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Prospects for the Development of Halal, Thoyib, and Hygienic Food Production During the New Normal Covid-19 Period as Supporting Pillars of National Food Security Muhamad Muslih; Ferina Ardhi C
Unram Law Review Vol 5 No 2 (2021): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v5i2.184

The background of this research is that the government claims that the Covid-19 pandemic has actually increased consumer awareness on the consumption of halal products, ranging from food products, beverages, traveling, to cosmetics. The government also seeks to increase awareness of the development of halal and thoyib products. This is supported by the data the authors obtained from various literatures. The legal issues raised in this study are formulated into several problem formulations, namely whether regulations and supervision regarding the development of halal products in Indonesia can meet all sharia principles regarding halal, toyib, and hygienic considering that Indonesia is a muslim majority? How is the process of developing the ability of producers and SMEs in Indonesia in developing halal products? How is the category of halal certification for products in Indonesia as one of the important categories for food products to meet the principles of halal and thoyib? Based on this formulation, this study analyzes the regulation and supervision of halal product development, halal product development process, and categories of halal, thoyib, and hygienic food products that are in accordance with LPPOM MUI halal food standards so that these products can be certified as halal products. The purpose of this research is to be able to develop halal, thoyib, and hygienic food production during the Covid-19 period as a supporting pillar of national food security. The method used is the normative juridical research method. This research is descriptive research with the source of the data used in this study was obtained from library research. The results of this study, namely the data that the authors obtained indicate that there has been an increase in public awareness on the consumption of halal products, ranging from food products, beverages, traveling, to cosmetics during the Covid-19 period. In line with this, the government also continues to strive to increase awareness of the development of halal and thoyib products.

Peran Fikih Indonesia dalam Modernisasi Hukum Islam (Perspektif Undang-Undang Nomor 1 Tahun 1974) Muhamad Muslih
Nurani Hukum Vol. 2 No. 1 Juni 2019
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v2i1.5477

There are several views of thought that hinder the process of developing Islamic law, even they argue that Islamic law cannot be developed. Joseph Schacht (1955) argued that the purpose of Muhammad SAW was appointed as a Prophet not to create a new legal system, but to guide humans to be able to go to heaven. Muhammad Khalid Mas'ud (1955), Asaf Ali Asghar Fyzee (1955), and Yahya Harahap (2003) argue that the process of modernizing Islamic law cannot be done by everyone, because it requires certain skills to do it and there are limits to objects that cannot be modernized. Islamic law is not a law in the sense of modern law.This study aims to prove that Islamic law in Indonesia always develops according to the needs of the society. Hasbi Ash-Shiddieqy (1975) argue that Islamic law is an attempt by legal experts to apply the Sharia to the needs of the society. ‘Fikih Indonesia’ initiated by Hasbi Ash-Shiddieqy has an important role in the process of modernizing Islamic law in Indonesia.The research method used in this research is Descriptive Qualitative and research data sources are classified as Library Research. The approach used is a Socio-Legal and Normative Juridical Approach. Primary data sources are Hasbi Ash-Shiddieqy's books and Undang-undang No. 1 Tahun 1974. Secondary data sources used are all writings, journals, books, articles, and other sources that are relevant to the discussion.The results of this study that Islamic law in Indonesia always develops according to the needs of the society. In terms of history, the role of ‘Fikih Indonesia’ initiated by Hasbi Ash-Shiddieqy has a very important role in the process of modernizing Islamic law in Indonesia. Because ‘Fikih Indonesia’ became the idea of the Draft Undang-undang Nomor 1 Tahun 1974. So there are many similarities between Undang-undang No. 1 Tahun 1974 and ‘Fikih Indonesia’. Keywords: Islamic Law, Modernization, Fikih Indonesia

The Effectiveness Of Government Regulation Concerning Marriage Recording For Baduy Banten Believers Muhamad Muslih; Eki Furqon
Nurani Hukum Vol. 4 No. 1 Juni 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i1.9622

