) Administrative sanctions as referred to in paragraph (1) in the form of revocation of Halal

Certificates shall be imposed for violations of Article 49, Article 65, Article 84 paragraph

(1), and Article 87 paragraph (1).

(5) Administrative sanctions as referred to paragraph (1) in the form of withdrawal goods from

distribution shall be imposed for violations of Article 65, Article 82 paragraph (2), Article

84 paragraph (1), Article 127 paragraph (2), Article 132 paragraph (4), Article 134

paragraph (2), and Article 135 paragraph (1).

Article 151

BPJPH has the authority to impose administrative sanctions as referred to in Article 149

paragraph (3) to LPH that violate Article 74. – 50 –

Third Part

The Procedure of Examination of Administrative Violation

Paragraph 1

General

Article 152

(1) The alleged administrative violations as referred to in Article 150 and Article 151 shall be

sourced from:

report; and/or

b. findings.

(2) BPJPH shall conduct review and examination of alleged administrative violations.

Paragraph 2

Report

Article 153

(1) The report on alleged administrative violation as referred to in Article 152 paragraph (1)

letter a can be submitted by:

individual of Indonesian citizens;

b. public or private legal entities; and

public organization.

(2) The report on the alleged administrative violation as referred to in paragraph (1) shall be

submitted to BPJPH.

(3) BPJPH shall guarantee the confidentiality of the reporter and the reported identities, except

for the purpose of law enforcement in accordance with the provisions of legislation.

Article 154

(1) The report on the alleged administrative violation as referred to in Article 153 shall at least

contain:

the reporter identity, including name, address, telephone number, facsimile, e-mail,

and position;

b. the name, address and contents of the complaint;

the obligations violated;

d. the time of offense;

chronology of events being complained of; and

additional information containing facts, data, or indications of a violation.

(2) The report on alleged administrative violations as referred to in paragraph (1) shall be

accompanied by preliminary evidence as support.– 51 –

Paragraph 3

Findings

Article 155

(1) The findings of alleged administrative violations as referred to in Article 154 paragraph (1)

letter b shall be set out in the form of the violation findings which shall at least contain:

the identity of the officer who found the alleged violation;

b. the identity of the party allegedly committed the violation; and

the description of alleged violation.

(2) The findings of alleged administrative violation as referred to in paragraph (1) shall be

submitted to BPJPH.

Paragraph 4

Review of Reports and/or Findings

Article 156

(1) BPJPH shall conduct review on reports and/or findings of alleged administrative violations.

(2) The review of reports and/or findings of alleged administrative violations as referred to in

paragraph (1) shall be carried out within a maximum period of 14 (fourteen) Days since the

report and/or findings have been submitted.

Article 157

(1) In carrying out the review of reports and/or findings of alleged administrative violations,

BPJPH can seek clarification and ask the reporter to complete any discrepancy in the report

and/or findings or preliminary evidence presented.

(2) If necessary, BPJPH can request information from other parties as long as it is related to the

report and/or findings.

Article 158

(1) In the event of the review of the report and/or findings of the alleged administrative

violation as referred to in Article 156 concludes that there is no alleged administrative

violation, BPJPH shall terminate the examination process.

(2) In the event of the review of the report and/or findings of the alleged administrative

violations as referred to in Article 156 concludes that there are allegations of administrative

violation, BPJPH shall conduct an investigation.– 52 –

Paragraph 5

Examination of Reports and/or Findings

Article 159

(1) BPJPH conducts examination of alleged administrative violations based on the review result

of the report and/or findings of alleged administrative violations.

(2) Examination of alleged administrative violations shall be carried out to find, investigate, and

assess the evidence of administrative violations.

(3) Examination of alleged administrative violations shall be carried out within a maximum

period of 10 (ten) Days since the initial review has been completed.

Article 160

(1) In the event of the alleged administrative violation has not proven, the Head of the Agency

shall rehabilitate the reputation of the reported party.

(2) In the event of the administrative violation happened, the reported party shall be found

guilty and subjected to administrative sanctions determined by the Head of the Agency.

Article 161

(1) The imposition of written warning sanction shall be in writing.

