ANALYSIS OF THE CONCEPT OF INDEPENDENCE AND PROFESSIONALISM OF INDONESIAN ULEMA COUNCIL TOWARDS HALAL GUARANTEE CERTIFICATION ON PROCESSED FOOD INDUSTRY IN WEST JAVA

This study aims to analyze the mechanism of Halal Guarantee Certification publication in the food processing industry in West Java; and the application of the principle of independence and professionalism of The Indonesian Ulema Council (MUI) in awarding Halal Guarantee Certification for processed food industries in West Java. Additionally, this study is a field research using a qualitative approach. The mechanism of awarding Halal Guarantee Certification begins with the company stating written objectives of the certification's implementation for the company regarding the rules outlined by The Research Institution on Food, Drug, and Cosmetics (LPPOM) and explaining the scope of application of guarantee systems in the corporate environment; begun with purchasing, receiving materials, production lines, storage of materials and products, transportation and distribution, as well as food displaying and serving (for restaurants to be assessed by LPPOM). The independence aspect is not only identified through being independent at organizing an institution; moreover, the careful consideration of expertise, field data, and also appearance must be the main indicators. The application of the professionalism principle, by The Indonesian Ulema Council in awarding Halal Guarantee Certification for the processed food industries in West Java, can be indicated through the method of assessing processed food industry products. As the result, The Ulema Council has been able to carry out excellent and appropriate coordination by giving this role to LPPOM.


A. INTRODUCTION
Food is a primary thing which is believed to have significant value for human life. Humans as consumers have their 'instant' attitude, especially in their preparation of food which can be done in a very short time. Related to today's technology, many business actors use its advantages for their business opportunities to produce greater profits. However, consideration of this term of food is still significant; as the law of health states that providing safe, nutritious and sufficient food is a prioritized policy to achieve goals in the health sector. Food quality and food safety also indirectly affect economic productivity and social development of an individual, communities, and countries. Since international competition has become more intensive, the food trade sector demands every production to produce better quality, safer and healthier food. The demands are proposed in order to increase awareness and willingness to live healthily in a fair and equitable manner. [1] As manufacturers and as food inventors, they are supposed to be able to provide good public consumption; due to skepticism, especially for Muslim consumers towards new products. [2] Manufacturers should have Halal Guarantee System (SJH, Sistem Jaminan Halal) on their products, in which it may affect the value and quality of the products that can be safely consumed. As the attitude of Indonesian consumers which tends to be sensitive to a food or beverage product, the position of Halal (allowed) and Haram (forbidden) has to be the basic consideration in addressing globalization era that is related to the competition among manufacturers who have big ambitions to gain economic benefits with their product.
The existence of Halal certification in some countries, whether in an Islamic country or in a non-Islamic country, is currently no longer provided to preserve Muslims towards Halal and Haram substances, but widens into a trade commodity. The purpose of implementing this program to food, medicine, and cosmetics products is to provide certainty of the Halalness of a product so that it can prevent the skepticism to its consumers.
The existence of Halal certification shows that there is preservation on Muslims' behalf that leads to formal law. Preservation in formal law shows the legal content held by religion has been reduced and is less strong in regulating more appropriate relationships in being a part of the state. [3] The Halal Certification for industrial field consists of two types: Halal Certification and Halal Guarantee System Certification. A Halal certificate is a Halal fatwa of Indonesia's top Muslim clerical body (Indonesia Ulema Council) which states the Halalness of a product that is regarding Islamic law becomes a Halal labeling requirement in every food, beverage, drug, and cosmetic product. [4] On the other hand, The Halal Guarantee System Certificate is a written statement that the company holds; the Council's Halal certificate has implemented Halal Guarantee System, which is also termed as SJH, in accordance with the provisions of LPPOM MUI. The certificate can be awarded after going through the SJH audit process twice with an SJH status declaring Good (Grade A).
