Review Paper
Year: 2020 | Month: March | Volume: 7 | Issue: 3 | Pages: 473-476
The Implementation Problems on Application Law Number 33 Year 2014 about Halal Product Guarantee (Study of Medicinal Products)
Fitri Rafianti1,2
1Lecturer at Social Science Faculty, Universitas Pembangunan Panca Budi, Medan, Indonesia, 20122
2Doctoral Student at Postgraduate Program, Universitas Islam Negeri Sumatera Utara, Medan, Indonesia, 20371
Corresponding Author: Fitri Rafianti
ABSTRACT
By the implementation of Law No. 33 year 2014 concerning Halal Product Guarantee, it mandates that any existing products must be halal. The meaning of product is "goods and/or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetic manipulation products, as well as used things that are worn, used, or utilized by people". Article 4 of the Law stipulated that "Products which entered, circulated and traded in the territory of Indonesia must be halal-certified". By normative side, both articles are clearly stipulated that medicine that was imported, circulated and traded in Indonesian must be guaranteed its halal status. This paper will look at the aspect which aims to find out the problem in the implementation of Law Number 33 year 2014 concerning Halal Product Guarantee and the role of the government in the success of Law Number 33 year 2014 concerning Halal Product Guarantee in Indonesia. Looking at the purpose of the formation of Law No. 33 year 2014 concerning Halal Product Guarantee and the obstacles deal with its implementation, then looking at the extent of the government's role in the success of Law No. 33 year 2014 concerning Halal Product Guarantee in Indonesia. The provisions concerning exemptions related to the use of non-halal medicine in certain conditions are not sufficiently regulated in Law Number 33 year 2014. For this reason, at the Government level, it is necessary to stipulate more detailed and operational rules regarding the provisions regarding medicine and treatment in order to remain related with the provisions of Islamic law, and not to complicate people, and not to be a problem with the provisions in Law No. 33 year 2014 concerning Halal Product Guarantee. Because the reality happened in society is that there are still products contained hazardous substances which will have an impact on health, while the normative rules regarding halal conditions in medicinal products are clearly illustrated in the Qur'an and the Hadith. The provision applies in normal conditions (fi halat al-ikhtiyar). However, in certain situations, it is possible to consume things that are unclean and forbidden, because there is a greater purpose, preventing the occurrence of more fatal dangers, such as disability, serious illness, to death. This abnormal conditions will apply special laws. With the applying of those regulation above, it means all provisions related to the use of drugs must be halal certified because if it is not halal-certified, then it certainly violate the rules set by the government through Law No. 33 year 2014.
Keywords: Implementation Problems, Law Number 33 Year 2014
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