(2) In the event of the written warning sanction as referred to in paragraph (1) is not followed

up by the Business Actor within the period of 14 (fourteen) Days since its determination,

BPJPH shall impose administrative penalty and/or withdrawal of goods from distribution by

the Business Actor.

(3) The imposition of administrative penalty sanction shall be carried out in the form of

depositing a sum in payment to the state treasury

(4) The amount of administrative penalty as referred to in paragraph (1) shall be determined in

accordance with the provisions of legislation.

Article 162

(1) The withdrawal of goods from distribution by Business Actors shall be made within a

maximum period of 60 (sixty) Days since the sanction for withdrawal goods from

distribution is determined.

(2) The withdrawal of goods from distribution by Business Actors as referred to in paragraph

(1) shall be carried out by Business Actors under the supervision of BPJPH in coordination

with the relevant ministries/agencies in accordance with the provisions of legislation.

Article 163

The imposition of sanction of revocation of Halal Certificate shall be determined by the Head of

the Agency.– 53 –

Fourth Part

Filling of Objections to the Imposition of Administrative Sanctions

Paragraph 1

General

Article 164

(1) The Business Actor or LPH that is subjected to administrative sanctions can file objections

to the Head of the Agency.

(2) In the event of the objection that is submitted by a Business Actor as referred to in

paragraph (1) shall only be filled to the following administrative sanctions:

administrative penalty;

b. revocation of Halal Certificate; and/or

withdrawal of goods from distribution by the Business Actor.

(3) In the event of the objection that is submitted by an LPH as referred to in paragraph (1) shall

only be filled to the following administrative sanctions:

administrative penalty; and/or

b. operational suspension.

Article 165

(1) Submission of objections as referred to in Article 164 paragraph (2) or paragraph (3) shall

be set out in the form of an objection application which at least contains:

applicant's identity;

b. reasons for objection; and

the requested decision.

(2) Application for objection as referred to in paragraph (1) by attaching:

identity of Business Actor or LPH;

b. decree of the Head of the Agency regarding administrative sanctions; and

other evidence that supports the validity of the reasons for the objection.

(3) The objection as referred to in paragraph (2) shall be submitted within the maximum period

of 5 (five) Days since the administrative sanction is determined.

Paragraph 2

Following-up on the Filling of Objections

to the Imposition of Administrative Sanctions

Article 166

The Head of the Agency shall provide the answer to the objection as referred to in Article 164

within the maximum period of 5 (five) Days since the objection is received.– 54 –

Article 167

(1) In the event of the objection as referred to in Article 165 is accepted, the Head of the

Agency shall change or cancel the administrative sanction decision.

(2) In the event of the objection as referred to in Article 165 is denied, the Head of the Agency

shall notify the applicant along with the reasons for the denial.

Article 168

In the event of the applicant does not accept the decision on the objection as referred to in Article

169 paragraph (2), the applicant can file an administrative effort for the appeal in accordance with

the provisions of legislation.

CHAPTER XV

TRANSITIONAL PROVISIONS

Article 169

When this Government Regulation comes into effect:

all forms of cooperation with foreign halal institutions and accreditation agencies in other

countries that are carried out prior to the promulgation of this Government Regulation shall

remain in effect until the end of the cooperation period;

b. foreign Halal Certificate that is recognized by MUI prior to the promulgation of this

Government Regulation shall remain valid until the validity period of the foreign Halal

Certificate is ended;

the Halal Certificate that has been issued by MUI or BPJPH prior to the promulgation of

this Government Regulation shall remain valid until the validity period of the Halal

Certificate is ended;

d. the form of the halal logo determined by MUI prior to the promulgation of this Government

Regulation shall be able to be used for a maximum period of 5 (five) years since this

Government Regulation is promulgated;

Halal Auditors who have performed their duties prior to the promulgation of this

Government Regulation are still recognized as Halal Auditors as long as they have

appropriate qualifications and do not conflict with the provisions of this Government

Regulation;

the Halal Auditor certificate that has been issued prior to the promulgation of this

Government Regulation shall keep to be recognized and valid as the Halal Auditor

certificate;

g. the company Halal Supervisor that has existed prior to the promulgation of this Government

