1303 Justisia Ekonomika Jurnal Magister Hukum Ekonomi Syariah Vol 9. No 1 tahun 2025 hal 1303-1315 EISSN: 2614-865X PISSN: 2598-5043 Website: http://journal. um-surabaya. id/index. php/JE/index BUSINESS PERCEPTIONS AND BARRIERS HALAL CERTIFICATE PROCESSING IN KUTA-BALI ISLAMIC ECONOMIC PERSPECTIVE Misbah Nggulam Mustaqim Religious Court of Taliwang. West Sumbawa Regency. Indonesia Email: misbahmustaqim@gmail. Submitted: March 14, 2025. Accepted: May 18, 2025. Published: Jun 20, 2025 Abstract The purpose of this study was to determine the perceptions of business actors and the obstacles and barriers faced when applying for halal certificates, both before and after the enactment of Law Number 6 of 2023 concerning Job Creation in the perspective of Islamic economics, especially the researcher took the research location in Kuta Village. Kuta District. Badung Regency. Bali ProvinceAiseeing that Balinese society can be said to be a pluralistic society that has various religions. This study uses a qualitative research method, namely a type of research that focuses on understanding the naturalistic arrangement or daily life of a particular phenomenon or person, including the context in which the phenomenon being studied is embedded. It can be concluded that the results of this study: first, that the halal certificate processing process is very strict and impractical, second, the existence of Law Number 6 of 2023 concerning Job Creation, provides a breath of fresh air for business actors in the form of a halal certificate valid for life, practical and uncomplicated submission, especially the Halal Product Process Companion is very protective and very helpful for business actors, third, during the halal certificate processing process, business actors face several obstacles and constraints originating from the business actors themselves, the application system, halal auditors, and the fatwa committee. Keywords: halal certificate, business actors' perceptions, obstacles INTRODUCTION In the halal certification process. Law Number 33 of 2014 concerning Halal Product Guarantee has a long flow of implementation, starting with the business actor applying for a halal certificate to BPJPH, then within a maximum period of 5 . days BPJPH establishes a Halal Examining Agency . ereinafter abbreviated as LPH) to conduct examination and/or Furthermore. LPH submits the results of the examination and/or testing of product halalness to BPJPH to be submitted to MUI to obtain a determination of product halalness. deciding the halalness of the product. MUI conducts a halal fatwa hearing a maximum of 30 . working days from receiving the results of examination and/or testing of products from BPJPH. After receiving the MUI determination. BPJPH issues a halal certificate to business actors, no later than 7 . working days, starting from the decision on product halalness is issued. Although it requires a long flow, it cannot be known with certainty about the timing of the process of examining and testing the halalness of products carried out by LPH and management costs that cannot be known with certainty, there is a validity period for halal certificates so that they must be constantly updated, the government provides legal certainty for businesses and consumers and the business climate is conducive in Indonesia. This has a positive impact on each party to carry out the halal product certification The Government Regulation instead of Law . ereinafter abbreviated as Perp. Number 2 of 2022 concerning Job Creation which is subsequently stipulated as a law with Law Number 6 of 2023, especially in Article 48, provides convenience in terms of obtaining halal certification, such as submitting an application with a halal statement for micro and small businesses and getting assistance, at no cost, without the validity period of the halal certificate as long as there is no change in the composition of the ingredients, so that the questions of micro and small businesses throughout Indonesia have been answered. Kuta Sub-district is one of the sub-districts in Badung Regency. Bali Province. It is known that based on population data sourced from the Bali Provincial Statistics Agency . ast updated on May 19, 2. , the number Achamad Donny & Badurin Kurniawan, "Evaluation of the Implementation of the Halal Product Guarantee Certification Policy in Encouraging the Development of Micro. Small and Medium Enterprises Post Covid-19". Journal Publika. Number 2, (April 2. , p. of Muslim communities in Badung Regency is 96,166 . inety-six thousand one hundred and sixty-si. , overall in Bali Province Muslim communities are 520,244 . ive hundred and twenty thousand two hundred and forty-fou. In Balinese society, where the majority of the population is Hindu, many tourists and residents are Muslim. This raises the demand for a halal ecosystem on the Island of the Gods, to become Muslim-friendly tourism, in meeting its needs. Based on the results of research by Nadya Nur Annisa. Dr. Khalifah M Ali and Yekti Mahanani. MSc, that the halal knowledge of micro and small business actors on the Island of the Gods is very good, with factors that influence halal knowledge are the level of education, availability of information and religious awareness. 