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ISBN : 978-602-72418-2-4

International Seminar Pokjanas TOI

Faculty of Pharmacy Pancasila University 21

ISSUES OF HALAL STANDARDIZATION OF FOOD, DRUG AND

COSMETIC FOR THE IMPLEMENTATION THE MANDATORY OF

HALAL CERTIFICATION ACCORDING TO HALAL PRODUCT

GUARANTEE NUMBER 33 YEAR 2014

Dr. Muhammad Yanis Musdja, M.Sc Email : m [email protected]

Former of Head of Study Program of Pharmacy, Islamic State University, Jakarta

Former Dean of School of Pharmacy Muhammadiyah, Tangerang

Chairman of Indonesian Halal Products Foundation

ABSTRACT

INTRODUCTION: Indonesian parliament has ratified law of the Halal Products Guarantee (LHPG)

number 33 year 2014 (Undang-undang Jaminan Produk Halal No. 33 Tahun 2014) on September 25, 2014

ago. The basic principles on LHPG No. 33 Year 2014 is the change of halal certificate from voluntary becomes mandatory for food, drug and cosmetic, which will begin in 2017 and will be implemented

gradually in Indonesia. For the implementation of halal certification mandatory, the Indonesian government does not yet have halal standardization, especially for drugs and cosmetics, and already there are some

standardization of halal for food made by Majelis Ulama Indonesia (MUI). OBJECTIVES: How to

prepare Halal Standardization for the implementation of LHPG No. 33 Year 2014, so that mandatory halal certification for food, drug and cosmetic can be implemented in Indonesia. ANALYSIS ISSUES AND

CHALLENGES: Halal standardization must exist in order to implement of LHPG No. 33 Year 2014. To

be able to make halal Standardization, necessary Muslim pharmacists and other experts that so much know halal Standardization. Based on the SWOT theory, it can be said briefly about: STRENGTHS; Islamic

concept for consuming Halalanthoyyiban food is the best concept not only for Muslims but for all mankind. WEAKNESS: Until now, Indonesia does not have halal standardization of food, drug and cosmetic.

OPPORTUNITIES: Make halal standardization is a good opportunity to make the food, drug and

cosmetic that qualified in accordance with halalanthoyyiban concept in Islam. For make halal standardization can do verification food ingredients that exist on the Codex Alimentarius, Pharmacopoeia

and standards books for food, drugs and cosmetics. THREATHENS: On Article 56 and 57 of this LHPG,

there are severe legal sanctions for Industry Player and everyone that involved in the implementation of process Halal Products Guarantee shall be punished with imprisonment for a maximum of 5 (five) years or a

fine of Rp 2,000,000,000.00, (two billion rupiah), if there is no halal standardization, the article No. 56 and 57 of LHPG No. 33, year 2014 can not be executed. CONCLUSION: Halal standardization should be made

as soon as possible, if it is not exist. LHPG No. 33, year 2014 can not be implemented. The easiest way to

create a standardization of halal with a faster time, low cost and easily understood and accepted by the international community is with do clarification about halal, mubaah, makruh or haram of material content

in the book Codex Alimentarius for food and the book Martindale & Indonesia Pharmacopoeia for drugs and

cosmetic.

Key Words: Halal food standardization; Halal drugs standardization; Halal cosmetics standardization;

LHPG No. 33 year 2014; Muslim pharmacists law experts.

ISBN : 978-602-72418-2-4

International Seminar Pokjanas TOI

Faculty of Pharmacy Pancasila University 22

INTRODUCTION

As it is said in the Quran on surah Al Baqarah verse 168, “O mankind, eat from whatever is on earth that is

lawful and good (Halalan thayyiban) and do not follow the footstep of Satan. Indeed, he is to you a clear

enemy”. Verse in the Qur'an mentioned above, emphasize, that consuming of halal food and good

(Halalanthoyyiban) is an obligation not just for Islamic people but for all mankind. As has been shown,

according to evidence based medicine, that due to consuming of Haram foods, such as, alcohol, pork, beast

animal, blood, disgusting animal and animals were slaughtered in a way not true, all of this haram food will

have an adverse effect to the people who had consumed it. On the other hand, in Quran, Surah Al A’raaf

Verse 31, “O Children of Adam, take your adornment at every place of worship, and eat, and drink, but

do not overdoses. Certainly, He (Allah) loves not the extravagant” The meaning of eat and drink do not

overdoses in this verse is Standardization. Therefore, eat food, drugs and cosmetics are not standard is

dangerous and may disturb of health. Because of standardization of food, drugs and cosmetics are mandatory in Islam, then this provision is set in law of the Halal Products Guarantee (LHPG) number 33 year 2014 (Undang-undang Jaminan Produk Halal No. 33 Tahun 2014)

