Legal Review of the Contamination of Prohibited Substances in Certified Products: A Perspective of the Halal Product Assurance Law

Abstract

The issue of haram contamination in certified halal products has become a critical challenge for both regulators and industries in ensuring consumer trust and compliance with Islamic law. In Indonesia, the world’s largest Muslim-majority country, several cases of cross-contamination in food, cosmetics, and pharmaceuticals have revealed the vulnerability of the halal certification system and raised questions about the effectiveness of Law No. 33 of 2014 on Halal Product Assurance (UU JPH). This study examines the regulatory framework, institutional arrangements, and enforcement mechanisms in addressing contamination, while also comparing Indonesia’s system with Malaysia, Brunei Darussalam, and South Korea. Using a normative legal research approach supported by empirical data, the study integrates legal, economic, and socio-cultural perspectives. Findings show that Indonesia’s multi-actor model involving BPJPH, MUI, and Halal Inspection Bodies often results in overlapping authority and weak supervision capacity. Small and medium enterprises (SMEs) face significant challenges in meeting certification costs and technical requirements, making them more vulnerable to allegations of non-compliance. Moreover, existing sanctions remain largely administrative and fail to provide sufficient deterrence. Comparative analysis demonstrates that centralized authority (Malaysia), strong penal enforcement (Brunei), and international collaboration (South Korea) offer important lessons for Indonesia. This research contributes novelty by highlighting the interlegal dynamics of halal governance and proposing a reconstruction of the system through regulatory simplification, institutional consolidation, and risk-based supervision. Strengthening transparency and adopting digital traceability mechanisms are essential to enhance consumer trust and position Indonesia as a credible global halal hub.