Halal Certification and Public Morality in the Frame of GATT-WTO 1994 Neni Ruhaeni (First and Co-Author)- Eka An Aqimuddin (Second Author)- Hadian Afriyadi (Third Author)
Faculty of Law, Bandung Islamic University
Abstract
The majority of Indonesian are Moslems. Constitutionally, the state has an obligation to guarantee the implementation of Islamic law, such as a guarantee for halal food products. The Act Number 33 of 2014 concerning Halal Product Guarantee was formed to fulfil this obligation by providing assurance that food products circulating in Indonesia must wear a halal certification. However, this action is considered contrary to the principle of non-discrimination in the frame of GATT-WTO 1994, even though the GATT-WTO provides an exception to the application of this principle if it is to protect public morality. As Indonesia is a member state of WTO. One of the obligations of WTO member countries is to eliminate discriminatory treatment in international trade. Hence, the interpretation of public morality in the frame of GATT-WTO in accordance with halal certification has been the main research problem. This study used normative legal research, which was primarily based on the secondary data by way of conducting library research. The study will answer the problem of whether the guarantee of carrying out religious orders is included in the category of public morality in the GATT-WTO.
Keywords: Halal Certification, Public Morality, GATT-WTO 1994
Topic: Law and Ethics in Terms of Islamic Perspective
