Kewajiban Sertifikasi Halal pada Produk Obat dan Farmasi Pasca Undang-Undang Cipta Kerja: Pendekatan Hukum Positif dan Maqashid al-Syariah

Abstract

Halal certification of pharmaceutical products in Indonesia faces complex challenges following the enactment of the Job Creation Law, which amended several provisions of Law Number 33 of 2014 on Halal Product Assurance. This study aims to analyze the juridical problems of mandatory halal certification for pharmaceutical products and examine them within the framework of maqashid al-shariah. The method employed is normative legal research utilizing statute, conceptual, and analytical approaches. The findings reveal five fundamental juridical problems: regulatory disharmony creating overlapping authority between BPJPH and BPOM; the inappropriateness of the self-declare mechanism for pharmaceutical products requiring scientific verification; the absence of strict and proportional sanctions; limited institutional capacity; and the conflict between mandatory halal certification and the availability of essential medicines. From the maqashid al-shariah perspective, a conflict arises between hifdz al-din and hifdz al-nafs at the dharuriyyah level, resolved through the tarjih mechanism based on the principle of al-dharurat tubih al-mahzhurat. This study formulates an integrative legal construction encompassing a gradual approach, an assisted self-declare model, strengthened institutional coordination, a dharurah-based exception mechanism, and a progressive sanction system to achieve just and beneficial regulation.