Harmonisasi Regulasi Jaminan Produk Halal dan Maṣlaḥah Mursalah

Abstract

This research focuses on a critical analysis of the implementation of Law No. 33 of 2014 concerning Halal Product Assurance (JPH) as a form of state intervention in the Indonesian halal economy, assessing its compliance with the principles of maslahah mursalah and its implications for the state's role in the process of economic Islamization. This research employs normative legal methods with a conceptual and case-based approach, analyzed through the theoretical framework of ushul fiqh (Islamic jurisprudence), specifically maslahah mursalah. The results indicate that although the JPH regulation aims to protect the interests of Muslim consumers (hifz al-din), its universal and bureaucratic application has the potential to generate significant harms, including economic burdens for MSMEs, administrative complexity, and the risk of commodifying religious values. From a maṣlaḥah mursalah perspective, the expected benefits have not convincingly outweighed the harms caused, particularly to vulnerable business groups. This article contributes by offering a critical-normative evaluation that bridges Indonesian positive law and classical Islamic legal theory, enriching contemporary public policy discourse on the limits and ideal role of the state in regulating the religious and economic spheres.