On the other hand at Article 56 of LHPG No. 33 Year 2014: Industry Player that does not keep halal

products have gained the Halal Certificate referred to in Article 25 letter b shall be punished with imprisonment for a maximum of 5 (five) years or a fine of Rp 2,000,000,000.00 (two billion rupiah ). At

article 57 of LHPG No. 33 Year 2014: Everyone involved in the implementation of process Halal Products

Guarantee that is not maintain the confidentiality of formulas that contained in information is submitted by industry player as referred to in Article 43 shall be punished with imprisonment for a maximum 2 (two)

years or a maximum fine Rp. 2,000,000,000.00 (two billion Rupiah).

Due to the fairly heavy sanctions to industry players and Everyone involved in the implementation of

process Halal Products Guarantee, then, there will be many disputes in the implementation of mandatory Halal in the future. To be able to resolve the dispute with justice certainly needed Halal Standardization

for food, drugs and cosmetics. If standardization of halal for food, drugs and cosmetics can not be determined, the implementation of the LHPG number 33 year 2014 will fail.

On one side, standards are essential tools for local and international businesses, which shape the

contribution of economic progress through industry development and trade, as well as, a guideline in the

assurance of consumer protection. On the other hand, standards are able to be eliminators of trade barriers, which means that, they play a critical role to facilitate goods and services exchange across borders. Orriss

and Whitehead (2000),

On the other hand, Halal logistics is a new phenomenon, driven by the halal industry to extend halal from source to the point of consumer purchase, to ensure the integrity of the halal product for the end- consumer and export markets. The large discussion group shows that the conventional logistics handling of halal

products does not provide sufficient assurance for the Muslim consumer in both Muslim and non-Muslim

countries. Tieman, M. (2011).

ISBN : 978-602-72418-2-4

International Seminar Pokjanas TOI

Faculty of Pharmacy Pancasila University 23

METHODS

Make a compilations or attachment to the standard book for food, drugs and cosmetics by doing the

clarification of these materials are halal, mubaah, makruh or haram with make the selection of a few books,

to obtain book which more appropriate for clarification. Clarification of these materials carried out by Majelis Ulama Indonesia (MUI) in cooperation with experts of Pharmacy and other experts who are familiar with standardization of halal.

RESULTS

Results of the main choice of books to make a compilation or an appendix on halal standards are:

1. Codex Alimentarius new edition for food

2. Martindale new edition and Indonesian Pharmacopoeia new edition for drugs and cosmetics

DISCUSSION

Make books for the standardization of halal food, drugs and cosmetics are a very difficult job, need a long time and need very expensive cost. If we take a lesson from the history of the making of books Codex Alimentarius, the present, it takes about 52 years to become a book as it is now. The making of this book are result of synergy of several countries. Which is regulated by the Food Administraion Organization (FAO)

The Codex Alimentarius (Latin for "Book of Food") is a collection of internationally recognized standards,

codes of practice, guidelines and other recommendations relating to foods, food production and food safety. The Codex Alimentarius covers all foods, whether processed, semi-processed or raw. In addition to

standards for specific foods, the Codex Alimentarius contains general standards covering matters such as

food labeling, food hygiene, food additives and pesticide residues, and procedures for assessing the safety of foods derived from modern biotechnology. It also contains guidelines for the management of official

i.e. governmental import and export inspection and certification systems for foods.

Advantages the using of result clarification (halal, mubaah, makruh and haram) ingredients of

Codex Alimentarius book as Halal Standart for food:

Indonesia can make a book that integration Halal Standart with Thayyiban Standart become

Halalanthayyiban Standart

Readily accepted by every country and the international community, because the Codex Alimentarius is the

main book used as a standard book for food by countries that are members of FAO and WHO. Provide

substantial economic benefits, because Indonesia does not need to spend a huge cost to conduct research by

spending big to establish halal Standart

Indonesia only needs to perform the clarification of ingredients which foods are halal, mubaah, makruh and

haram in the Codex Alimentarius and add it as a compilations or attachment in the book.of codex

alimentarius.