Regulation, shall keep to be recognized as Halal Supervisor and be obliged to comply with

the provisions of this Government Regulation no later than 2 (two) years since this

Government Regulation is promulgated;– 55 –

h. the halal assurance system documents that have existed prior to the promulgation of this

Government Regulation shall be declared to be recognized and obliged to comply with the

provisions of this Government Regulation within a maximum period of 3 (three) years since

this Government Regulation is promulgated;

in the event of the electronic-based service cannot be implemented by BPJPH, the service

shall be carried out manually, no later than 1 (one) year since this Government Regulation is

promulgated; and

the MUI’s Food, Drug and Cosmetics Assessment Institute and LPH which has existed prior

to the promulgation of this Government Regulation, shall keep to be recognized as LPH and

be obliged to comply with the provisions of this Government Regulation within a maximum

period of 1 (one) year since this Government Regulation is promulgated.

CHAPTER XVI

CLOSING PROVISIONS

Article 170

When this Government Regulation comes into force, all legislations which constitute the

implementing regulations of the Government Regulation Number 31 of 2Ol9 regarding the

Implementing Regulation of Law Number 33 Year 2Ol4 regarding the Halal Products Assurance

(State Gazette of the Republic of Indonesia Year 2Ol9 Number 88, Supplement to the State

Gazette of the Republic of Indonesia Number 63441 is declared still valid as long as it does not

conflict with this Government Regulation.

Article 171

When this Government Regulation comes into force, the Government Regulation Number 31 of

2019 regarding the Implementing Regulation of Law Number 33 of 2014 regarding Halal

Products Assurance (State Gazette of the Republic of Indonesia of 2019 Number 88, Supplement

to State Gazette of the Republic of Indonesia Number 6344) shall be revoked and declared

invalid.

Article 172

This Government Regulation shall enter into force on the date of its promulgation.

So that public is cognizant, orders the promulgation of this Government Regulation by inclusion

in the State Gazette of the Republic of Indonesia.– 56 –

Stipulated in Jakarta

on February 2, 2021

PRESIDENT OF THE REPUBLIC OF INDONESIA

signed

JOKO WIDODO

Promulgated in Jakarta

On February 2, 2021

MINISTER OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

signed

YASONNA H. LAOLY

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2021 NUMBER 49

Copy as the original

THE MINISTRY OF STATE SECRETARIATE

THE REPUBLIC OF INDONESIA

Deputy of the Legislation and Law Administration,

Signed and stamped

Lytha Silvanna Djaman– 57 –

EXPLANATION OF

THE GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA

NUMBER. 39 YEAR 2021

REGARDING

THE ORGANIZATION OF HALAL PRODUCT ASSURANCE

GENERAL

The constitution oftheRepublic ofIndonesia Year 1945mandatesthat the state assures

the freedom of every citizen to embrace their respective religion and to worship according

to their religion and their beliefs. In order to assure that every adherents of Islam worship

and carry out their religious teachings, the state is obliged to provide protection and

assurance regarding halal Products that are consumed and used by the public. However,

currently Products that are circulated in the public not all are assured their halalness.

The preparation of this Government Regulation is a delegation of Law Number 33

Year 2O14 regarding the Halal Product Assurance and Law Number 11 Year 2O2O

regarding Job Creation. This government regulation aims to provide legal certainty and

assurance for the community on the Product halalnesss that enter, circulate, and are traded

in the region of Indonesia.

The principal provisions of this Government Regulation among others about:

JPH organization by BPJPH;

b. separation of location, area, and equipment of PPH that are obliged to be separated

from the non-halal location, area, and processing equipment covers the slaughtering

process, processing, storing, packaging, distribution, selling, and presentation of

Products;

c. procedures for establishment, accreditation, scope of activities, and revocation of the

LPH establishment approval, as well as appointment and termination of the Halal

Auditor;

d. rights and obligations of Business Actors as well as procedures of determination,

assignment, and facilitation of Halal Supervisors;

e. procedures for submitting applications, extensions, and determination of Halal

