SYARIAH : Jurnal Hukum dan Pemikiran Volume 24.
No.
December 2024 https://doi.
org/10.
18592/sjhp.
E-ISSN : 2549-001X
LEGAL FOUNDATIONS FOR INCLUSIVE HALAL
TOURISM IN WEST JAVA: BETWEEN
CONSTITUTIONAL PRINCIPLES AND
PRACTICAL CHALLENGES
Imron Hamzah, 2 Hisam Ahyani, 3 Naelul Azmi, 4 Indra Utama Tanjung.
Syrgio Antynio Neves Lousada 1,2,3 Institut Miftahul Huda Al Azhar.
Kota Banjar.
Indonesia 4 Universitas Pembangunan Panca Budi.
Kota Medan.
Indonesia 5 Syrgio Antynio Neves Lousada Universidade da Madeira.
Funchal.
Portugal Email: imronhamzah43@gmail.
com 1, hisamahyani@gmail.
com 2, azmibanjar92@gmail.
com 3, indratj@dosen.
id 4, slousada@staff.
Received 14-02-2.
Revised 19-05-2024, 23-07-2024, 18-08-2024, 08-09-2024 22-11-2024,18-12-2024, 02-01-2.
Accepted 17-02-2025 Abstrak: Industri pariwisata halal di Indonesia memiliki potensi pasar yang besar, dan untuk memastikan keberlanjutan serta perlindungan bagi konsumen dan pelaku usaha, regulasi yang kuat dan berbasis hukum sangat diperlukan.
Prinsip konstitusionalisme dan Rechtsstaat .
egara huku.
memainkan peran yang krusial dalam menciptakan kepastian hukum dan keadilan dalam sektor pariwisata halal.
Penelitian ini bertujuan untuk menganalisis penerapan kedua prinsip tersebut dalam Peraturan Daerah Kabupaten Bandung Nomor 6 Tahun 2020 tentang Pariwisata Halal, serta Pergub Provinsi Jawa Barat Nomor 1 Tahun 2022 tentang Pengembangan Ekonomi dan Keuangan Syariah.
Dengan menggunakan pendekatan kualitatif melalui studi pustaka dan wawancara dengan berbagai stakeholder, penelitian ini menemukan bahwa penerapan prinsip konstitusionalisme dan Rechtsstaat memberikan landasan hukum yang kokoh, yang tidak hanya menjamin kepastian hukum, tetapi juga mendukung pertumbuhan industri pariwisata halal.
Data terbaru menunjukkan bahwa pada tahun 2024.
Jawa Barat tercatat sebagai provinsi dengan jumlah produk halal terbanyak, yakni 684 produk halal, yang menjadi bukti bahwa regulasi yang kuat memainkan peran penting dalam pengembangan ekonomi halal.
Temuan ini menegaskan bahwa dengan regulasi yang jelas dan didasarkan pada hukum yang kuat.
Indonesia, khususnya Provinsi Jawa Barat, dapat memperkuat daya saing di pasar pariwisata halal global, sambil tetap konsisten dengan nilai-nilai konstitusional.
Penelitian ini diharapkan dapat memberikan kontribusi signifikan terhadap pengembangan kebijakan pariwisata halal yang lebih efektif dan Kata kunci: Konstitusionalisme.
Negara Hukum.
Regulasi Pariwisata Halal.
Pertumbuhan Industri Halal.
Keberlanjutan Ekonomi.
Hukum Ekonomi Islam.
Abstract: The halal tourism industry in Indonesia holds significant market potential, and to ensure sustainability and protection for both consumers and businesses, strong, legally grounded regulations are The principles of constitutionalism and Rechtsstaat .
he rule of la.
play a crucial role in establishing legal certainty and fairness within the halal tourism sector.
This study aims to analyze the implementation of these principles in the Bandung Regional Regulation No.
6 of 2020 on Halal Tourism, as well as the West Java Provincial Regulation No.
1 of 2022 on the Development of Sharia Economy and Finance.
Through a qualitative approach, utilizing literature review and insights from various stakeholders, this research finds that the application of constitutionalism and the principle of Rechtsstaat provides a solid legal foundation, not only ensuring legal certainty but also supporting the growth of the halal tourism industry.
Recent data reveals that in 2024.
West Java registered the highest number of halal-certified products, with 694,684 halal products, demonstrating that strong regulations play a critical role in the development of the halal economy.
These findings highlight that with clear regulations based on a robust legal framework.
Indonesia, particularly West Java, can strengthen its competitiveness in the global halal tourism market while remaining consistent with constitutional values.
This study is expected to contribute significantly to the development of more effective and sustainable halal tourism policies.
Key words: Constitutionalism.
Rechtsstaat.
Halal Tourism Regulation.
Halal Industry Growth.
Economic Sustainability.
Islamic Economic Law.
https://jurnal.
uin-antasari.
id/index.
php/syariah/article/view/15513 504 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
INTRODUCTION
The halal tourism industry in Indonesia holds significant potential, given that Indonesia is home to the worldAos largest Muslim population.
1 As global demand for halal tourism continues to grow.
Indonesia is becoming a key player in the international halal tourism market.
However, to support the growth of this sector, clear and strong regulations are essential.
Despite the implementation of key regulations, such as the Bandung Regency's Regional Regulation No.
6 of 2020 on Halal Tourism and the West Java Provincial Regulation No.
1 of 2022 on the Development of Shariah Economy and Finance, challenges persist in enforcement.
These challenges include insufficient supervision, poor integration between central and local government policies, and low compliance rates among SMEs in the tourism sector.
2 Additionally, conflicts between central and local authorities further complicate effective implementation.
These issues lead to the central research question: How can the application of constitutionalism and the Rechtsstaat principles improve the regulatory framework for halal tourism in Indonesia? Constitutionalism and the principle of Rechtsstaat .
ule of la.
are critical for creating legal frameworks that guarantee legal certainty, justice, and protection for all stakeholders, including business owners and consumers.
Constitutionalism focuses on the rule of law and individual rights, while Rechtsstaat ensures that governance is accountable, transparent, and based on legal principles.
4 Applying these principles to halal tourism regulations is vital for the sector's sustainable growth, aligning it with Shariah values, and protecting against potential regulatory misalignments.
This study aims to explore how constitutionalism and Rechtsstaat principles are applied in halal tourism regulations, specifically focusing on Regional Regulation No.
6 of 2020 in 1 Hossein G.
Olya dan Amr Al-ansi.
AuRisk assessment of halal products and services: Implication industry,Ay Tourism Management April 279Ae91, https://doi.
org/10.
1016/j.
Abdulahanaa.
AuA Review of Islamic Economic Law on Religious Tourism Arrangements in South Sulawesi,Ay Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 5, no.
Juni 2.
: 450Ae70, https://doi.
org/10.
22373/sjhk.
Harjoni Desky.
Beverly Thaver, dan Syamsul Rijal.
AuAnalysis of Tourist Satisfaction with Halal Tourism in Aceh,Ay Indonesian Journal of Halal Research 4, no.
Februari 2.
: 1Ae8, https://doi.
org/10.
15575/ijhar.
Dwi Kartikasari.
AuFinancial Performance: Sustainability.
Size.
Shariah, and Sector Effects in Muslim-Minority Stock Exchanges,Ay Journal of Islamic Monetary Economics and Finance 9, no.
Desember 2.
: 751Ae76, https://doi.
org/10.
21098/jimf.
Repelita.
Nuzul Iskandar, dan Mursal.
AuHalal Without Label:
Implementation of Maqasid Al-Shariah in Community-Based Tourism in Kerinci.
Indonesia,Ay Malaysian Journal of Syariah and Law 12, no.
April 2.
: 192Ae205, https://doi.
org/10.
33102/mjsl.
Suhri Hanafi dkk.
AuDeveloping Halal Tourism Based on Local Wisdom in Religious Area of Sis Aljufri,Ay Indonesian Journal Halal Research Agustus 98Ae109, https://doi.
org/10.
15575/ijhar.
2 Andi Nuzul.
AuThe Melting Pot of Legal Systems in Indonesia (Reading the Legal Politics of Indonesian Islamic La.
,Ay Old Website of Jurnal Mimbar Hukum 25, no.
: 327Ae37, https://doi.
org/10.
22146/jmh.
Uswatun Hasanah dan Bakhouya Driss.
AuThe Policy on Tourism MSMEs in Indonesia and Algeria: Sustainability and Challenges,Ay Journal of Human Rights.
Culture and Legal System 3, no.
November 2.
: 383Ae411, https://doi.
org/10.
53955/jhcls.
Muhaimin Muhaimin.
AuContemporary Legal Problems of Sharia Insurance Regulation in Indonesia,Ay Journal of Law and Sustainable Development 12, no.
Januari 2.
: e3147Aee3147, https://doi.
org/10.
55908/sdgs.