This phenomenon obviously can be caused by several things; for example in secular countries, the values of religion are no longer considered as the formulation of policies or laws. It is because religion becomes an individual or personal behalf of its citizens. The Halal certification can no longer entirely be a form of a belief. In other words, the certification is an effort to anticipate fraudulent forms of Halal composition within a product; for instance, processed meat products that some of them are considered as Halal by Muslim communities. However, as it is examined thoroughly, some processed meats turn out to contain ingredients or processes that are not Halal. Therefore, in this case, the state acts as a supervisor by making certification as the required means for the manufacturers. [5] Another problem which emerges the question is that economic activity in the sector of production is a dynamic process. That is to say that it can be possible for certain changes in a product to see the availability of raw materials that are occasionally difficult to find or affected by the ups and downs of standard prices. It may be very risky for the potential entry of materials that are forbidden in a Syar'i manner (fulfilling the rules of Islam), moreover the process of certification and audit of Halal production that lasts for a maximum of three weeks [6] cannot supervise the processing of the product until the certification runs out or two years. Based on the description above, the question arises as to examine how excellent is the credibility of the Halal certification of the Council on food or beverage products in maintaining product Halalness during the certification period applies.

B. METHOD
This study is a field research with a qualitative approach. Data collection methods include interviews and documentation, while the data analysis technique used is descriptive analysis with inductive attitudes. The data used in this type of study are qualitative data relevant to the Indonesian Ulema Council's Halal Guarantee Certification in the Halal Product Guarantee Law and the provisions of Consumer Legal Protection.

C. RESULTS AND DISCUSSION
The Mechanisms in Awarding Halal Guarantee Certification on Food Processing Industries in West Java.
The Halal Guarantee of an item or product is the main key to Halal consumption criteria. The Research Institution on Food, Drug, and Cosmetics (LPPOM) implements Halal Guarantee System (SJH) as an applied material that can be used by manufacturers, including small-to-medium industries (IKM).
The system referred to by the institution is to guarantee for the Council with the Halal product of a company throughout the period that the company holds the Halal certificate. [7] Regarding the provisions of the Council that all manufacturers who register their products in the guarantee of the certificate, the expiration period of the certificate is two years. Thus a company must be able to provide guarantees to the Council and Muslim consumers that the company is demanded to maintain the consistency of its products by requiring to develop a system of Halal guarantees and documentation. The manual of Halal Guarantee System has components such as document control, an introduction consisting of basic company information, the purpose of the application, the scope of application and the SJH component as the third component.
Basic information of the company is a statement of self-identity or company profile consisting the company name, address, type of product, production capacity, place of copy, number of production lines, number of workers, market reach, and others. [8] The company also has to write the objectives of the implementation of SJH in its company regarding the rules outlined by LP POM MUI, namely: guarantee the Halal products that are produced continuously and consistent with Islamic Syari'a (regulation) that has been determined based on the MUI fatwa (decision). The scope of application is the range of the implementation of the company's guarantee system in the company environment, including purchasing, receiving materials, production lines, storing materials and products, transportation and distribution, as well as food and beverages displaying and serving. While the SJH component is a statement of Halal policy commitments, Halal guide, Halal management organizations, operational standard procedures, technical references, administrative systems and documentation, socialization, training, internal and external communication, and auditing. a. Halal Policy The Halal policy is a written statement of the company's commitment to producing Halal products consistently; including consistency in the use and procurement of raw materials, additional materials and auxiliary materials, and consistency in the Halal production process. c. Halal Management Halal management can be defined as an internal company organization that manages all functions and management activities in producing Halal products. In managing these functions and activities, the company can involve all departments or parts related to the Halal production system, starting from the highest policy-making level to the level of technical implementer in the field. The management involved is representatives of top management: Quality Assurance (QA) / Quality Control (QC), production, research and development (R & D), purchasing, PPIC, and warehousing. The Halal management organization is led by The Cordinator of Internal Halal Auditor (KAHI) who directs the maintenance of product Halalness and is responsible for communication between the company and LPPOM MUI. d. Standard Operating Procedures (SOP) Standard Operating Procedures (SOP) is a set of instructions that are standardized to regularly complete a certain work process. SOPs are established as a means for the company to have standard procedures to achieve the objectives of implementing SJH that refer to the company's Halal policies. SOPs are also established for all key activities in the Halal production process, namely in the areas of R & D, purchasing, QA / QC, PPIC, production, and warehouse. In comparison to the process technology and complexity among each company, the SOP in each company can be identified as unique or uncommon. The example of key activities includes SOPs for material purchases, use of new materials, replacement and addition of new suppliers. e. Technical Reference The SJH or The Halal Guarantee System's implementation is carried out by related fields in Halal management organizations. In its implementation, a technical reference needs to be established which functions as a document to assist the work of related fields in carrying out its work function.