The aim of this research is to know some descriptions of the situation, conditions, circumstances, and realities of population administration management and marriage registration in the Baduy community. Then another goal is to know how the role of the government is to overcome this. The specific target to be achieved from this research is to ensure that the Baduy community can complete their population administration and be more maximal in registering their marriage to the KUA and having a marriage certificate as a manifestation of obedience to Law Number 1 of 1974, especially Article 2 paragraph 1 and paragraph 2 and National Law. For more than 40 years, believers of faith have been discriminated against and cannot legally register their marriage because they have to marry based on one of the religions recognized by the state. A few moments later Joko Widodo issued Government Regulation (PP) Number 40 of 2019 concerning Implementation of Law No. 23 of 2006 concerning Population Administration, one of which recognizes and regulates the procedures for marriage between religious believers. The issuance of this PP eliminates the discrimination that has so far been experienced by believers. Believers of faith experience discrimination to get population services as Indonesian citizens (WNI). This raises various problems in the form of discrimination in making e-ID cards, registration of marriage certificates, and others. The research method used is by using the juridical normative and sociological normative approaches. Juridical Normative in the form of discussion of several laws and regulations made by the government which are enforced to regulate population administration and marriage registration for believers. Sociological Normative Research on law constructs law as a system of statutory regulations that have existed so far constructed in a society's behavior. The research specification used is descriptive analytical which aims to describe, analyze, and systematically analyze certain facts. The data in this study were collected and compiled in a narrative form and then analyzed qualitatively. Sources of data used in this study were obtained from Library Research. This study also uses primary and secondary data sources which are analyzed using qualitative methods, with data collection techniques from literature studies and field studies to Baduy. Interviews and observations were conducted to obtain the necessary data. The results of the study show that Government Regulation Concerning Marriage Recording For Baduy Banten Believers has not been effective. Socialization from all parties regarding this Government Regulation to the KUA leader of the Ciboleger area and the Banten Baduy people must be carried out because even though the government has facilitated Population Administration and marriage registration for believers in Government Regulation Concerning Marriage Recording For Baduy Banten Believers, in reality this has not been effective.

MUI HALAL CERTIFICATION ON MILKFISH SATAY AS AN EFFORT TO SUPPORT NATIONAL FOOD SECURITY Palmawati Tahir; Muhamad Muslih; Rani Sri Agustina
Legal Standing : Jurnal Ilmu Hukum Vol 4, No 1 (2020): Maret
Publisher : Universitas Muhammadiyah Ponorogo

This study described the process of making milkfish satay which generally could be only for three days. Several trials were conducted for examining the level of expired milkfish satay and the result showed that milkfish satay could be for one week and one month even in cold temperatures (chiller/ freezers), it could be for three months. Because the resilience of this milkfish satay had been tested, this would certainly have positive impact on the producers. Besides, Indonesian Council of Ulama (Majelis Ulama Indonesia (MUI)) halal certification on some products was also considered very important because it would give confidence for people who would consume milkfish satay. The problem was there were some milkfish entrepreneurs who did not register their product, so they didn’t have halal certification. Besides, some milkfish satay entrepreneurs who had halal certification did not update it. The result of this study indicated that some milkfish satay entrepreneurs did not register their product. Therefore, they did not have halal certification from Indonesian Council of Ulama (Majelis Ulama Indonesia (MUI)). In addition, some milkfish satay entrepreneurs who had halal certification did not update it due to various reasons. Furthermore, this study was a qualitative and analytical descriptive study and it used primary and secondary data sources. Data sources were obtained from library and interviews with the milkfish satay entrepreneurs.

KAJIAN HUKUM PSBB DAN LOCK DOWN TERHADAP KONDISI KETAHANAN PANGAN DI PROVINSI BANTEN ruli sahrul mucarom
Legal Standing : Jurnal Ilmu Hukum Vol 5, No 2 (2021): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v5i2.3681

Meluasnya wabah Covid 19 menimbulkan berbagai macam efek terhadap tatanan kehidupan bermasyarakat, terutama sektor ekonomi yang paling besar terkena imbasnya. Hal ini terjadi seiring dengan pemberlakukan berbagai macam regulasi yang mengakibatkan pembatasan besar-besaran mobilitas manusia maupun kegiatan-kegiatan perkonomian yang mengakibatkan banyaknya orang berkumpul dibatasi, penjual-penjual bahan pokok tutup, dan lain-lain. Penelitian ini menjelaskan tentang pelaksanaan PSBB dan lockdown di Provinsi Banten. Penelitian ini akan mengkaji secara detail mengenai upaya pemerintah dalam meredam Covid 19, akan tetapi dengan tidak mengindahkan aspek ekonomi sebagai salah satu pilar ketahanan pangan masyarakat Banten. Tujuan yang ingin dicapai dari penelitian ini adalah agar dapat diketahui dampak positif dan dampak negatif dari kebijakan PSBB dan lock down baik masyarakat ekonomi menengah ke bawah maupun masyarakat ekonomi menengah ke atas di daerah Banten.