3 Sri Walny Rahayu dan Syahrizal Abbas.
AuA Synergy of Halal Tourism Regulations and Tourism Rights Protection in Aceh: Pentahelix Model,Ay Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 8, no.
Agustus 2.
: 1454Ae75, https://doi.
org/10.
22373/sjhk.
4 Hisam Ahyani.
Memet Slamet, dan Tobroni.
AuBuilding the Values of Rahmatan Lil AoAlamin for Indonesian Economic Development at 4.
0 Era from the Perspective of Philosophy and Islamic Economic Law,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 16, no.
Juni 2.
: 111Ae36, https://doi.
org/10.
19105/al-lhkam.
5 Afif Muamar dkk.
AuFamily and Creative Economy in Sunan Gunung Djati Religious Tourism Area.
Cirebon.
Indonesia,Ay El-Usrah: Jurnal Hukum Keluarga 7, no.
Juni 2.
: 1Ae18, https://doi.
org/10.
22373/ujhk.
SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
505 Bandung Regency and Provincial Regulation No.
1 of 2022 in West Java.
It will also examine the challenges faced in enforcing these regulations and assess their impact on the halal tourism industry's growth.
Using a qualitative approach, which includes a literature review and interviews with key stakeholders, this research will provide insights into how a strong legal framework can foster a business-friendly environment for halal tourism.
Key theoretical frameworks for this study include constitutionalism and the Rechtsstaat principle, particularly in the context of Shariah economic law and regional regulations.
7 Both principles are essential for creating a fair, transparent, and accountable legal system.
Their application in halal tourism regulations ensures that policies are just, protect the rights of consumers and business owners, and support the sustainable growth of the halal industry, which is increasingly competitive on a global scale.
The urgency of this research is evident as demand for halal tourism grows both domestically and internationally.
Indonesia has vast potential in this sector and needs robust, enforceable regulations.
This research will provide insights into the importance of applying solid legal principles to halal tourism regulations, helping Indonesia enhance its competitiveness in the global market.
What makes this research unique is its detailed analysis of constitutionalism and Rechtsstaat principles at the local level in Bandung Regency and West Java Province.
The study will present empirical evidence showing how regulations based on strong legal principles can contribute significantly to the growth of the halal industry.
For example, in 2024.
West Java reported 694,684 halal-certified products.
This research will contribute to developing more adaptive and sustainable halal tourism policies in Indonesia.
METHOD
This research employs a qualitative approach,11 with a case study design to examine the application of constitutionalism and Rechtsstaat principles in halal tourism regulations in four regions of West Java: Bandung Regency.
Bogor City.
Ciamis Regency, and Tasikmalaya Regency.
A qualitative approach is chosen because it allows for a deeper understanding of the phenomenon being studied, providing insights into how halal tourism regulations are implemented at both the local and provincial levels.
6 Yudha Trishananto dkk.
AuFormulating Policies for Halal Tourism in Indonesia Based on Islamic Law,Ay Ijtihad : Jurnal Wacana Hukum Islam Dan Kemanusiaan 24, no.
Juli 2.
: 47Ae70, https://doi.
org/10.
18326/ijtihad.
7 Kusnan.
Muhammad Damar Hulan bin Osman, dan Khalilurrahman.
AuMaqashid Al Shariah in Economic Development: Theoretical Review of Muhammad Umer ChapraAos Thoughts,Ay Millah: Journal of Religious Studies, 24 Juli 2022, 583Ae612, https://doi.
org/10.
20885/millah.
Kartikasari.
AuFinancial PerformanceAy.
Ahyani.
AuIntegrating Shariah Principles in Modern Family and Economic Life for Social Well-Being and Justice,Ay Jurnal Munakahat 1, no.
Desember 2.
: 79Ae89.
8 Adi Nur Rohman dkk.
AuEnhancing Economic Security through Sharia Fintech Regulation in Indonesia: Strengthening the Sharia Business Ecosystem,Ay Fiat Justisia: Jurnal Ilmu Hukum 17, no.
September 2.
: 237Ae60, https://doi.
org/10.
25041/fiatjustisia.
Ending Solehudin.
Miftakhul Huda, dan Hisam Ahyani.
AuTransformation of Shariah Economic Justice: Ethical and Utility Perspectives in the Framework of Maqashid Shariah,Ay Al-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan 24, no.
Juni 2.
: 103Ae19, https://doi.
org/10.
30631/alrisalah.
9 Hatoli Hatoli.
AuHalal Certification of the Indonesian Ulema Council on Electronic and NonConsumer Products from the Maslahah Perspective,Ay Journal of Islamic Law 1, no.
Agustus 2.
: 237Ae 55, https://doi.
org/10.
24260/jil.
10 Slamet.
Irwan Abdullah, dan Nur Quma Laila.
AuThe contestation of the meaning of halal tourism,Ay Heliyon 8, no.
Maret 2.
: e09098, https://doi.
org/10.
1016/j.
Adam Muhammad Ardo dkk.
AuThe Legal Framework of Waqf and Its Role in Modern Economic Development in Nigeria,Ay Ahlika: Jurnal Hukum Keluarga dan Hukum Islam 1, no.
: 162Ae78.
11 Joseph A.
Maxwell.
Qualitative Research Design: An Interactive Approach (SAGE Publications, 2.
John W.
Creswell.
Research Design: Qualitative.
Quantitative, and Mixed Methods Approaches (SAGE, 2.
506 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
The research subjects consist of various stakeholders directly involved in halal tourism 12 These include local government officials, halal tourism destination managers, business operators in the halal tourism sector, and consumers utilizing halal tourism services.
Key informants are selected based on their direct involvement in the development, implementation, and monitoring of halal tourism policies in Bandung Regency.
Bogor City.
Ciamis Regency, and Tasikmalaya Regency.
Informants are chosen for their specific knowledge, expertise, and experience with halal tourism regulations.
The study aims to gather diverse perspectives from individuals actively engaged in or impacted by these regulations, providing comprehensive data regarding the application of constitutionalism and Rechtsstaat principles.
Data collection is carried out using two main techniques: literature review and semistructured interviews.
The literature review is conducted to explore relevant theories on constitutionalism.
Rechtsstaat, and halal tourism regulations.
13 It includes an analysis of policy documents such as Regional Regulation No.
6 of 2020 on Halal Tourism in Bandung Regency and Provincial Regulation No.
1 of 2022 on the Development of Shariah Economy and Finance in West Java.
Semi-structured interviews are used to obtain in-depth insights from informants regarding the challenges and successes of implementing these 14 These interviews are conducted with 12 stakeholders, including 6 local government officials, 3 business operators, and 3 scholars.
These informants were selected based on their active roles and involvement in halal tourism regulation and policy development in the region.
This study focuses on Bandung Regency.
Bogor City.
Ciamis Regency, and Tasikmalaya Regency as the geographical areas of the case study.
These locations were chosen because of their significant role in the development of halal tourism in Indonesia, and their regulatory frameworks provide a rich context for analysis.
The study was conducted over a period of two months, from March to May 2024.
Data were collected directly in the field through interviews and by reviewing relevant policy documents.
addition, the researcher observed several halal tourism destinations in Bandung Regency.
Bogor City.
Ciamis Regency, and Tasikmalaya Regency to better understand the practical implementation of the regulations.
12 Deden Effendi dkk.
AuPreparing Halal Tourism Regulations in Indonesia,Ay International Journal of Religious Tourism and Pilgrimage 9, no.
April 2.
, https://doi.
org/10.
21427/gt5w-sy51.
Lukman Santoso.
Agus Triyanta, dan Jawahir Thontowi.
AuHalal Tourism Regulations in Indonesia: Trends and Dynamics in the Digital Era,Ay Ijtihad : Jurnal Wacana Hukum Islam Dan Kemanusiaan 22, no.
Agustus 2.
73Ae94, https://doi.
org/10.
18326/ijtihad.
Arisy Abror Dzukroni dan Ahmad Fathan Aniq.
AuRegulating Halal Tourism: The Role of Islamic Organisational Fatwas in the Shariatization of Indonesia,Ay Asy-SyirAoah: Jurnal Ilmu SyariAoah Dan Hukum 57, no.
Desember 2.
: 333Ae60.
13 Anisa Fellani dkk.
AuCommunity Empowerment Efforts Through Creative Economic Training for Housewives with Batik Jumputan in Purwajaya Village.
Ciamis Regency,Ay Jurnal Nahdlatul Fikr 7, no.
Oktober 2.
: 60Ae69.
Hisam Ahyani.
Zakiyyu Muhammad, dan Syamsudin Syamsudin.
AuThe Intersection of Siyasah SyarAoiyyah and Islamic Constitutionalism in Zakat Regulations,Ay Journal Al-Tijarah 1, no.
https://ejournal.
id/index.
php/JAT/article/view/28.
Muhammad Safdar Bhatti.
Rizki Maulana, dan Imron Hamzah.