3) Technical Reference for the Production Section
a) The list of materials includes the names of materials, suppliers, and manufacturers that have been compiled by KAHI and are known by LP POM MUI. b) Job Formula or instruction of production corresponded to the material matrix. c) Table of identification results of opportunities for contamination of production processes from unclean/unclean ingredients and precautions d.Halal production SOP. 4) Technical Reference for the QC / QA Section a) The list of materials includes the names of materials, suppliers, and manufacturers that have been compiled by KAHI and are known by LP POM MUI. b) The policies of each certification institution related to the product (Certificate per shipment, the valid area of the Halal Certificate, the valid period of Halal Certificate, etc.). c) SOP for material inspection. 5) Technical Reference for Warehousing Section a) The list of materials includes the names of materials, suppliers, and manufacturers that have been compiled by KAHI and are known by LP POM MUI. b) Marks on the packaging (logo, lot number, name and address/location of production) that must be adjusted to the Halal document. c) Procedures of storing materials/products that guarantee the avoidance of materials/products from contamination by unclean and unclean items. d) SOP for receipt and storage of materials.
f. Administration System Companies must design an integrated administrative system that is traceable from material purchases to product distribution. More specifically, the administration associated with SJH is the administration of purchasing parts (purchasing) h. Dissemination SJH that has been created and implemented by the company must be disseminated to all company stakeholders, including to third parties. The purpose of this program is to promote awareness of Halal policies for all stakeholders so that it is possible to apply the policies at the operational level. The method of dissemination can be in the form of posters, leaflets, public lectures, internal bulletins, supplier audits or company's internal memos. i.

Training
The company needs to conduct training for all SJH executives. Hence the company is expected to identify training needs within a certain period of time. Training must involve all staff whose work may affect the Halal status of the product. Jobs that may affect the Halal status of the product must be submitted to the competent staff with their education, training and experience relevant (in this case in the field of work and Islamic law). An example of a training plan can be seen in Appendix 12. The objectives of the training can be divided into two main points as follows: 1. Improve employee understanding of the notions of Halal and Haram, the importance of Halal products, the critical points of materials and production processes.

Internal and External Communication
In implementing SJH, it is significant for the companies to communicate with various parties that are related both internally and externally; furthermore, the company has to organize and implement procedures for 1. Carrying out internal communication between various levels and organizational functions. 2. Receiving, documenting, and responding to communications from outside parties including with LPPOM MUI. 3. Internal Audit monitoring and evaluating the implementation of SJH accomplished in the form of an internal audit. k. Internal Audit Monitoring and evaluating SJH implemented through a form of internal audit. The purpose of holding an internal quality audit is to determine the suitability of the company's SJH with the standards set by LPPOM MUI, determine the suitability of the company's SJH implementation with its planning, detect deviations that occur and determine remedial and preventive actions and ensure that the problems found in the previous audit have been repaired according to a predetermined time frame.
Other objectives of the internal quality audit are also to provide information about the implementation of SJH to management and LP POM MUI. The Internal Audit Scope generally consists of SJH Documentation Examination of the completeness and suitability of supporting documents for product Halal concerning materials, processes, and products in each related part, such as the list of materials, specifications, Halal certificates, formulas, material purchase documents, documents warehousing, and so on.