Praktek Pengalihan Tanah Secara Nominee Dalam Mewujudkan Ketahanan Pangan Di Provinsi Banten Aris Suhadi; Muhamad Muslih; Anne Gunawati
MADINAH Vol 7 No 2 (2020): Madinah: Jurnal Studi Islam
Publisher : INSTITUT AGAMA ISLAM TARBIYATUT THOLABAH LAMONGAN, INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

A nominee or trustee agreement is an agreement that uses power, namely an agreement that uses the name of an Indonesian citizen and the Indonesian citizen submits a power of attorney to a foreign citizen to be free to carry out legal actions on the land they own. The nominee agreement is often also referred to as a representative or borrowing a name based on a statement or power of attorney made by both parties, a foreigner borrows the name of an Indonesian citizen to include his name as the owner of the land on the certificate, but then an Indonesian citizen based on the statement deed he makes denies that the actual owner is a foreign citizen as the party who issued the money for the purchase of the land and the control is carried out or represented by the foreign citizen. The validity and binding power of the nominee agreement cannot be separated from the provisions of Article 1320 and Article 1338 of the Civil Code. If the nominee agreement has taken into account and fulfilled the legal requirements of the agreement according to Article 1320 of the Civil Code and based on the provisions of Article 1338 of the Civil Code, then the nominee agreement has binding force for the parties. Based on the principle of pacta sund servanda that the agreement made by the parties, including the nominee agreement has binding force as law for those who make it. This study describes the practice of land transfer by nominee in realizing food security in the province of Banten. This research is also to find out, examine and develop alternative policies related to efforts to optimize the potential of agricultural land used for food utilization. The long-term goal to be achieved from this research is that this research aims to seek land management and use to support food security in Banten and national food security. Food products in Banten can not only meet the needs of their own region, but can also meet the needs of National Food and even for export commodities to foreign countries. The specific target to be achieved from this research is to seek to know the Nominee Land Transfer Practices in Banten Province, both in terms of the quantity of practice and from local government regulations in dealing with these problems. This research uses Sociological Normative and Juridical Normative legal research methods. This research is descriptive analytical and uses primary data sources and secondary data sources. Descriptive in this research in the form of a description of the situation, conditions, circumstances, and the reality that exists then analyzed what the problem is in order to find a solution to the problem. Sources of data used in this study were obtained from Library Research (Library Research). Normative Jurisdiction in this study is a discussion of several laws and regulations made by the government that are enforced. Sociological Normative Research on law constructs law as a system of laws and regulations that have existed so far and then constructed in a society's behavior.

Efektifitas Pikukuh Baduy Tentang Perkawinan Kebal Cerai Bagi Masyarakat Adat Baduy Jarkasi Anwar; Muhamad Muslih
MADINAH Vol 8 No 1 (2021): Madinah: Jurnal Studi Islam
Publisher : INSTITUT AGAMA ISLAM TARBIYATUT THOLABAH LAMONGAN, INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/madinah.v8i1.1331