3 However, the application for halal certificates in the field . specially in Kuta-Bal. is much different if it is based on existing regulations, various obstacles in the process of applying for halal certificates, making some business actors feel reluctant to apply for them because they are impractical. After all, they feel safe with the composition of the ingredients used, without feeling Bali Provincial Statistics Agency. Population of Bali Province by Religion Adhered from 1971, 2000 and 2010 Population Census Results . pdated: May https://bali. id/id/statisticstable/1/MTg5IzE=/penduduk-provinsi-balimenurut-agama-yang-dianut-hasil-sensuspenduduk-1971--2000--dan-2010. (September 04, 2. Nadya Nur Annisa, et al. Measuring Halal Knowledge of Food MSEs in Bali, in https://w. id/posts/45949/mena kar-pengetahuan-halal-pelaku-umkmakanan-di-bali . September , 2. complicated by the Halal Supervisor and Fatwa Committee. Based on the above background, the author wants to try to discuss and examine the perceptions of business actors as well as the obstacles and obstacles encountered when applying for a halal certificate, both before and after the birth of Law Number 6 of 2023 concerning Job Creation in the view of Islamic economics, seeing the issue that is read that in obtaining a halal certificate for business actors, there are several problems, such as business actors who do not want to change the composition of their ingredients because the composition of the ingredients used has not been certified halal. The quota for submitting applications for halal certificates is limited, the process of issuing halal certificates takes a long time up to 6 . months while in Law Number 6 of 2023 it is clear and detailed that applying for a halal certificate does not require a long time, so the author pours it in the form of scientific work in the form of a thesis with the title "Perceptions of Business Actors and Obstacles to Halal Certificate Processing in Kuta-Bali Islamic Economic Perspective". Theoretical Framework Sharia Business Ethics Theory Islamic business ethics is a process and an effort to know the right and wrong things, its implementation prioritizes the aspects of the right product, the Company's service with interested parties. Therefore. Islamic business ethics is a benchmark for conformity between trade or business practices with universal Islamic The principles of Islamic business are contained in the Qur'an and Sunnah. These principles are also the difference between conventional business and Sharia business. 5 That is: Principle of Justice (Al-'i. Principle of Kindness (Al-ihsa. Principle of Responsibility (AlMas'uliya. Al-Kifayah (Sufficienc. Principle . Principle of Balance or Wasathiyah Principle . l-I'tidal, moderate, . Principles of Honesty and Truth (Ash-Shidi. This principle is the joint of noble morals, reflected in honesty is a fundamental ethical value in Islam, it is reflected in: The principle of prohibited transactions is that the contract must be firm, clear, and certain, both as to the object of the contract and the price of the goods. The transactions is prohibited. Any transaction that harms oneself as well as second parties and third parties is prohibited. The principle of prioritizing social interests, this principle emphasizes the common interests that must take precedence without causing individual harm. The principle of transactions containing usury is prohibited. Salim Hasan, "Ihtikar Practices in Review of Sharia Business Ethics Criticism", altafaqquh Journal. Number 2, (July 2. Amran Suadi. Settlement of Sharia Economic Disputes Discovery and Legal Rules, (Jakarta: PRENADAMEDIA GROUP, 2. , p. The principle of mutual consent, mutual willingness . , if the transaction is not fulfilled by the willingness of each party, then it can be interpreted as eating something by false means. The principle of no coercion. That is, each person has the free will to make a contract, without being subject to the implementation of any transaction, except for what must be done by the norms of justice and the benefit of society. The Principle of Benefit (AlManfaa. Written Principle (Al-kitaba. For each of the principles mentioned above, some values embody them, including the following: Divine Value (Ilahiyya. The divine values form the following . The world with all its contents belongs to Allah SWT and runs according to His will. So, ownership status implies that human rights to goods or services are limited. Allah SWT is the creator of all creatures, and all creatures submit to Him. Horizontally, faith in the last day . will affect human behavior in business