AuLegal Politics in Transforming Islamic Norms in Sexual Violence Law: A Maqasid al-Shariah Analysis,Ay Jurnal Munakahat 1, no.
Desember 2.
: 33Ae43.
14 Mochamad Doddy Syahirul Alam dkk.
AuComparative Analysis of Halal Certification Mechanisms Between MUI and BPJPH According to the Perspective of Law No.
33 of 2014 Concerning Halal Product Guarantee,Ay Asy-SyariAoah 25, no.
Juni 2.
: 33Ae50, https://doi.
org/10.
15575/as.
Adisti Putri Amelia dan Shofiyun Nahidloh.
AuPraktik Jual Beli Paksaan Di Objek Wisata Religi Batu Ampar Pamekasan Madura Studi Analisis Maqosid Syariah,Ay Jurnal Mediasas: Media Ilmu SyariAoah Dan Ahwal AlSyakhsiyyah 7, no.
Desember 2.
: 560Ae73, https://doi.
org/10.
58824/mediasas.
SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
507 Table 1.
Informants of the Study Local Government Officials (Tourism and Culture Office.
Informant No.
Position Gender Age Region Initials Head of Tourism and Culture Office.
Bogor City Female Bogor City Head of Tourism Destinations Division.
Ciamis Tourism Office Male Ciamis Regency Head of Culture and Tourism Office.
Bandung Regency Male Bandung Regency Head of Tourism and Culture Office.
West Java Province Male West Java Province Regent of Tasikmalaya Male Tasikmalaya Regency Head of Tourism Office.
Ciamis.
Halal tourism Male Ciamis Regency Halal Tourism Business Actors (Destinations.
Hotels.
Culinar.
Informant No.
Position Gender Age Region Initials Manager of Halal Tourism Destination.
Bogor City Male Bogor City Manager of Hotels.
Halal Restaurants, and Tourism Facilities.
Ciamis Male Ciamis Regency Manager of Halal Tourism Destination.
Tasikmalaya Male Tasikmalaya Regency Academics and Experts in Islamic Economic Law Research Question What are the main policies implemented to develop Muslim-friendly tourism in Bogor City, and what challenges are What are the key policies implemented in Ciamis to support Muslim-friendly What steps has Bandung Regency taken in developing Muslimfriendly tourism? How does West Java Province evaluate the development of Muslimfriendly tourism in areas like Ciamis.
Tasikmalaya, and Bogor? What are the policies and strategies adopted by Tasikmalaya Regency in developing Muslimfriendly tourism? How is collaboration between local governments and business actors formed to develop Muslim-friendly tourism in Ciamis? Research Question What are the main challenges in implementing Muslimfriendly tourism on the ground, and how do visitors respond to the How is the implementation of Muslim-friendly tourism regulations perceived by business actors at the operational level? What challenges are faced in providing Muslimfriendly facilities at tourism destinations in Tasikmalaya? 508 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
No.
Informant Initials Position Gender Age Region Researcher.
Center for Religious and Belief Studies.
BRIN Male Jakarta Lecturer.
UIN Sunan Gunung Djati Bandung Male Bandung Halal activist.
Ph.
in Islamic Economic Law.
UIN Bandung Male Bandung Lecturer at STEI Ar-Risalah.
Halal Male Ciamis Regency Age Region Community Leaders and Religious Organizations Informant No.
Position Gender Initials Chairman.
Indonesian Tourism Industry Association (GIPI).
West Java Deputy Chairman.
West Java Nahdlatul Ulama (PWNU) Male Bandung Regency Islamic Boarding School Leader.
Lecturer.
UIN Bandung Male Bandung Regency Age Region Male Subang Regency Consumers or Users of Halal Tourism Services Informant No.
Position Gender Initials Tourist from Malaysia Female Bogor City Tourist from South Korea Male Bandung Regency Research Question What is the role of religious education and training for Muslimfriendly tourism actors in supporting policy How do higher education institutions prepare tourism actors to meet the needs of Muslimfriendly tourism? What is the role of Islamic economics in supporting the development of Muslimfriendly tourism in West Java? What is the role of Islamic economics in supporting the development of Muslimfriendly tourism in West Java? Research Question What is the role of tourism industry associations in developing Muslim-friendly tourism in West Java? What is your view on the importance of religious organizationsAo support in developing Muslimfriendly tourism? What is the role of religious organizations in educating the public about Muslim-friendly Research Question What has been your experience with Muslimfriendly facilities such as prayer rooms, halal restaurants, and others in Bogor City? What has been your experience with Muslimfriendly facilities in Bandung Regency? SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
509 Tourist from Brazil Male Ciamis Regency How was your experience enjoying Muslim-friendly tourism in Ciamis? What do you expect from other Muslim-friendly To ensure validity, data triangulation is applied.
15 This involves cross-referencing data from multiple sources, including interviews, policy documents, and field observations, to confirm consistency and reliability.
Furthermore, the researcher will engage in member checking by asking key informants to validate the interview findings and initial conclusions.
This process helps ensure that the data accurately reflects the realities of halal tourism regulation in the region.
The research data will be analyzed qualitatively and descriptively, focusing on identifying patterns and relationships between the implementation of halal tourism regulations and the principles of constitutionalism and Rechtsstaat.
The analysis will compare existing legal theories with real-world conditions in the field to assess whether these regulations meet their intended objectives, such as providing legal certainty, fairness, and justice in the halal tourism industry.
Limitations of the research include the potential for informant bias and the limited scope of the study, which focuses only on Bandung Regency.
Bogor City.
Ciamis Regency, and Tasikmalaya Regency.
Furthermore, the research timeline may not allow for in-depth exploration of all relevant stakeholders or a comprehensive longitudinal analysis.
However, the findings are expected to offer valuable insights into the current challenges and successes of implementing halal tourism regulations in these regions.
RESULTS AND DISCUSSIONS
Findings from Field Interviews To explore the practical application of constitutionalism and the Rechtsstaat principle in halal tourism governance, this study conducted semi-structured interviews with 19 key informants across five categories: local government officials, business actors, academics, religious leaders, and halal tourism consumers.
These interviews reveal the multidimensional nature of halal tourism regulation and highlight both achievements and challenges at various levels of policy and implementation.
Local government officials noted the importance of regional regulations, publicprivate collaboration, and the role of provincial support in facilitating Muslim-friendly However, disparities in infrastructure, budget allocation, and coordination between stakeholders were also cited as major obstacles.
Business actors emphasized their willingness to comply with halal tourism standards but pointed out the lack of enforcement mechanisms and technical support from the authorities.
Academics and Islamic economic law experts offered valuable insights into how higher education.
Islamic economics, and capacity-building initiatives are essential to support the legal infrastructure of halal tourism.
Religious leaders and community organizations confirmed their active participation in legitimizing and socializing halal tourism values, but also underlined the need for 15 Tri Harnowo dan Fachry Hasani Habib.
AuIslamic Law and Environment Issues: Indonesian Ulama CouncilAos Fatwas on Climate Change,Ay AHKAM : Jurnal Ilmu Syariah 24, no.
Juni 2.
: 101Ae18.
16 Saipul Azis dkk.
AuResearch Trends in Halal Certification and Labeling: Bibliometric Analysis and Systematic Literature Review,Ay Abdurrauf Journal of Islamic Studies 3, no.
Oktober 2.
: 232Ae53, https://doi.
org/10.
58824/arjis.
Ahyani dkk.
AuProtecting Yourself from Online Fraud and Hacking:
An Islamic Perspective,Ay Abdurrauf Journal of Islamic Studies 4, no.
: 46Ae65, https://doi.
org/10.
58824/arjis.
510 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
stronger institutional integration.
Meanwhile, consumers expressed general satisfaction with existing facilities but hoped for improvements in accessibility, information systems, and consistency across destinations.
The following table summarizes the main findings from each interview, grouped by stakeholder category.
Table 1.
Summary of Interview Findings by Informant Category Local Government Officials (Tourism and Culture Office.
No.
Informant Summary of Interview Findings Initials The city has implemented halal certification for tourism businesses, but faces constraints in funding and promotion.
Local policies focus on community-based initiatives and collaboration with religious figures.
Bandung Regency prioritizes the integration of halal standards in public tourism infrastructure.
Provincial oversight identifies inconsistency in local enforcement and resource distribution.
The regency has adopted a synergistic policy involving pesantren and local culture to support halal tourism.
Highlights strong coordination with MSMEs and community stakeholders as essential for halal tourism success.
Halal Tourism Business Actors (Destinations.
Hotels.
Culinar.
No.
Informant Summary of Interview Findings Initials Operators face obstacles due to vague standards and lack of facilities.
feedback is increasingly positive.
Regulatory knowledge is limited among small business actors.
training and guidance are needed.
Funding limitations and lack of technical support hinder infrastructure development for halal services.
Academics and Experts in Islamic Economic Law No.