The Baduy indigenous people as one of the ethnic groups in Indonesia have various unique and diverse cultural characteristics. The ethnic groups in Banten do not recognize divorce. Baduy people are only allowed to marry once in their lifetime unless their spouse (wife or husband) dies, then they are allowed to remarry. Apart from divorce, in Baduy society there is also a prohibition on polygamy and polyandry because Baduy people are only allowed to marry one person. Men in Baduy customs are indeed forbidden to practice polygamy because Baduy society is very thick with past culture. This is one proof that the Sunda Wiwitan religion is still highly adhered to and obeyed. The house on stilts with one door has a deep meaning. One door symbolizes loyalty so they can only have one wife. Divorce is something that is forbidden by their custom. If a divorce occurs, they are punished with very severe sanctions for them, one of which is expulsion from the Baduy area. The Baduy customary law which does not allow the community to divorce is known as the Divorced Immune Marriage. This study describes the Pikukuh Baduy (rules of prohibition from ancestors) regarding Divorced Marriage in Baduy and applies to all Baduy indigenous peoples, both Inner Baduy and Outer Baduy. The long-term goal to be achieved from this research is to find out the causes and reasons for this divorce-immune marriage and how to comply with it because according to some sources there are still those who violate this Baduy customary pikukuh. The consequences of this violation of the Baduy customary pikukuh will also be analyzed systematically and then look for positive solutions. The specific target to be achieved from this research is to strive for the Baduy community to continue to follow ancestral customs for the sake of creating the sustainability of the life of the Baduy indigenous people. Life in Baduy is very simple, but they can live in peace, serenity, and rarely get into conflict because they can adhere to the traditional rules of their ancestors. This can be a mirror for other communities in Indonesia. This will also have a positive impact on preserving the culture of the Unitary Republic of Indonesia, which is diverse in culture with its motto Bhinneka Tunggal Ika. This research uses normative juridical and sociological normative legal research methods. This research is descriptive analytical and uses Primary Data Sources and Secondary Data Sources. Descriptive in this research in the form of a description of the situation, conditions, circumstances, and the reality of the customary pikukuh that exist in the Baduy Tribe community. Then analyze what the problem is in order to find a solution to the problem. The source of the data used in this study was obtained from Library Research. Normative Jurisdiction in this study is a discussion of several existing regulations. Sociological Normative Research on law constructs law as a system of laws and regulations that have existed so far and then constructed in a society's behavior. Sociological research on law observes how the law lives in the community and what is the characteristic of a community behavior in an area in an aspect of social life to be further described, compiled, and analyzed descriptively to get a complete picture of the relationship between interests. and all values that are embraced and believed by the community in the area, namely in Baduy.

Optimalisasi Pengelolaan dan Pemanfaatan Lahan Untuk Mendukung Ketahanan Pangan Di Desa Sindangsari Dalam Mewujudkan Visi Integrated, Smart, and Green Campus Anne Gunawati; Muhamad Muslih; Dede Agus
MADINAH Vol 8 No 2 (2021): Madinah: Jurnal Studi Islam
Publisher : INSTITUT AGAMA ISLAM TARBIYATUT THOLABAH LAMONGAN, INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/madinah.v8i2.1346

The provision of agricultural land for food is currently facing pressure due to competition from other sectors as a result of economic growth and population growth. This condition causes food agriculture land to be faced with the problem of decreasing land area due to conversion to non-agricultural uses. The converted land area is mostly intended for residential housing developments in addition to the construction of public infrastructure, offices, shops and industries. This conversion of agricultural land can have a negative impact on agricultural development. Each district or city actually has to reserve and protect agricultural land that has the potential to be developed into sustainable food-producing agricultural land. However, in its implementation, the determination of the area for sustainable food-producing agricultural land has not been carried out by many districts or cities for various reasons. Likewise in Banten, the availability of agricultural land in Banten Province is getting depleted due to being eroded by development, new efforts and breakthroughs are needed in maintaining the availability of agricultural products while maintaining food security for the Banten people, one of which is by utilizing idle land owned by developers in urban areas so that they can be worked on by the community. farmer. Currently, the management of idle land owned by developers in urban areas is still not optimal. As a result, a lot of unused land is left empty before being built into housing. There needs to be support from all parties so that the management of unused land can be optimized in maintaining food security in Banten Province can always be maintained, in addition to avoiding consumptive people's habits, relying on all their daily needs from buying, while a lot of land can still be cultivated and cooperated. This study explains about Land Management and Land Use for Food in the area around the Untirta Sindang Sari campus and around the Sindang Sari village area which is still not optimal. This research is also to find out, examine and develop alternative policies related to efforts to optimize the potential of agricultural land used for food utilization. The long-term goal of this research is that this research aims to optimize land use and management to support food security in Banten and national food security. Food products in Banten can not only meet the needs of their own region, but can also meet the needs of National Food and even for export commodities to foreign countries. The specific target to be achieved from this research is to strive to achieve one of Untita's Visions and Missions, namely Realizing the Integrated, Smart, and Green Campus Vision. The Ministry of Education, Culture, Research and Technology (Kemendikbudristek) has made Sultan Ageng Tirtayasa University a Center for the Study of Food Security and Local Food Innovation in Banten so that with the new Untirta Building from the Islamic Development Bank (IsDB), Untirta can become a center of excellence. in Food Security. Untirta does not only focus on the development of food products, but is also accompanied by the development of technology. This research uses Sociological Normative and Juridical Normative legal research methods. This research is descriptive analytical and uses primary data sources and secondary data sources. Descriptive in this study is a description of the situation, conditions, circumstances, and realities that exist in the area around the Untirta Sindang Sari campus and around the Sindang Sari village area in terms of land use and land management to support food security. Then analyze what the problem is in order to find a solution to the problem. Sources of data used in this study were obtained from Library Research (Library Research). The normative juridical in this research is in the form of a discussion of several laws and regulations made by the government that are enforced to regulate the formation of regional areas and land use. Sociological Normative Research on law constructs law as a system of laws and regulations that have existed so far and then constructed in a society's behavior.