activities. For example, someone will conduct business activities, then they will . ong-term This means that (Muslims especiall. in carrying out profit-seeking activities does not only think about momentary pleasure but always thinks about the good and bad consequences far into the future. The Value of Justice and Comprehensive Brotherhood . lAd. Income Distribution Fairness Score . Prophetic Value . l-Nubuwwa. Halal Certificate Theory Halal certificates in Indonesia have been implicitly recognized since 1976 by the Ministry of Health of the Republic of Indonesia, with the Decree of the Minister of Health of the Republic of Indonesia Regulation Number 280/Me. Kes/Per/XI/76 concerning Provisions for Distribution and Marking on Foods Containing Ingredients Derived from Pigs. The decree requires the inclusion of a special logo printed on each package or glued with a suitable adhesive to indicate that a food product contains Ten years after the issuance of the decree of the Minister of Health Regulation, the Government issued a Joint Decree of the Minister of Health and the Minister of Religion Number 42/Men. Kes/SKB/Vi/1985 Number 68 of 1985 concerning the Inclusion of Halal Writing on Food Labels. Initially, every food product was affixed with a label "Contains pork", which was finally replaced with a label that read "Halal", but the inclusion of the halal label was required after the manufacturer reported the composition of the ingredients and how to manage the product to the Ministry of Health (Depke. Supervision is carried out jointly by the Ministry of Health and Istianah and Gemala Dewi, "Maslahah Analysis on the Concept of Halal SeilDeclare Before and After the enactment of the Job Creation Law". Al Adl Jurnal Hukum. Number 1, (January 2. , p. the Ministry of Religion through the Food Registration Assessment Team of the Directorate General of Food and Drug Control of the Ministry of Health. 7 The birth of Law Number 33 of 2014 concerning Halal Product Guarantee, the implementation of halal certificates for each product is required by the Government, this is stated in Article 4, that "Products that enter, circulate, and are traded in the territory of Indonesia must be halal RESEARCH METHODS The method in this study uses phenomenological approach, which is a qualitative research method that grows and develops in the field of sociology. This research is also always focused on relationships with ordinary people in certain situations. Data collection was carried out starting with initial observations of the conditions of Kuta Village. Bali, where the majority of the people are Hindu and the area has excellent economic and tourism potential, which can invite business people and tourists, both from the island of Bali and outside Bali, to carry out economic and tourism Hayyun Durrotul Faridah, "Halal Certificates Indonesia: History. Development. Implementation". Journal of Halal Product and Research. Number 2, (December 2. , p. Law of the Republic of Indonesia Number 33 of 2014 concerning Halal Product Guarantee. Article 4. Nursapia Harahap. Qualitative Research, (North Sumatra: Wal ashri Publishing, 2. , p. activities, both Muslim and other Then the data sources come from primary sources with observation, interviews and documentation of several parties, such as conducting interviews with the Chairperson and Deputy Chairperson of the LP3H PW Muslimat NU Bali Province, 4 . Business Actor Assistants, 10 . Business Actors who have applied for halal certificate management both before and after the Job Creation La. in Kuta Village. Bali, where the interviews were collected and then describing it into units of analysis, then synthesizing it. RESULTS AND DISCUSSION Perceptions of Business Actors on Halal Certificate Processing Before and After the Enactment of Law Number 6 of 2023 from the Perspective of Islamic Economics Public perceptions in managing halal certificates can be classified into 3 . parts, namely: Halal important, especially when living amid a pluralistic society, even though the arrangement is not practical and takes a long time. Halal certificate processing is easy because it is assisted by P3H Halal certificate processing fees are free for MSEs. Each of the above points will be explained as follows. Halal important, especially when living amid a pluralistic society, even though the management is not practical and takes a long time. In sharia business principles, there is the principle of goodness . l-mas'uliya. , namely providing benefits to others and being accountable between individuals and individuals, and accountability to Meanwhile, protecting religion, soul, mind, and offspring is great. therefore, when business actors want to apply for a halal certificate to do business, contribute products to consumers, the halal certification process must go through a strict process, which is not practical, and must meet several requirements. One of the fiqh rules reads: Meaning: "Something of high value. Halal certificate processing is easy because it is assisted by P3H. During the process of applying for a halal certificate. Business Actors are assisted by P3H, both in making NIB (Business Identification Number which is a mandatory identity for business actors to carry out their business activities11 And is also the main requirement in submitting Khairuddin Habziz. Simple & Easy to Master 175 KAIDAH FIQH Equipped with Examples. Wisdom Rules and Tutorials for Using Books, print IV (Situbondo: Tanwirul Afkar, 2. , p. Agus Supriyo. Luluk Latifah. Muridah Isnawati, "Business Legality Assistance for Legal Protection for MSMEs at PCM Mitra Gunung Anyar Surabaya until the Issuance of Business Registration Number (NIB)". Borobudur Journal on Legal Services. Vol 4 No. , p. applications for halal certificate. , creating email. SiHalal accounts and inputting data until the submission of halal certificates to Business Actors, where P3H has implemented the principle of mutual assistance in terms of goodness as part of the principle of Islamic economics, as stated in the AlQuran letter Al-Maidah verse 2. AEaO eE a a ca aOEca eC O nOA a AOaa aOIa eOA. Meaning: Help yourselves in . good and in piety. In Islamic economic principles, what P3H does is beyond its authority, but this authority does not violate the applicable rules. Besides, there are no prohibitive rules. it also helps business actors to carry out the mandate of the law and helps carry out obligations, namely protecting religion, soul, mind, as maqosid sharia, and by the principles of Islamic economics, the principle of goodness (Al-Ihsa. The cost of processing halal certificates is free for MSEs, while for business actors who apply regularly, the costs are not affordable, and every few years, medium-sized business actors feel There are costs in regular submissions, of course, and there are Such as business actors have a variety of products that are not their products are risky or use materials that have not been confirmed halal . uch as using slaughtered ingredient. , the production process https://quran. id/quran/perayat/surah/5?from=1&to=120 cannot be confirmed halal, and how to store, manage, and distribute them. Obstacles Experienced by Business Actors in Processing Halal Certificates from an Islamic Economic Perspective The obstacles experienced by business actors during the process of obtaining halal certificates, both before and after the birth of Law Number 6 of 2023, can be seen in the following Barriers of the system Barriers from Halal Auditors Barriers from the Halal Fatwa Committee Table 1: Barriers to Business Actors in Processing Halal Certificates No. Source of Obstacles to Halal Certificate Processing Barriers Details Barriers Business Actors A There is no Muslim Halal Supervision for non-Muslim A Pets that are not caged, such as dogs. A Ingredient that you don't want to change. A Requests data correction followed up on A Forgot SiHalal Account have multiple A Unstable live in boarding Ket. A OVerses Halal that is not the system. A Unaffordable A The queue for certificates is very long. A Unscrupulous halal auditors who ask for beyond official A LLack scrutiny by the Fatwa Committee in examining the A The reason for returning the application is not explained in detail. A Rejection the application Based on the table, it will be explained in detail as follows. Barriers originating from Business Actors . Absence of a Muslim halal non-Muslim business actors Islam provides guidance to state leaders in making policies aimed at the welfare of the people based on a fiqh a E EO EO IIOA AEIAEA This means: "the leader's policy over his people depends on the benefit" means that every leader's policy is always based on the benefit and good of his people. The obstacles experienced by non-Muslim business actors are common, especially in the area of Bali, which is predominantly Hindu. If the business actor has a Muslim employee, he can be used as a halal supervisor. However, it will be different if the business actor does not have Muslim employees, he must find a religious organization that is willing to become a halal supervisor and so on, this has been done by one of the non-Muslim business actors who is looking for his halal supervisor from the nearest Islamic boarding school with the help of P3H, so that the process of applying for a halal certificate runs smoothly and consumers become safe with their Halal product guarantee is a legal certainty that guarantees the ingredients of food products, beverages, medicines, cosmetics, and other products are halal for consumption and use by consumers, especially those who are Muslim. Indeed, the Al-Quran and Al-Hadis have provided guidance on the criteria for the halalness of a product, namely halalan toyyiban. Ali Musthafa Ya'kub provides 5 . kinds of criteria for a food to be said to be halal, namely: . Good food and drink, which can be felt