Informant Summary of Interview Findings Initials Emphasizes the importance of religious education and continuous training for tourism personnel.
Suggests that academic institutions can produce well-prepared graduates to fulfill halal tourism needs.
Islamic economic principles offer a framework for ethical and inclusive tourism development.
Recommends integrating Islamic finance and entrepreneurship into the tourism sector as a legal-economic base.
Community Leaders and Religious Organizations No.
Informant Summary of Interview Findings Initials GIPI supports policy advocacy and market development for halal tourism standards in the region.
Religious organizations legitimize halal tourism initiatives and mobilize community support.
Pesantren and religious educators act as bridges between policy and public Consumers or Users of Halal Tourism Services No.
Informant Summary of Interview Findings Initials Reports high satisfaction with halal restaurants and prayer spaces, but noted limited tourist information in English.
Observed sufficient facilities but called for improved accessibility and clearer SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
511 Expressed appreciation for the experience in Ciamis and encouraged digital innovation to assist foreign tourists.
The following is the Legal Strength and Legal Vacancy Table that summarizes the findings of interviews related to the development of Muslim-friendly tourism in four regions in West Java.
This table describes the legal aspects that exist in Muslim-friendly tourism policies, as well as the challenges or legal gaps that are still found in their Table 2.
Legal Strengths and Gaps in Muslim-Friendly Tourism Regulations No.
Legal Strengths Clear Regulatory Framework: Some regions, like Bogor and Bandung, have established clear halal tourism regulations, including certification for halal-friendly businesses.
Local Government Support: Several local governments, including Ciamis, are actively collaborating with religious and community organizations to enhance halal tourism.
Policy Integration: Some regions integrate Islamic economic principles into local development strategies, enhancing the legal foundation for halal Active Stakeholder Involvement:
Both government and private sector actors are involved in creating a supportive environment for halal Legislative Support for Halal Tourism: There is growing support at the provincial level for policies that encourage Muslim-friendly tourism as part of regional economic development.
Religious and Community Organization Involvement: Religious organizations are actively supporting the policies by providing education and advocacy to the community.
Legal Gaps/Challenges Inconsistent Enforcement: Despite regulatory frameworks, enforcement at the local level is inconsistent across regions, resulting in uneven Limited Resources for Implementation: While regulations exist, local governments face challenges with funding and resources to fully implement policies and infrastructure.
Fragmented Policies: There is a lack of comprehensive coordination across local governments, which causes fragmented policies and practices, creating uncertainty for business actors.
Lack of Public Awareness and Training: There is a gap in public knowledge and professional training for halal tourism businesses, which limits the effectiveness of the regulations.
Lack of Specificity in Guidelines: Regulations are often too broad or vague, leading to confusion among local business operators and inconsistent practices across regions.
Insufficient Collaboration between Stakeholders:
While there is involvement from local governments and businesses, the level of collaboration among stakeholders is still minimal in certain regions, impacting the effectiveness of tourism development.
This table summarizes the legal strengths and gaps in the development of Muslimfriendly tourism, directly connected to the study titled AuBuilding a Legal Foundation for Halal Tourism: The Role of Constitutionalism and the Rule of Law (Rechtsstaa.
in Supporting the Growth of IndonesiaAos Halal Industry.
Ay The legal strengths reflect the presence of regulatory frameworks, proactive support from local governments, and collaborative involvement of stakeholders, all of which align with the principles of constitutionalism and the rule of law in promoting a just and structured halal tourism sector.
On the other hand, the legal gaps highlight critical challenges in the implementation process, including inconsistent policy enforcement, limited institutional resources, low public awareness, and weak inter-agency coordination.
These issues underline the urgent need for more coherent and enforceable legal instruments to ensure that halal tourism contributes sustainably to IndonesiaAos broader halal industry.
This table serves as a foundational reference for the discussion section, where these dynamics are explored in greater depth.
512 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
Application of the Constitutionalism Principle in Halal Tourism Regulation in West Java The principle of constitutionalism is fundamental in the development of halal tourism regulations in West Java, particularly in ensuring the recognition and protection of individual rights, including religious freedoms for Muslims.
Halal tourism regulations in the province aim to guarantee that Muslim consumers can access services that align with Islamic law, ensuring not just a legal framework but also reflecting a social commitment to inclusivity.
These regulations protect the rights of Muslim tourists by ensuring that tourism services comply with their religious principles, which is essential in a region where tourism plays a crucial role in both cultural and economic development.
The Regional Regulation of Bandung Regency No.
6 of 2020 on Halal Tourism is one such regulation that requires tourism service providers in the region to adhere to halal standards.
This regulatory framework is designed to safeguard the rights of Muslim consumers by ensuring that tourism services align with their religious beliefs and practices.
The establishment of halal tourism regulations ensures that Muslim tourists have access to services such as halal food, prayer facilities, and other services that comply with Islamic 18 In this context, the Regional Regulation of Bandung Regency No.
6 of 2020 on Halal Tourism provides the necessary legal framework to ensure the availability of such services, thereby promoting a tourism environment where Muslim consumers' rights are respected and protected.
To strengthen this regulatory framework, the Governor Regulation of West Java Province No.
1 of 2022 on the Development of Sharia Economy and Finance broadens the scope of halal tourism within the context of the broader Sharia-compliant economy.
This regulation not only governs tourism services but also links halal tourism with economic development, ensuring that Muslim communities are able to participate in the tourism sector without compromising their religious values.
By incorporating halal tourism into the economic framework, this regulation reflects the constitutional principle of ensuring that individuals have access to services and economic opportunities that align with their religious values and beliefs.
This regulation thus reaffirms the constitutional right of individuals to access services in a manner that respects their values.
In an interview with Wawan A.
Ridwan, the Head of the Cultural and Tourism Office of Bandung Regency, he emphasized the importance of this regulation in providing legal protection for halal tourism service providers.
Ridwan noted, "Having a regional regulation that governs halal certification gives us legal protection.
It assures our customers that our services are in line with Sharia principles, which increases their trust.
" This perspective underscores the dual role of these regulations: they not only protect consumer rights but also offer a supportive environment for businesses to operate confidently within the halal tourism sector.
The application of constitutionalism in halal tourism regulation aligns closely with Hans Kelsen's Pure Theory of Law, which asserts that laws must conform to higher constitutional norms to be legitimate.
In this case, the halal tourism regulations in West Java 17 Salma Razwa.
AuImplementation of the Surgi Mufti Dome Tourist Destination in View of DSNMUI Fatwa No.
108/DSN-MUI/X/2016 Concerning Guidelines for Organizing Tourism Based on Sharia Principles,Ay Indonesian Journal of Islamic Jurisprudence.
Economic and Legal Theory 2, no.
Mei 2.
: 477Ae88.
18 Abdul Kadir Jaelani.
Anila Rabbani, dan Muhammad Jihadul Hayat.
AuLand Reform Policy in Determining Abandoned Land for Halal Tourism Destination Management Based on Fiqh Siyasah,Ay ElMashlahah 14, no.
Juni 2.
: 211Ae36, https://doi.
org/10.
23971/el-mashlahah.
19 Indonesia dan Kabupaten Bandung.
Regional Regulation of Bandung Regency No.
6 of 2020 on Halal Tourism (Soreang: Pemerintah Kabupaten Bandung, 2.
20 Indonesia dan Provinsi Jawa Barat.
Governor Regulation of West Java Province No.
1 of 2022 on the Development of Sharia Economy and Finance.
(Bandung: Pemerintah Provinsi Jawa Barat, 2.
21 Wawan A.
Ridwan.
Interview with Wawan A.
Ridwan.
Head of the Department of Culture and Tourism of Bandung Regency, 2024.
SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
513 are grounded in constitutional principles such as religious freedom and equality.
By ensuring that these regulations respect constitutional norms like freedom of religion, they reflect Kelsen's emphasis on legal certainty, predictability, and justice.
The regulations also provide a legal framework that is consistent with constitutional values, ensuring that Muslim consumers are not excluded from tourism services that meet their religious needs.
Similarly.
John Rawls' Theory of Justice offers an additional layer of support for these Rawls argues that justice is achieved when resources and opportunities are distributed fairly and equally, ensuring that all individuals, regardless of their religion, have equal access to services and opportunities.
This principle is reflected in the regulations, as they aim to provide equal access to halal tourism services, thus fostering fairness and equality in the tourism sector.
By ensuring that all citizens, particularly Muslim consumers, have access to halal services, the regulations uphold the principle of justice as articulated by Rawls.
Despite the general alignment with constitutional principles, interviews with officials from Bogor City.
Ciamis Regency, and Tasikmalaya Regency reveal challenges in the uneven implementation of halal tourism regulations across the province, particularly in rural areas.
For instance, an official from Ciamis noted that many small tourism businesses in rural areas are unaware of the certification requirements or the benefits of halal certification.