The principles that are accepted in SJH operations are a) Maqoshidu sharia. b) Honest. d) Trust, d) Systematic, e) Socialized f) Engagement of key person, g) Management commitment, h) Delegation of authority, i) Able to search, j) Absolute In order to guarantee the Halalness of a product that has received a Halal certificate, Mui does not only appoint an Internal Auditor in each company overseeing the Halal products, the Council also stipulates and stresses to revoke the certificate if the product is found containing the forbidden items. In addition, every product that has received a Halal certificate is required to renew or extend its Halal certificate every two years through the same procedures and mechanisms. If the company concerned does not submit the extension of the Halal certificate for two years after being certified, the company will no longer have the right to entitle Halal certificates and Halal products are beyond the responsibility of the MUI. As the overall mechanism elaborated, it can be seen that there is a division of labor carried out in order to objectively assess the Halalness of a product.

The Application of The Independence Principle of Indonesian Ulema Council in Awarding Certification of Halal Assurance towards Processed Food Industries in West Java.
Indonesian Ulema Council (MUI) is an independent religious organization, not affiliated with any of the political parties, schools or Islamic religious schools in Indonesia. [9] According to Muhammad Atho Mudzhar, The Indonesian Ulema Council or MUI--as an independent religious organization--has the following functions: (1) as heir to the duties of the prophets (Warasatul Anbiya); (2) as the fatwa giver (Mufti); (3) as a guide and servant of the people (Ri'ayat wa khaim al ummah); (4) as the Islah wa al Tajdid movement; and (5) as enforcer of Amar Ma'ruf nahi Munkar. [10] Based on these functions, the most prominent and influential in the life of the nation and state, especially for Muslims, is the function of the Council as the fatwa giver.(Mufti). Because this can be used as the basis for every action both for Muslims in Indonesia and for the government in terms of establishing policies relating to Islamic law (Syari'ah). Since Indonesia is mostly populated by Muslim, every policy is taken by the government then has to concern with the values of Islam.
The authority of the Council as a fatwa giver is inseparable from the functions as determined in Article 4 about Article of Association and By-Laws (AD / ART) of the MUI, namely as follows: Indonesian Ulema Council functions: Firstly, as a forum for discussion of ulama, zu'ama and Muslim scholars in protect the Ummah and develop an Islamic life, Secondly as a forum for the gathering of ulama, zu'ama and Muslim scholars to develop and practice Islamic teachings and mobilize ukhuwah Islamiyah, Third As a place to represent Muslims in relations and inter-religious consultation, and the Fourth As giving fatwa to Muslims and the government, both requested and unsolicited. [11] As mentioned above, besides providing fatwas, the Council also has the authority to preserve and develop Islamic teachings in various ways. In terms of Halal certification, the Council has a food processing study institution which is known as LPPOM MUI. Ulema or the leader cannot walk on their own in terms of studying the substances in processed foods, and also examine whether these foods are of quality for life or not. [12] As an organization that was established and preserved among scholars, zu'ama , and Muslim scholars; Indonesian Ulema Council is also a community movement. In this case, the Indonesian Ulema Council can be said to be the same as other community organizations among Muslims, who have an autonomous existence and uphold the spirit of independence.
This spirit is shown through independence; it is namely independent and affected to other parties outside themselves in expressing perspectives, thoughts, attitudes and making decisions on behalf of the organization. Therefore, this is also related to the process of carrying out checks and studies of food products. Additionally, LPPOM MUI intensively involves parties which have the competence of human resources and also adequate and qualified technology to provide an objective picture of a processed food product. This is done as an executive function of the government in terms of assessing the quality of a food product properly from a religious perspective. [13] The role of the Council in the JPH Bill is to maintain Halal certification which consists of establishing Halal standards, checking products, stipulating fatwas, and awarding Halal certificates as an inseparable entity. The position of MUI to maintain Halal certification should be accommodated in the JPH Bill. MUI claims that establishing a new structural institution is not significant to guaranteeing Halal products in Indonesia. Institutions giving a guarantee for Halal products are designed with an efficient consideration by forming interdepartmental task groups, ministries, related institutions, as well as the regulation of the Republic of Indonesia Act No. 44 of 2008 on Pornography.