Halal standart that exist on compilations or attachment on the codex alimentarius will easily be used as a manuals halal standards by any countries in the world, therefore the book codex alimentarius is the worldwide

for food standard thayyiban

ISBN : 978-602-72418-2-4

International Seminar Pokjanas TOI

Faculty of Pharmacy Pancasila University 24

Advantages the using of result clarification (halal, mubaah, makruh and haram) ingredients of

Martindale book as Halal Standart for drugs and cosmetics, because of Martindale book contains

:

Monographs on drugs and ancillary substances, listing over 6,000 monographs arranged in 49 chapters based on clinical use with the corresponding disease treatment reviews. Monographs

summarize the nomenclature, properties, and actions of each substance. A chapter on supplementary drugs and other substances covers some 1190 monographs on new drugs, those not easily classified,

herbals, and drugs no longer clinically used but still of interest. Monographs of some toxic substances

are also included.

Preparations - including over 180,000 items from 43 countries and regions, including China.

Directory of Manufacturers listing some 20,000 entries.

Pharmaceutical Terms in Various Languages: this index lists nearly 5,600 pharmaceutical terms and routes of administration in 13 major European languages as an aid to the non-native speaker in

interpreting packaging, product information, or prescriptions written in another language.

General index: prepared from 175,000 entries it includes approved names, synonyms and chemical names; a separate Cyrillic section lists nonproprietary and proprietary names in Russian and Ukrainian.

Advantages the using of result clarification (halal, mubaah, makruh and haram) ingredients of

Indonesia Pharmacopoeia as Halal Standart for drugs and cosmetics, because of Indonesia

Pharmacopoeia book :

Indonesia Pharmacopoeia is book standard used by the Indonesian people for drugs and cosmetics.

Indonesia Pharmacopoeia using Indonesian language. therefore it is easily understood by the people of

Indonesia.

On the other hand, at this time. There is one institution that made under Organization for Islamic Cooperation (OIC). The name of institution is Standardization and Metrology of Industry for Islamic

Country (SMIIC). Headquarters of SMIIC is located in Istanbul turkey. Because of this new institution was

founded in 2011 ago. then they also have not been able to make halal standardization manual that can be used as a standard for food, drugs and cosmetics. Then, Indonesia has not been able to use the halal standard

from the SMIIC.

To be able to do the work above, should be started immediately. Therefore clarification halal, mubaah,

makruh and haram for thousands of food drugs and cosmetics is not easy. Therefore, there are some ingredients of food, drugs and cosmetics that are difficult to set their status.

5. CONCLUSION

1. To be successful implementation of law of the Halal Products Guarantee (LHPG) number 33 year 2014, where its implementation will begin in early 2017. Then, Halal standardization should be made as soon as possible, if it is not exist. LHPG Number 33, year 2014 can not be implemented.

2. The easiest way to create a standardization of halal with a faster time, low cost and easily understood and accepted by the international community is with do clarification about halal, mubaah, makruh or haram of material content in the book Codex Alimentarius for food and the book Martindale & Indonesia Pharmacopoeia for drugs and cosmetic.

ISBN : 978-602-72418-2-4

International Seminar Pokjanas TOI

Faculty of Pharmacy Pancasila University 25

REFERENCES

1. Yanis Muhammad, Musdja, Majalah SWARA FBN, Edisi 1, Juni Juli 2015, ISSN: 2443-

1982,Bahaya Mengkonsumsi Makanan Haram Ditinjau dari Aspek Ilmiah Medis (Harmful of

Consuming Food Based on Evidence Based Medicine)

2. Law of the Halal Products Guarantee (LHPG) number 33 year 2014 (Undang-undang Jaminan Produk Halal No. 33 Tahun 2014).

3. Al Quran, Terjemahan Kementerian Agama RI 2003.

4. Orriss, D. G. and J.A. Whitehead, 2000. Hazard Analysis and Critical Control Point (HACCP) as a Part of an Overall Quality Assurance System in InternationalFood Trade. Food Control, 11: 345- 351

5. Tieman, M. (2011). The application of Halal in supply chain management: in -depth interviews. Journal of Islamic Marketing, 2(2), 186 195.

6. CODEX Alimentarius: Understanding Codex". FAO and WHO. 1999. Retrieved 6 September 2012

7. Martindale : The Complete Drug Reference Thirty-eighth edition.

8. Farmakope Indonesia edisi V, Tahun 2014.

9. OIC/SMIIC 2:2011, for Bodies Providing Halal (with the references

of ISO/IEC 17020, ISO/IEC 17021, ISO/IEC 17025, ISO/TS 22003 + Islamic Fiqh Rules),