This lack of awareness has created gaps in compliance, making it difficult for businesses in these areas to fully implement halal tourism standards.
One official from Ciamis remarked, "In rural areas, many small tourism businesses have not fully understood the certification requirements.
We need more localized programs to address this gap.
" This observation underscores the need for targeted outreach and training programs aimed at small business owners in these regions.
The uneven application of halal tourism regulations highlights a significant issue: the disparity in access to resources and information between urban and rural areas.
While businesses in urban centers like Bandung are more likely to be familiar with the certification process, those in more remote regions often lack the necessary resources or knowledge to navigate the certification process.
This creates an uneven playing field, where businesses in rural areas struggle to comply with the regulations, potentially excluding them from participating in the halal tourism market.
Thus, addressing these disparities requires more localized efforts, including educational programs and training tailored to the unique needs of rural areas.
In response to these challenges, there is a clear need for increased outreach and education programs to support small and medium-sized enterprises (SME.
in rural regions.
22 John Austin dan William Jethro Brown.
The Austinian Theory of Law: Being an Edition of Lectures I.
V, and VI of AustinAos AuJurisprudence,Ay and of AustinAos AuEssay on the Uses of the Study of JurisprudenceAy with Critical Notes and Excursus (Gaunt, 2.
Hans Kelsen.
General Theory of Law and State (The Lawbook Exchange.
Ltd.
, 2.
Dedah Jubaedah dkk.
AuLegal Analysis of Crypto Investment in Era 4.
0 View from Credo Theory,Ay Diponegoro Law Review 7, no.
Oktober 2.
: 262Ae78, https://doi.
org/10.
14710/dilrev.
23 Saeed A.
Khan.
AuFallacies of Foundational Principles: RawlsAos Political Liberalism and Islamophobia,Ay ReOrient 3, no.
: 50Ae64, https://doi.
org/10.
13169/reorient.
24 Testru Hendra.
Zelfeni Wimra, dan Mahlil Bunaiya.
AuLegal Awareness-Based Religiosity: Unveiling the Segmentation and Motivation of Qurbani Participants in West Sumatra,Ay JURIS (Jurnal Ilmiah Syaria.
23, 1 .
Juni 2.
: 13Ae26, https://doi.
org/10.
31958/juris.
25 Dian Kusdiana.
Head of Tourism Destination Division of Ciamis Tourism Office, who provides primary information regarding Muslim-friendly tourism in Ciamis, as well as explaining various policies and Interview on Thursday, 2024.
26 Supriyadi Supriyadi dkk.
AuLegal Effectiveness of Halal Product Certification in Improving Business Economics in Indonesia and Malaysia,Ay Al-Ahkam 34, no.
April 2.
: 193Ae220, https://doi.
org/10.
21580/ahkam.
Arifuddin Muda Harahap dkk.
AuSocial Justice in the Welfare of Private Lecturers: A Legal Review of Salaries.
Certification, and BPJS Ketenagakerjaan in Indonesia,Ay Jurnal IUS Kajian Hukum Dan Keadilan 12, no.
Desember 2.
: 650Ae74, https://doi.
org/10.
29303/ius.
514 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
By providing training and resources to help SMEs understand the halal certification process, these businesses will be better positioned to comply with the regulations and tap into the growing halal tourism market.
Government agencies should focus on reaching out to small business owners, particularly those in rural areas, to explain the benefits of halal certification and assist them in meeting the necessary requirements.
This will not only increase awareness but also help build the capacity of small businesses to operate within the halal tourism Additionally, interviews with local officials suggest that greater inter-agency coordination is needed to ensure the effective enforcement of halal tourism regulations.
it stands, the lack of collaboration between various government agencies, tourism businesses, and regulatory bodies has resulted in inconsistent enforcement of halal To address this, officials emphasize the need for improved communication and cooperation between these stakeholders, which could lead to a more consistent and transparent implementation of halal tourism regulations across the province.
The application of constitutionalism in halal tourism regulation in West Java has made significant strides in ensuring that Muslim consumers have access to services that align with their religious beliefs.
However, challenges remain in terms of uneven implementation, particularly in rural areas.
To address these challenges, it is essential to enhance outreach and training programs for SMEs, improve inter-agency coordination, and ensure that all regions of West Java have equal access to the benefits of halal tourism.
By refining these efforts.
West Java can continue to build a more inclusive and sustainable halal tourism sector that serves the needs of all its citizens.
Figure 1.
White Crater Tourism in Ciwidey.
Bandung Regency is Ready to Become a Halal Tourism Destination 27 Zainal Abidin dkk.
AuAl-Wasathiyah Fy al-Iqtishyd al-Islymy: yCryAou AoUlamy JamAoIyati AoNahdlatul UlamaAo Bi Jawa al-Syarqiyah Haula Aoal-TaraddudAo Bi SyaAoini Fatywa al-Fawyid al-Mashryfiyah,Ay AL-IHKAM:
Jurnal Hukum & Pranata Sosial 18, no.
Juni 2.
: 246Ae84, https://doi.
org/10.
19105/allhkam.
Ahyani.
AuDigitalization and MaqAid Al-Sharah: Navigating Halal Lifestyle in Indonesia,Ay Jurnal Nahdlatul Fikr 5, no.
Juni 2.
: 1Ae11.
Hari Sutra Disemadi dan Arya Salsabila Auliana Putri.
AuPreserving Spiritual Rights through Halal Certification for MSME Products: Voluntary vs.
Mandatory,Ay Jurnal Mediasas: Media Ilmu SyariAoah Dan Ahwal Al-Syakhsiyyah 6, no.
: 80Ae99, https://doi.
org/10.
58824/mediasas.
Nurul Khomariyah dan Alan SuAoud MaAoadi.
AuAnalisis Strategi Organisasi Perangkat Daerah Kabupaten Bangkalan Dalam Mengakselerasi Sertfikasi Halal,Ay Jurnal Mediasas:
Media Ilmu SyariAoah Dan Ahwal Al-Syakhsiyyah 7, no.
Desember 2.
: 621Ae38, https://doi.
org/10.
58824/mediasas.
28 Imam Sukadi dan Erfaniah Zuhriah.
AuThe Legal Policy of Judicial Power: The Idea of Implementation of Small Claim Courts in Religious Courts,Ay De Jure: Jurnal Hukum Dan SyarAoiah 13, no.
Juli 2.
, https://doi.
org/10.
18860/j-fsh.
29 Tengku Muhammad Sahudra.
Mirza Desfandi, dan Jakiatin Nisa.
AuThe Role of the Qanun in the Development of Mangrove Forest Ecotourism in Kuala Langsa.
Aceh,Ay Al-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan 20, no.
Desember 2.
: 230Ae41, https://doi.
org/10.
30631/alrisalah.
Adam Juliandika dan Fazzan.
AuThe Implementation of Islamic Sharia in the Enforcement of Qanun Jinayat in Aceh: A Legal Analysis and Social Impact,Ay Ahlika: Jurnal Hukum Keluarga dan Hukum Islam 1, no.
148Ae61.
SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
515 Application of the Rechtsstaat Principle in Halal Tourism Regulations in West Java The Rechtsstaat .
ule of la.
principle, as applied to halal tourism in West Java, highlights the importance of legal certainty, transparency, and accountability.
These elements are essential to ensure that the tourism sector operates under clear, enforceable The Bandung Regional Regulation No.
6 of 2020 and West Java Province Governor Regulation No.
1 of 2022 provide well-defined procedures for obtaining halal certification, creating a legal framework that is predictable and transparent for both businesses and 30 These regulations contribute to the Rechtsstaat principle by ensuring that tourism laws are not only clear but also consistently applied, making the legal environment accessible to all stakeholders.
In West Java, these regulations go beyond simply ensuring compliance.
they establish robust oversight mechanisms.
For example, the creation of halal certification requirements for tourism service providers sets a standardized process for verifying halal compliance.
This minimizes uncertainty for both businesses and consumers, ensuring that there are clear guidelines to follow.
Local government agencies are tasked with monitoring and certifying halal tourism businesses, ensuring that these laws are actively enforced.
Additionally, the regulations provide a framework for addressing any disputes or challenges that may arise within the sector, making the overall system more accountable and transparent.
An interview with Arfi Hatim.
Head of the Research and Development Agency for Religious Affairs and Religious Services at the Ministry of Religious Affairs, sheds light on the practical implications of these regulations.
Arfi expressed, "The clear system and government regulation, along with tight supervision, make us more confident in developing our business.
It also reassures our customers that we comply with the regulations set.
" This statement emphasizes how the Rechtsstaat principle works in practice: by creating a transparent, well-supervised legal environment, the regulations provide security for both service providers and consumers.
When businesses know they are operating within a clear legal framework, it fosters a sense of confidence that their services meet required standards, and consumers can trust that the services align with their expectations.