good by the soul or senses, does not make pain and is not disgusting, . does not harm, . does not contain Najis, . does not make drunk, . does not contain human organs. Non-caged pets, such as dogs Allah SWT put the shari'a to provide the best benefit to humanity both in the world and in the hereafter, which benefit is called mashlahah mursalah, benefits that are clearly stated in the Qur'an and Sunnah. As an example of appreciation and full attention of Allah SWT about the order to consume halal food, as stated in the Qur'an. Surah al-Baqarah verse 168: Ingredient composition that you don't want to change As already mentioned, the process of applying for a halal certificate must be strict and thorough according to Islam. Of course, for business actors who want to apply for halal certification, the proposed product must come from a composition of ingredients that have been certified Because it is impossible, halal products are made from haram or some ingredients that are still doubtful about their halalness. Because if something halal is mixed with something haraam, then what wins is something haram, as the fiqh rule says: Meaning: O mankind, eat of the lawful things of the earth, and follow not the steps of the devil, for he is a manifest enemy to you. Meaning: "When lawful and unlawful come together, the unlawful "14 A a E UEA a A aEEa eO aI caI aAO eEa eA a A eO a caO aN E caIA a A caO canO aE aca aa eO aA ac A EA AO e a aI a caIN Ea aE eIA a A OA A cUaO caI aOeIA Abdul Wahab, "Welfare in the Perspective of Islamic Economics". Journal of Masharif al-Syariah. Vol 5 No. , p. A I EUEE OEI E EIA Muhammad Harfin Zuhdi. Qawa'id Fiqhiyyah, (Mataram NTB: CV Elhikam Press Lombok, 2. , p. The principle of honesty and truth (Ash-Shidi. is one of the principles of business ethics, which reflects that . economic transactions must be firm, clear and certain, . transactions carried out do not harm, both to themselves and others, . prioritize social interests, which emphasize the common good. So that the obligations imposed on business actors, in the form of the composition of ingredients in each product, must be halal certified, are included in the principles of Islamic economics, because they are by the maqosid alsharia objectives. Unfixed production kitchen, for business owners who are running boarding houses Many business actors are not permanently domiciled, meaning that they are overseas in Bali Province. So, it is feared that when the business actor returns home, or moves places due to obstacles that require business actors to move places, resulting in halal certificates that have been issued must be updated due to different production locations, and must review whether the new production kitchen has met the locations and so on. The burdensome thing for business actors is that when they have to reapply for a halal certificate, regular business actors are required to pay a halal product inspection fee, the costs of which are sometimes affordable. Unlike the case for micro and small businesses, halal certificate service facilities are facilitated, free of charge, and accompanied by P3H. Barriers that come from the system As discussed, that the system has not fully assisted business actors in applying for halal certificates, such as imported halal products abroad have not been fully registered in the application so that business actors are required to change the ingredients, while business actors are already suitable for these ingredients because they match the taste and have been certified halal abroad. Second, regular applications for halal certificates, both before and after the birth of the Job Creation Law, are still done manually, are impractical, and business actors are required to write and input data manually, input the composition of ingredients and include halal certificates manually, because the data does not automatically bring up halal certificate documents on each Supposedly, data on every halalcertified product has been stored in the database, starting with data on composition, and halal certificate Making it easier for every business actor to input data into the For inspection, going directly to the field can be carried out strictly and thoroughly, but if the submission and input of data by business actors will complicate the service, it is necessary to upgrade the Barriers coming from Halal Auditors Islamic economics prescribes a well-ordered ethic in various economic activities, which makes the parties feel Islamic economics is based on the Quran and Sunnah. In Islamic economics, one of the principles is known as the principle of the prohibition of usury. In the context of managing halal certificates, ensure that there are no transactions that contain interest or bribes, gratuities, or even extortion. This is to maintain the integrity of the halal certification body so that it can provide fair and objective There needs to be supervision of the Halal Auditor from