Independence itself can be defined as a condition that reflects freedom of any influence--whether controlled by other parties nor dependent on others. [14] Additionally, its definition refers to not being easily influenced and carrying out the duties for people. [15] Due to the impartial attitude may loose over time, it can not be excused to serve any individual interest as that may affect someone's perspective which is considered as a free will.
Additionally, independence is a qualitative standard required by an institution to accord with integrity and objectivity in carrying out its professional duties. There are three types of independence, namely independence in fact or actual independence, independence in appearance, and independence in competence or independence from the point of expertise.
As has been said, the Council leader has resolved whether The Halal Certification, as explained above, is further taken over by other institutions; therefore, the Ulema Council decides not to get involved in the whole process of Halal certification, including the granting of fatwas. [16] The Ulema Council, in establishing Halal fatwa for a product, regularly refers to data and facts contained in the results of the LPPOM audit. Here, the act of LPPOM is needed to provide audit data based on expertise to describe the substance content. This means that the aspect of independence-in-fact, competence, and appearance is an aspect to put forward; MUI is required to prioritize an objective assessment in expressing legal opinions. Thus, the aspect of independence that must be the main benchmark is not only taken from the independence in institution organizing, but also the consideration of expertise, field data, and appearance.
In order to get the conception about the independence of The Indonesian Ulema Council and the local Council, research has been conducted in one of the Food Processing Industries in Tasikmalaya which produces Abon (sprinkle fried beef) and beef jerky. In the field observation, the information that an attempt to obtain Halal certification and Halal system guarantee was found complicated, due to various requirements imposed and the long-time process. ; it could take about four to six months to obtain the desired certification and SJH results. [17] While studying the raw materials for production, the food industry must describe the food ingredients used as well.The study was carried out through a partial examination in the place taken while others had to use the main laboratory (taken for samples) [18] .In addition to the evaluation of raw materials, the process of production must also undergo a strict quality test. Technical elements of production then are supervised to avoid harmful substances within raw material.This certainly is able to maintain the quality level of the product The method of processing the waste of raw material was also observed by the auditors; they analyzed the impact of waste on the surroundings. Therefore, the Halal SJH demands are also often compared as equal with the demands of appropriate and wise waste management. [19] Generally, the field data collected from auditing greatly determines the SJH value.Thus, informants always use tools and raw materials appropriately and effectively.

The Implementation of Professionalism Principles of Indonesian Ulema Council in Awarding The Halal Guarantee Certification in Processed Food Industries in West Java.
The Halal certification has been maintained by Ulema Council or MUI as a religious institution for 25 years, since 1989. The certification includes determining Halal standards, checking products, establishing fatwas, and awarding Halal certificates as an inseparable entity. It is also a written fatwa that must be disseminated by an institution that is competent and has authority in the determination of fatwa. In fact, the institution in Indonesia that is known to have such competence is Indonesian Ulema Council or Majelis Ulama Indonesia. The position of MUI as the executor of Halal certification is seen as capable of preventing the existence of divisions and diversity (khilafiyah) against the fatwa of Halal products. As the result, Ulema Council has recently been a reference and influence for Halal certification institutions abroad.
Regarding industry actors, the Council not only presents Halal guarantee certificates but also participates in labeling processed food products referring to Law 7 (1996) of Food (has been changed to Law No. 12 (2012 of Food). The implementation of Halal labeling has been carried out by the POM.since the Council acknowledges the authority of labeling which belongs to Government regulated in the JPH Bill. [20] In addition to its position, MUI also supervises Halal products including supervision of business actors (manufacturers), distribution, and the supply of Halal products. The observation, which has been carried out by the Council, is limited to observing the fidelity of business actors (manufacturers) in implementing the Halal Guarantee System (SJH). In addition, [21] the Council also partially and temporarily observes the products on the market using the sampling method.