From a theoretical perspective, the Rechtsstaat principle, as articulated by Hans Kelsen, underscores the importance of legal certainty in maintaining the rule of law.
KelsenAos theory suggests that laws must adhere to higher constitutional norms to be legitimate and effective.
33 The halal tourism regulations in West Java align with this perspective by ensuring that the laws governing halal tourism are not only enforceable but also fair and transparent.
Additionally.
John Rawls' Theory of Justice, with its emphasis on fairness, complements the Rechtsstaat principle by ensuring that the legal system does not favor one group over another.
34 The regulations in West Java are structured to treat all stakeholders equally, ensuring that tourism businesses of all sizes must comply with the same halal standards, thus ensuring fairness in the application of these laws.
However, fieldwork conducted in Tasikmalaya Regency and Bogor City reveals challenges in the practical application of the Rechtsstaat principle, particularly when it comes to smaller businesses.
In these areas, smaller tourism operators have expressed concerns regarding the costs and bureaucratic complexities associated with obtaining halal 30 Indonesia dan Kabupaten Bandung.
Regional Regulation of Bandung Regency No.
6 of 2020 on Halal Tourism.
31 Indonesia dan Provinsi Jawa Barat.
Governor Regulation of West Java Province No.
1 of 2022 on the Development of Sharia Economy and Finance.
32 Arfi Hatim.
Explanation of the Head of the Research and Development Agency for Religion and Religious Services.
Ministry of Religion, regarding halal industry practices, 2024.
33 Kelsen.
General Theory of Law and State.
34 John Rawls.
A Theory of Justice (Harvard University Press, 2.
35 Sahudra.
Desfandi, dan Nisa.
AuThe Role of the Qanun in the Development of Mangrove Forest Ecotourism in Kuala Langsa.
Aceh.
Ay 516 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
Some operators mentioned that navigating the certification process without sufficient government support or understanding of the regulations has been particularly A local tourism operator in Tasikmalaya stated, "The process of obtaining halal certification is complicated, and many smaller businesses struggle with the costs and paperwork involved.
need more accessible support from the government to help us navigate this.
" This insight reveals a gap between the formal regulatory framework and the practical realities that smaller businesses face, which undermines the uniform application of the Rechtsstaat principles in these Figure 1.
The atmosphere of the "Kampung Naga" tourist attraction in Neglasari Village.
Salawu District.
Tasikmalaya Regency.
West Java Province.
This issue of uneven compliance between large and small businesses presents a significant challenge to the consistency of the Rechtsstaat principle.
Smaller tourism providers in rural areas may lack the resources or knowledge to meet the halal certification A Bogor City official noted, "While larger businesses are able to meet the requirements more easily, smaller businesses in rural areas often donAot have the same resources or knowledge about the " This highlights the disparity in the application of legal standards, which could hinder the goal of achieving uniformity in halal tourism practices across West Java.
Without addressing these challenges, the legal system risks excluding smaller businesses from the halal tourism market, thereby disrupting the principle of fairness that is central to the Rechtsstaat.
To address these challenges, there is a clear need for government support and capacity-building programs to assist smaller tourism providers.
Many smaller businesses are simply not aware of the benefits of halal certification or the steps required to obtain it.
Increased outreach, educational programs, and technical support would help bridge the gap between the formal regulatory system and the capabilities of small businesses.
By offering these resources, the government could ensure that all businesses, regardless of size, have the opportunity to comply with the halal tourism regulations.
A tourism official in Tasikmalaya explained, "We need more government support in terms of workshops and training to help small businesses understand how to comply with halal certification and the benefits it brings.
" 38
Furthermore, simplifying the halal certification process could reduce the burden on smaller businesses and encourage wider compliance with the regulations.
The certification process can be complex, particularly for those without prior experience in navigating Manager of Kampung Naga Destination.
Tasikmalaya.
Interview with the Manager of Halal Tourism Destination in Tasikmalaya Regency AuKampung NagaAy in Neglasari Village.
Salawu District.
Tasikmalaya Regency.
West Java Province.
, 2024.
37 Atang Abd Hakim dkk.
AuTowards Indonesia Halal Tourism,Ay AHKAM : Jurnal Ilmu Syariah 17, no.
Juli 2.
, https://journal.
id/index.
php/ahkam/article/view/6243.
Ending Solehudin.
AuLearning from MalaysiaAos Progressive Islamic Law Framework on Online Gambling: Insights for Indonesia,Ay Al-Ihkam: Jurnal Hukum & Pranata Sosial 20, no.
, https://doi.
org/10.
19105/al-lhkam.
38 Manager of Kampung Naga Destination.
Tasikmalaya.
Interview with the Manager of Halal Tourism Destination in Tasikmalaya Regency AuKampung NagaAy in Neglasari Village.
Salawu District.
Tasikmalaya Regency.
West Java Province.
SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
517 regulatory frameworks.
39 A tourism operator in Bogor City commented, "The certification process is often confusing, and sometimes it feels like the steps are overwhelming for smaller businesses that lack administrative support.
" Streamlining this process would be a significant step toward ensuring that halal tourism regulations are applied equally across all regions and businesses, fostering an inclusive and equitable tourism environment.
In conclusion, while the Rechtsstaat principle has been effectively integrated into the halal tourism regulations in West Java, challenges remain in ensuring uniform compliance across all businesses, particularly in rural areas.
Fieldwork in Tasikmalaya and Bogor demonstrates that smaller tourism businesses often face difficulties in navigating the certification process.
Addressing these challenges requires increased government support, clearer communication about the benefits of halal certification, and simplifying the regulatory process.
By improving outreach, capacity-building, and the certification process.
West Java can better ensure that the Rechtsstaat principles of legal certainty, fairness, and accountability are fully realized across the halal tourism sector.
This will not only create a more equitable environment for businesses but will also strengthen consumer confidence and contribute to the sustainable growth of halal tourism in the region.
Synergy Between Constitutionalism and Rechtsstaat in Halal Tourism Regulations in West Java The synergy between constitutionalism and the Rechtsstaat .
ule of la.
principles in West Java creates a robust and comprehensive legal framework for halal tourism.
By merging these two principles, the regionAos halal tourism regulations not only ensure the protection of individual rights, especially religious freedoms, but also guarantee legal certainty and fairness in the implementation of tourism policies.
Bandung Regional Regulation No.
6 of 2020 and West Java Provincial Regulation No.
1 of 2022 exemplify how constitutional protections are intertwined with clear, enforceable legal procedures, forming a legal environment that fosters the growth of halal tourism.
These regulations reflect a commitment to both individual rights and the broader public interest, ensuring Muslim consumers have access to tourism services aligned with their religious beliefs, while fostering an inclusive economic environment for halal tourism businesses.
This integration of constitutionalism and Rechtsstaat principles fosters a transparent, accountable, and fair regulatory environment, benefitting both businesses and consumers.
A core tenet of fairness, as envisioned in John RawlsAo Theory of Justice, advocates for a system that ensures equal opportunities for all stakeholders.
41 Rawls' concept of fairness is particularly relevant in ensuring inclusivity within the halal tourism sector.
It guarantees that smaller operators in rural areas, such as those in Ciamis Regency and Tasikmalaya Regency, are not left behind compared to larger businesses in urbanized areas like Bandung.
This equality of opportunity is crucial to ensuring that halal tourism does not become dominated by larger players but remains accessible to a diverse range of providers, including those in underserved regions.
39 Preydes Xaviera Sitorus.
Septa Yohana Lubis, dan Yohana Yulia Purba.
AuUji Trend Cox-Stuart Pada Kunjungan Wisatawan Di Tapanuli Tengah Tahun 2023,Ay Interdisciplinary Explorations in Research Journal 2, no.
Desember 2.
: 1793Ae1805.
Muharir.
Irfan Kuncoro, dan Agus Yosep Abduloh.
AuIslamic Legal Hermeneutics on Riba in Digital Banking: A Contextual Reading of Imam Al-QurthubiAos Tafsir on Surah AlBaqarah 275,Ay Jurnal Ilmiah Mizani: Wacana Hukum.
Ekonomi Dan Keagamaan 12, no.
: 128Ae49.
Hisam Ahyani.
Haris Maiza Putra, dan Aji Sofanudin.
AuBirrul Walidain in Political Preferences: Harmonizing Family Values and Employment Law in Indonesia,Ay El-Usrah 7, no.
: 1Ae18, https://doi.
org/10.
22373/ujhk.
40 Community in Bogor City.
Interview with the Community in Bogor City, about the certification process which is often still confusing, 2024.
41 Rawls.
A Theory of Justice.
518 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
Furthermore, the legal framework created by these regulations aligns with Hans KelsenAos Theory of the Rule of Law, which emphasizes the necessity of a clear and stable legal structure for ensuring that laws are effectively implemented and adhered to.
In the context of halal tourism.
KelsenAos principles are reflected in the structured halal certification process and the role of local authorities in overseeing compliance.