LPH, as well as information on gratuities, with socialization and provision of survey facilities for services during the processing of halal certificates, after the halal certificate is issued. As a material for the consideration and evaluation of the performance of the Halal Examining Agency. Obstacles coming from the Halal Fatwa Committee One of the purposes of sharia, according to Imam ash-Syatibi, is qashdu al-syari' fi wadh'i al-syari'ah al-ifham, namely, the rules of Allah SWT can be understood by his servants in two ways. First, sharia is determined using Arabic. Second, it is determined according to the conditions of the This means understanding the Muhammad Zaahidul Alim & Warsidi, "Pricing and Payment of Customer Receivables in the Perspective of Sharia Business Ethics (Case Study in the Magetan Leather Industry Environmen. Journal of Justisia Ekonomika. Vol. No. 2 (December 2. , p. Masitah. Esti Alemia Puspita. Erni Wiriani, "Sharia Economic Law Analysis of Free Halal Certification through Self-Declare Mechanism". EMT KITA Journal. No. , pp. sharia by learning Arabic and by understanding the conditions of the ummah around. Quoting the words of Imam AlQorofi in his book. Anwar al-Buruj wa Anwar Al-Furuq said: AOE I EO EIO AO EE OEA AIE E E E II O uCEOIEA AOAOE E N EO A EE OENA AI A EN OAN N OI A EEA A AN NO EC EOA. AOEIC AO EEA It means "Do not be Jumud . by only sticking to what is written in the books throughout your life, but if someone who is not from your area comes to you asking for a fatwa . egal opinio. , do not give a fatwa according to what is applicable in your area. Ask him about the customs of his region and give a fatwa by his customs, not the customs of your region or those written in your books. This, then, is the real truth. "17 As mentioned, the obstacle that comes from the Halal Fatwa Committee. Fatwa Committee, returns the application of business actors without clear reasons for up to several weeks. When the P3H Institute confirmed, only then did the Fatwa Committee issue its halal Obstacles originating from the Halal Fatwa Committee, of course, will have a detrimental impact on the community, especially business actors who need it quickly, for example, because of a big event, or business Yunus. Bahrussam, et al. Techniques for Examining Inheritance Suit Cases for Religious Court Judges, (UII Press Yogyakarta. April 2. , pp. actors who have been waiting a long time to be marketed to sales places that are souvenir centers. The Halal Fatwa Commission is responsible for providing a fatwa on whether the product is halal or not, which is taken into consideration by BPJPH to issue halal certificates submitted by micro and small business This is related to a hadith that e aAOcaA AeAA a aua a A e a aIIaa Aa eI aa e EcaA a Aa Ca aE aEOA AO ae a eN aE aNA a Aa e a eI a uaEaOA ac a A a aN Ca aE uaa aOA a AA a aAuA a. a a eI aa e EcaA Meaning: "When the trust is lost, then wait for the apocalypse. The man (Arab Bedoui. asked 'How is the loss of the mandate?' The Prophet SAW answered 'If an affair is handed over not to the expert, then wait for the end of the world' ". CONCLUSION The perception of business actors towards obtaining halal certificates is impractical, full of strict requirements, starting with data collection of ingredients that are required to have halal certified ingredients, detailed production flow, private kitchens and production kitchens that must be separate, but the Halal Product Process Assistance accompanies and assists the submission process from making a Business Identification Number, . creating an account, inputting data until the halal certificate is issued, making it easier for business actors. The strictness of the halal certification process must be carried out because it is related to maqasid sharia, so that it is by Islamic economic principles. Obstacles and obstacles in obtaining halal certificates come from 4 . things, namely business actors. Halal Auditors. Halal Examining Institutions, and Fatwa Committees. Obstacles originating from a system that still seems manual, unscrupulous Halal Auditors who ask for services outside of official fees, and the Halal Fatwa Committee for not being thorough, of course, this causes losses for business actors who apply for halal certificates. And this is contrary to the principles of Islamic economics. BPJPH is to be more innovative in developing the SiHalal application, because in regular submissions, data entry is manual. Supposedly, when mentioning the name of the ingredients and the brand, the halal certificate document appears there automatically, no need to manually input the ingredients, certificate number, and so Supervision of officers involved in the halal management process of business actors. As well as conducting socialization to all business actors, both those who are halal certified and those who will apply, about reporting officers who take deviant actions REFERENCES