ANALISIS MAṢLAHAH PADA KONSEP HALAL SELF-DECLARE SEBELUM DAN PASCAENACHTMENT UNDANG-UNDANG CIPTA KERJA

Abstract

Since the enactment of the Job Creation Law, several rules related to simplification of synchronization and regulation elimination in order to facilitate UMK business actors in licensing their business establishment, one of the rules which has caused pros and cons is related to halal self declare in contradiction to Law No. 33 of 2014 on Halal Product Guarantee. In this case, the author has reviewed the rules in the the Job Creation Law, reviewed from the implementation of maṣlahah. This research applied a normative legal approach with descriptive types of analytical/explanatory research. The results revealed that the concept of legal istinbath through maṣlahah approach related to halal self declare policy for UMK has been in line with the five goals of syar'i and in order to achieve maslahah (merits) and eliminate/reject mudharat (drawbacks). Hence in its application, the role of producers in protecting all Indonesians in choosing and consuming halal food and beverages, and the strong commitment of policy makers and related institutions need to be in line with the existing regulations in order for law to be effectively applied in the community.