42 The integration of constitutionalism and the Rechtsstaat principles provides a stable and predictable legal foundation for tourism businesses.
This, in turn, helps create confidence among businesses and consumers, knowing that the legal framework is reliable and offers protection and accountability for all parties involved.
Businesses are incentivized to comply with halal standards because they trust that their efforts will be supported by an accountable and predictable legal system.
While the synergy between constitutionalism and Rechtsstaat in West Java creates a solid legal foundation for halal tourism, challenges persist, particularly in regions like Bogor City, where compliance with regulations is more pronounced among larger tourism operators compared to smaller ones.
Interviews with local business owners in Bogor revealed that large firms benefit from their established resources and familiarity with the regulatory framework, allowing them to more easily comply with the required halal certification processes.
On the other hand, smaller tourism operators, particularly those in suburban and rural areas, continue to face significant obstacles.
These challenges include limited access to information, resources, and financial support, which hinders their ability to navigate the certification process effectively.
This disparity suggests that the current regulatory environment, while comprehensive in its design, requires adjustments to better serve the needs of smaller businesses and ensure a level playing field for all operators, regardless of size or location.
Figure 1.
Halal Tourism Little Venice Bogor.
The Beauty of Venice City in West Java The discrepancy between the compliance levels of large and small businesses illustrates an ongoing challenge in achieving the full realization of both constitutionalism and Rechtsstaat principles in the halal tourism sector.
In Bogor, smaller operators noted that while they were eager to comply with halal standards, the bureaucratic complexities and costs associated with certification were overwhelming.
A small business owner in Bogor explained, "The requirements for halal certification are often difficult to understand, and the costs are prohibitive for smaller businesses like ours.
We need more assistance from the government to make the process more accessible.
" This statement reflects the frustrations of smaller businesses in rural and suburban areas that are not equipped to handle the full scope of regulatory demands, pointing to a gap between the regulatory frameworkAos intention and the practical realities faced by small operators.
Fieldwork in other areas, such as Tasikmalaya and Ciamis, supports these findings, with smaller businesses indicating that the cost and complexity of obtaining halal certification present significant barriers to entry.
In Tasikmalaya, a tourism operator 42 Kelsen.
General Theory of Law and State.
43 Kukuh.
Interview with Local Business Owners in Bogor, 2024.
SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
519 remarked, "ItAos not just about the money.
itAos also about the time and effort required to meet all the regulatory requirements.
For small businesses like ours, this process can be overwhelming without proper " This demonstrates that the process of obtaining halal certification is not only a financial burden but also a logistical one, particularly for businesses with limited administrative resources.
These insights further highlight the need for a more inclusive regulatory framework that addresses the specific needs of small tourism operators.
Figure 1.
Heha Sky Halal Tourism, in Tasikmalaya Regency.
West Java To rectify this, there is a clear need for policy adjustments that take into account the realities faced by smaller businesses.
These adjustments could include simplifying the certification process, offering financial support or subsidies for smaller operators, and providing training programs to ensure that all businesses understand the benefits and procedures involved in obtaining halal certification.
These measures would ensure that the principles of constitutionalism and Rechtsstaat are applied more uniformly, reducing disparities between large and small businesses in the halal tourism sector.
Additionally, increasing government outreach and capacity-building efforts would significantly enhance the effectiveness of the regulatory framework.
Training programs for small business owners and workers in rural areas could help them better understand the regulatory process and how to comply with halal certification requirements.
Government initiatives that focus on localizing support in regions like Ciamis and Tasikmalaya would help bridge the gap between the regulatory framework and the on-the-ground realities of smaller By improving communication and support, the government could ensure that all businesses, regardless of their size, have the tools and knowledge necessary to navigate the certification process successfully.
In conclusion, while the synergy between constitutionalism and Rechtsstaat principles has created a strong foundation for halal tourism in West Java, challenges remain, particularly regarding the equitable application of these principles across all regions and business sizes.
By addressing the specific needs of smaller operators, simplifying the certification process, and providing targeted support for underrepresented areas.
West Java can ensure that the halal tourism sector remains inclusive, fair, and sustainable.
By doing so, the region can achieve the full realization of both constitutional protections and the Rechtsstaat principle, ensuring that all stakeholders are able to thrive in a fair and accountable legal environment.
Field Evidence: Awards and Achievements in West JavaAos Halal Tourism Sector West Java's remarkable progress in the development of halal tourism is evident through the recognition it has garnered both regionally and nationally.
A key indicator of this success is the prestigious Smiling West Java Muslim Friendly Tourism (SWJ-MFT) Award 2024, which acknowledges the commitment of local governments in West Java to 44 Researcher.
AuField research results in Tasikmalaya and Ciamis on the Halal Industry,Ay 2024.
520 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
create tourist destinations that cater specifically to the needs of Muslim travelers.
45 This award is a direct reflection of the provinceAos dedication to fostering an inclusive, diverse, and vibrant halal tourism sector.
It signifies not only the adherence to halal tourism regulations such as Bandung Regional Regulation No.
6 of 2020 and West Java Provincial Regulation No.
1 of 2022, but also the overall success of these policies in enhancing the tourism experience for Muslim visitors.
The recognition serves as a powerful validation of the effectiveness of the legal and regulatory framework that supports halal tourism in West Java.
The Smiling West Java Muslim Friendly Tourism Award serves as a testament to the successful implementation of these regulations in fostering a diverse halal tourism ecosystem that respects Sharia principles.
West Java Governor Pj.
Bey Triadi Machmudin has underscored the province's leadership in halal tourism, highlighting the significance of the regulations in supporting the sectorAos growth.
He remarked.
AuWest Java is now the province with the highest number of halal products in Indonesia.
This is the result of clear regulations and our commitment to building the halal industry.
Ay Governor MachmudinAos statement emphasizes the positive impact of a clear regulatory framework in enabling the growth of halal tourism and demonstrates how structured legal efforts can yield significant economic and social benefits.
The province's leadership in halal tourism not only positions it as a top destination for Muslim travelers but also exemplifies the success of regulations in creating an inclusive environment for businesses and consumers alike.
However, despite the recognition and success experienced in urban areas like Bandung.
Tasikmalaya Regency and Ciamis Regency face ongoing challenges in achieving similar levels of recognition and compliance.
Interviews with local government officials and business owners in these regions revealed that while there is growing awareness of halal tourism, local engagement with the halal certification process remains inconsistent and Ciamis and Tasikmalaya still struggle with the implementation of halal tourism regulations, particularly due to the lack of sufficient training and socialization of halal certification processes.
These issues prevent many businesses from fully understanding the potential benefits of halal certification, which, in turn, hinders their ability to take full advantage of the opportunities the halal tourism market offers.
As a result, these regions have yet to achieve the level of recognition seen in more urbanized areas like Bandung or Bogor City, where there is more infrastructure in place to support the sectorAos growth.
The gap in awareness and the implementation challenges in Tasikmalaya and Ciamis also highlight the importance of localized interventions that can bridge the divide between urban centers and rural districts.
As noted by a local business owner in Ciamis.
AuWhile we see the benefits of halal tourism, we need more targeted support and guidance from the government to understand how to achieve halal certification and its economic impact on our businesses.
Ay This sentiment underscores the need for more localized outreach and training programs aimed at small and medium enterprises (SME.
in rural areas.
Given the growing significance of halal tourism, regional governments must take proactive measures to ensure that businesses in smaller or more remote regions are not left behind in this thriving sector.
Fieldwork in these areas revealed that local engagement is a critical factor in bridging the gap between urban and rural areas.
The lack of resources and governmental support for halal tourism in Tasikmalaya and Ciamis reflects the broader issue of uneven development across the region.
While urban areas like Bandung and Bogor have more robust frameworks in place, smaller regions face challenges such as inadequate access to information and insufficient socialization of halal tourism benefits.
In interviews with local officials, it 45 Disparbud Jabar.
AuFirst in Indonesia.
West Java Provincial Government Ready to Hold Smiling West Java Ae Muslim Friendly Tourism Award 2024,Ay 2024, https://jabarprov.
46 Researcher.
AuField research results in Tasikmalaya on the Halal Industry,Ay 2024.
SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
521 became clear that government efforts need to focus on reaching out to these regions and providing tailored solutions to address the specific needs of tourism operators in these areas.
The lack of comprehensive training programs and clear communication about halal tourism regulations in Ciamis and Tasikmalaya also contributes to the inconsistent implementation of halal standards.
As one government official from Ciamis stated.
AuWeAove tried to encourage halal tourism, but thereAos a significant knowledge gap among business owners about the processes involved.
Without sufficient training, itAos difficult for them to comply with the certification requirements.
Ay This highlights the need for more communitydriven initiatives and outreach to ensure businesses in these areas can access the knowledge and resources necessary to thrive in the halal tourism sector.