Food Security Innovation In Halal Certification Regulation On Food Products (Between Lppom MUI And BPJPH Ministry Of Religion) Anne Gunawati; Dede Agus; Muhamad Muslih
MADINAH Vol 7 No 2 (2020): Madinah: Jurnal Studi Islam
Publisher : INSTITUT AGAMA ISLAM TARBIYATUT THOLABAH LAMONGAN, INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

The issue in this study is that regulations on halal certification have a very large role in supporting the national food security program. Halal certification on products is very important for consumers because in some cases people are reluctant to buy food products that do not have a halal label on their packaging. The government ratified Law Number 33 of 2014 concerning Halal Product Guarantee (UU JPH) which after being investigated it turned out that the JPH Law did not strengthen the existence of LPPOM MUI, but gave authority to the Government or the Ministry of Religion to form a new institution other than LPPOM MUI, namely the Product Assurance Organizing Body. Halal (BPJPH). The research objective to be achieved from this research is to ensure that BPJPH can cooperate with MUI in terms of halal auditor certification and the determination of halal products in order to support national food security. This study uses a normative juridical legal research method, this research is descriptive analytical and uses primary data sources and secondary data sources. The key finding of this research is that the authority of the MUI remains important because MUI is the institution authorized to issue a fatwa on the determination of the halalness of a product which is then submitted to BPJPH as the basis for issuing a halal certificate. The importance of this research to be discussed because with the union of the two institutions, hopefully in the future Indonesia will become the center of world halal products with various products made in Indonesia so that national food security will be maintained.

Halal and Safe Food In Islamic Law Palmawati Tahir; Muhamad Muslih
Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i1.1310

The purpose of this research is to analyze and provide information to the public and to lawmakers that food is a primary need for every human being in terms of the halalness and safety of its products, it is a mandatory requirement for every consumer, especially Muslim consumers. Halal Food in Islamic Law explains about Halal Food or halal food in terms of aspects of Indonesian jurisprudence and Islamic law in Indonesia. Indonesia, which is a country with a predominantly Muslim population and is known for its very religious society, of course pays great attention to Islamic aspects in consuming food, namely halal food, both local production and imports from neighboring countries. The perspective of the basics of Islamic Law and Indonesian Law, especially regarding certification and labeling in the international trading system must receive strict attention in order to provide protection for Muslim consumers around the world, as well as a strategy to face the challenges of globalization. Lawmakers in Indonesia have made regulations related to this, namely Law Number 33 of 2014 concerning Guarantees for Halal Products (UUJPH). The method used in this study is using normative juridical methods by collecting data or information through library research, namely research conducted through literature studies via the internet and so on which are appropriate or have relevance to the problem being discussed. The results of this study state that the issue of halal and haram is very important and very urgent to be considered by all parties. The production chain from business actors to consumers is a concrete manifestation that must receive consumer protection by the state.

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