Electronic Theses and Dissertation

ZOURA JUNITA
KHASAHAB,

2017
ABSTRACT

THE IMPLEMENTATION OF HALAL FOOD
LABELING BASED ON THE TECHNICAL
BARRIERS TO TRADE (TBT) AGREEMENT
BY INDONESIA
Faculty of Law, Syiah Kuala University
(61,) pp,.bibl.

Wardah , S.H., M.H., L.LM.

The World Trade Organization (WTO) is an international multilateral trade
organization that sets rules between nations with members around the world. It has
regulated the Technical Barrier to Trade (TBT) Agreement as source of law for its
members in decided technical regulations, standards and conformity assesment
procedures. Technical regulations and Standard deal with terminology, sysmbol,
packaging, marking and labeling requirements. Meanwhile there is Halal, an arabic word
means allowed and lawful, which products characteristic that provides information
especially, Muslim as major consumers, that a product can be consumed and qualified if
it put on halal label. Food labeling framework aims to regulate different interest and by
providing halal label it gives information and fulfill consumer rights for certain
consumers. The focus of the research is to overiew how label and standard based on TBT
Agreement and How Indonesia implemented halal label due to Indonesia Law No. 33 of
2014 about Jaminan Produk Halal, some product enter Indonesia market needed into
Indonesia halal standard.
This research is conducted under normative method. The data is accumulated from
primary resources such as Law and Regulation, than secondary resources including legal
text book, journal and paper, thus with tertiary resources such as dictionary.
The TBT Agreement has no explicit defined the term of TBT, there is only
definitions of the main elements, such as technical regulation, standard and conformity
assessment procedures. The term of TBT refers to mandatory technical regulations and
voluntary standards that define spesific characteristic a product should have. The WTO
members given authorizing by the TBT to take such measures for consumer interest but
based to some basic principles and does not violance TBT Agreement. Halal label on
products especially food is information display of written that allowed Muslim to
consume based on it is believe. In the WTO there are no special arrangement that regulate
such halal matters, but the WTO recognizes the Codex Alimentarius and refers it as an
international standard. Codex Alimentarius has been regulate general guidelines for uses
of the term Halal since 1997. The TBT Agreement does not mention by name the
standard-setting institution, the standards of which it recognized. However according to
article 2.4 of TBT simply calls on countries to use international standard every time
relevant international standard exist.
Indonesia law No. 33 of 2014 about Jaminan Produk Halal begins transformation of
halal label in Indonesia market. Which changed halal voluntary labeling into halal
mandatory labeling, effected parties, herein Brazil which requesting consultation in 2014.
Furthermore, with enacted law No. 33 of 2014 about Jaminan Produk Halal, it also
changed the authority of related halal. Whereas before, the one and only one has
authority for decided halal label until certifiated halal label handle by the MUI, but
nowaday with law No. 33 of 2014 about Jaminan Produk Halal will separating the power

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