To address these challenges, it is crucial for the local governments of Tasikmalaya and Ciamis to increase their focus on tailored outreach programs.
These should provide training, consultation, and financial support to tourism businesses in smaller towns and rural areas.
The government can partner with local industry associations, halal tourism advocates, and academic institutions to create a more integrated approach to halal tourism development, one that includes both urban and rural stakeholders.
By ensuring that businesses in all regions have equal access to the resources and information necessary to comply with halal tourism regulations.
West Java can move toward a more inclusive halal tourism sector that supports both large-scale tourism operators and smaller businesses alike.
Ultimately, the disparity in recognition and certification between urban centers and rural regions highlights the need for holistic, region-specific strategies in West Java.
Although the SWJ-MFT Award is a clear indication of success, addressing the challenges faced by smaller regions will be crucial for ensuring that halal tourism becomes a truly province-wide phenomenon, benefiting all stakeholders, regardless of their location or size.
By expanding support to underserved regions.
West Java can ensure that the growth of halal tourism is inclusive, sustainable, and beneficial for the entire province.
Figure 1.
Halal Tourism Villa Srikandi Tembong.
Panjalu District.
Ciamis Regency.
West Java Challenges and Recommendations for the Development of Halal Tourism in West Java Despite significant progress in the halal tourism sector, challenges persist, particularly in smaller and medium-sized enterprises (SME.
and rural areas, where there is limited understanding and compliance with halal tourism regulations.
One of the primary barriers to success in these regions is the insufficient coordination between government bodies and local tourism businesses.
This lack of collaboration has led to an inconsistent application of halal tourism standards, particularly in more rural areas like Ciamis Regency and Tasikmalaya Regency.
While urban centers such as Bandung and Bogor have experienced relatively 522 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
smooth implementation of halal tourism regulations, smaller regions continue to struggle with applying these standards effectively.
Wawan A.
Ridwan.
Head of the Cultural and Tourism Office of Bandung Regency, highlighted the importance of addressing these gaps: "More intensive training and socialization are needed for business owners to better understand and comply with the regulations.
Strengthening coordination between government agencies and improving oversight mechanisms are essential steps toward ensuring consistent application of halal tourism standards.
" This statement underscores the need for a more robust framework to educate and support local business owners, particularly those operating in smaller or rural areas.
Without sufficient training and outreach, many businesses in these regions remain unaware of the benefits of halal certification or struggle with the bureaucratic hurdles involved in the certification process.
The absence of effective coordination between various stakeholdersAilocal governments, tourism businesses, and regulatory bodiesAihas led to uneven enforcement of halal tourism regulations.
This uneven application of standards undermines the potential of the halal tourism sector to grow in a balanced, sustainable manner across the province.
Ciamis and Tasikmalaya, in particular, face challenges in developing a cohesive strategy to promote halal tourism.
While businesses in Bandung are more likely to be aware of the halal certification process and benefits, those in more remote areas often lack the same resources or information.
This disparity calls for a more unified approach to regulating and promoting halal tourism throughout West Java.
To address these challenges, a critical recommendation is the expansion of training programs and socialization efforts for business owners, particularly in rural areas.
Government agencies must focus on reaching out to small business owners and tourism operators in these regions and offer guidance on how to achieve halal certification, as well as explain the advantages of operating within a halal tourism framework.
By building capacity at the grassroots level, these businesses will be better positioned to comply with regulations and gain the certification needed to attract Muslim travelers.
This will not only contribute to economic growth but also ensure a more inclusive halal tourism sector across the province.
Furthermore, there is a need for improved inter-agency coordination between local governments, tourism authorities, and regulatory bodies to ensure that halal tourism regulations are consistently enforced.
Effective oversight and collaboration will create a more predictable and reliable environment for both businesses and consumers.
As it stands, the lack of coordination among different agencies has contributed to gaps in regulatory enforcement, especially in rural regions where businesses are less familiar with the halal certification process.
Streamlining communication between these stakeholders can improve the efficiency of certification procedures and the overall implementation of halal tourism Figure 1.
Halal Tourism Puncak Bangku or the Land Above the Clouds, in Situmandala Village.
Rancah District.
Ciamis Regency.
West Java 47 Ridwan.
Interview with Wawan A.
Ridwan.
Head of the Department of Culture and Tourism of Bandung Regency.
SYARIAH : Jurnal Hukum dan Pemikiran 24.
No.
December 2.
523 In addition to strengthening the coordination between government bodies, it is also crucial to adopt a Pentahelix model of collaboration.
This model, which emphasizes cooperation between government, academia, business, media, and the community, could help foster a more integrated and holistic approach to promoting halal tourism.
By involving a broader range of stakeholders in the development and promotion of halal tourism.
West Java can create a more sustainable and dynamic tourism ecosystem.
Academic institutions can provide research and data to inform policy decisions, while businesses can offer insights into practical challenges and consumer demand.
Media outlets can raise awareness of halal tourism opportunities, and community involvement ensures that tourism development reflects local values and needs.
The Pentahelix model can also contribute to a public-private partnership framework where various sectors collaborate to support the growth of halal tourism.
Local businesses, particularly those in rural areas, would benefit from partnerships with larger tourism organizations or government-backed initiatives aimed at fostering halal tourism This collaboration can facilitate access to funding, resources, and expertise that smaller operators may not otherwise have access to.
Additionally, involving the community in the process helps ensure that halal tourism initiatives are aligned with local culture, values, and aspirations, making the sector more sustainable and culturally relevant.
Figure 1.
Pentahelix Collaboration for Halal Tourism Ae Diagram illustrating the cooperation between government, business, media, academia, and the community.
Moreover, it is essential that government policies and programs address financial barriers for small businesses seeking halal certification.
Offering subsidies or financial incentives could help mitigate the costs involved in obtaining halal certification, especially for SMEs that may lack the resources to navigate the bureaucratic and financial These incentives could also encourage more businesses in rural regions to pursue halal certification and join the halal tourism sector, fostering greater inclusivity and diversity in the industry.
Lastly, the development of localized strategies tailored to the specific needs of different regions is crucial for ensuring that all areas of West Java can benefit from halal While regions like Bandung may have well-established infrastructure and networks to support halal tourism, areas such as Ciamis and Tasikmalaya require specialized interventions that consider their unique challenges and opportunities.
Local governments in these areas should work closely with businesses, community leaders, and tourism authorities to design strategies that reflect the realities on the ground and provide targeted support where it is most needed.
524 | Imron Hamzah.
Hisam Ahyani.
Naelul Azmi.
Indra Utama Tanjung.
Syrgio Antynio Neves Lousada.
Legal Foundations for Inclusive Halal Tourism in West Java: Between Constitutional Principles and Practical Challenges.
In conclusion, while significant progress has been made in developing halal tourism in West Java, addressing the challenges faced by SMEs and rural regions is crucial for ensuring the sectorAos long-term sustainability and inclusivity.
By expanding training efforts, improving inter-agency coordination, adopting the Pentahelix model, and addressing financial barriers.
West Java can ensure that halal tourism is accessible to all businesses, regardless of size or location.
These steps will help create a more balanced and prosperous halal tourism sector, benefiting both businesses and communities across the province.
CONCLUSION
This study confirms that the principles of constitutionalism and Rechtsstaat are crucial not only in maintaining justice and legal certainty but also in fostering a robust foundation for the growth of Indonesia's halal tourism industry.
The application of these principles in the Bandung Regional Regulation No.
6 of 2020 and the West Java Provincial Regulation No.
1 of 2022 on the Development of Sharia Economy and Finance has provided a stable legal framework that ensures legal certainty and protections for both business actors and consumers.
The field evidence highlights the positive impact of these regulations on the halal tourism sector, with West Java emerging as the province with the largest number of halal products in 2024Ai694,684 halal productsAidemonstrating the success of these policies in enhancing Indonesia's competitiveness in the global halal tourism market.
Furthermore, this regulatory framework has strengthened consumer rights and supported the growth of halal tourism businesses by ensuring compliance with Sharia principles.
However, the study acknowledges certain limitations, particularly in terms of geographic coverage, as it primarily focuses on the West Java region.
Future research could expand to other provinces to assess the wider applicability and impact of these regulations across Indonesia.
Moreover, there is a need for further exploration into the dynamics of small and medium-sized enterprises (SME.
in the halal tourism sector, as they face specific challenges in complying with these regulations.
In terms of policy recommendations, the establishment of a dedicated task force for halal tourism is critical.
This task force should include representatives from academia, industry associations, and government agencies to ensure coordinated oversight and promote continuous innovation within the halal tourism sector.
Additionally, more targeted training and mentoring programs for SMEs should be implemented to improve their understanding and compliance with the regulations.
By addressing these recommendations, future policies can be better aligned with the evolving needs of the halal tourism industry, creating a sustainable and competitive environment that benefits all stakeholders while adhering to constitutional and legal REFERENCE