Certificates by BPJPH;

f. easiness of halal certification for micro and small business actors who fulfill the halal

standards that are determined by BPJPH;

g. inclusion of Halal Label and non-halal information;

h. JPH supervision by BPJPH;

i. cooperation in the organization of JPH by BPJPH with ministries that carry out

government affairs in the fields of industry, trade, health, agriculture, cooperatives – 58 –

and small and medium enterprises, domestic affairs, foreign affairs, and non

ministerial government agencies or non-structural institutions that carry out

government tasks in the field of drug and food control, standardization and

conformity assessment, and accreditation as well as LPH and MUI;

j. Product certification and Halal Certificate registration for foreign Products; and

k. the types of products that are halal certified and the phases of halal certification for

the types of products after the enforcement of mandatory Halal certificates for

products that are distributed and traded in the territory of Indonesia.

II. ARTICLE BY ARTICLE

What is meant by "Non-halal product” is product that uses or contains material

derived from and/or contain pork, alcohol from khamr processing, animals that

are not slaughtered according to the Shari'a, and non-halal materials that are

determined based on the MUI fatwa.

What is meant by “other processes that affect food processing” include, among

other things, sampling equipment, test equipment in the business actor's internal

laboratory, and washing equipment.

Cooperation between Islamic religious institutions that are legal entities and

private universities under the auspices of legal Islamic religious institutions or

legal Islamic foundations with state-owned enterprises or the Food and Drug

Control Agency, among others, includes the availability of Halal Auditors,

laboratories, and/or functions of other LPH.

What is meant by "ulama" is a religious expert regarding product halal sharia

originating from a legal Islamic social organization.

Paragraph (6)

What is meant by "bachelor's degree (first degree) in the field of food"

includes graduates from food, food technology, agriculture, agricultural

technology, fisheries, animal husbandry, forestry, veterinary medicine and

nutrition.

What is meant by "bachelor degree (first degree) in biochemistry" is an

expert in the field of science who studies chemical processes that are present

in the body and which are related to living organisms.

What is meant by "culinary art" is a scientific discipline related to the art of

preparing, cooking and serving of ready to eat food. This knowledge

qualification can be obtained through other undergraduate levels.

What is meant by "JPH system" is an integrated system that is compiled, implemented

and maintained to regulate Materials, production processes, Products, resources, and

procedures in order to maintain the sustainability of PPH.

BPJPH regulations concerning PPH Assistance for micro and small Business

Actors include, such as: training of assistant, assistant mechanisms, and data

collection and registration of assistant.

Article 81

Paragraph (1)

Micro and small Business Actors who are free of charge shall be based on the

criteria and priorities that are set out in the Regulation of Agency.

BPJPH is a public service agency, so in determining service rates must follow

the applicable legislations. The determination of the halal certification fees for

the components of the examination and/or testing costs that are carried out by

LPH is based on the dynamics of JPH development and the complexity of the

examination and/or testing.

The minister who is in charge of government affairs in the financial sector can

delegate the determination of the cost components for the examination and/or

testing performed by LPH to BPJPH.

What is meant by "other sources that are legal and not binding" include, among

others, corporate social responsibility or business entities, zakat channels, infaq

and alms, or philanthropic schemes.

What is meant by "related institutions" are such as LPH, public accountants,

survey institutions, or non-governmental organizations engaged in consumer

protection.

The definition of "harmonized system code" is a numerical language in the

classification of Products or Product materials as an international standard for

reporting goods at customs and related agencies.

What is meant by "service" is any service and performance in the form of

work or work achieved, which is provided by one party to another party in

society to be utilized by consumers or business actors.

Paragraph (2)

Letter a

The term "food" includes processed food, food additives and food

processing aids.

Letter b

The term "drinks" includes processed food, food additives, and food

processing aids.

Letter c

The term "medicine" includes traditional medicines, health supplements

and quasi drugs.

What is meant by slaughtering services, for example, slaughterhouses or

poultry slaughterhouses, and the like.

Paragraph (3)

ADDITIONAL STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6651

that to implement the provisions of Article 48 and Article 185 of Law Number 11 of 2020 concerning Job Creation, it is necessary to stipulate a Government Regulation regarding the Organization of Halal Product Assurance;

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