Law enforcement is an area of law as a continuation of the observation. Ulema agrees that the legal action towards every citizen and other legal objects on the guarantee of Halal products is the authority of the State through law enforcement officials. Besides labeling, supervising (observing) and responding as described above; the role of the Government towards the JPH Bill is still wide open in guaranteeing Halal products, including conducting certificate re-registration, IEC (communication, information, and education), coaching, and other technical matters.
In relation to its development, the Council ( The Indonesian Ulema Council (MUI) has provided convenience for businesses to make the Halal certification. Namely, it is the relatively fast certification process, which only takes a maximum of 50 days and affordable costs which are only around two to five million Rupiah per group of product. Halal certification is significant to prevent skepticism towards various edible products. [22] Based on the Appendix of the LPPOM MUI Director's Decree No. SK 24 / Dir/LPPOM/MUI/VII/14 on Guidelines for Evaluating The Results of The Audit of The Halal Guarantee System in The Processing Industry, it is stated that the SJH value reflects the quality of the company's SJH implementation assessed by the LPPOM MUI through an audit process. SJH grade is given based on the level of fulfillment of the certification requirement for HAS 2300.
The grading system from the results of the audit is qualitative, which is determined based on the weaknesses found in the SJH implementation. At least there are three categories of weaknesses: critical weakness, weaknesses need improvement, and minor weaknesses. Critical weakness is a weakness that seriously causes the failure to fulfill Halal certificate 23000. If these weaknesses are found during the audit, the company must immediately attempt improvements. A settlement report must be sent to LPPOM MUI and the SJH section will determine its adequacy. After these weaknesses have been fulfilled, the audit report will be submitted to the fatwa commission. [23] Weaknesses in repairs are weaknesses that have the potential to cause Halal certification requirements not to be met if they are not repaired. Completion of all types of weaknesses allows the company to get grade A. While minor weaknesses are weaknesses that do not have the potential to cause Halal certification requirements not to be fulfilled. Minor weaknesses can still be tolerated due to other actions that cover this weakness.
Audit results assessment scheme SJH implementation is given with the qualifications of A, B, and C grade. To get an A, the quality of the company's SJH must be excellent which can be indicated through the absence of critical weaknesses at the time of the audit. To get the B grade given to companies that have fulfilled the minimum requirements for the quality of SJH implementation, it is indicated that a critical weakness has been resolved if an audit is found. While the C grade is given to companies that do not fulfill the minimum quality requirements for SJH which are indicated by not completing some (or can even all) critical weaknesses found during the audit. [24] 58 The Managing Director of The Research Institution on Food, Drug, and Cosmetics (LPPOM), Lukmanul Hakim, claims that there are several criteria given by the Council to declare a product as Halal or not. For instance, the raw material must be Halal. [25] Globally, the three criteria are the raw materials must be Halal, the facilities are not contaminated, and the system can guarantee the consistency of Halal products. In addition, Lukman specifies that there are 11 criteria for a product to be declared Halal. One of them is that the product has a traceability system; namely, the basic ingredients of the products produced can be traced to Halalness.
More specifically, 11 criteria for a product labeled Halal by the Council are (1) The company has a Halal policy, (2) The management team for Halal policy management, (3) Conducts training and education on the concept of Halal, 4) Has criteria for Halal and non-Halal materials , (5) Knowing the criteria for products that can and cannot be certified, (6) Having facilities that are free from things that pollute Halal, (7) Having criteria for written procedures for production activities in critical conditions, 8) Having a traceability system. In other words, the basic ingredients of the products produced can be traced to Halalness; (9) Procedures for handling non-Halal products; (10) Having an internal audit team to conduct evaluation evaluations at least every six months; and (11) Having a review management.

D. CONCLUSION
The mechanism for awarding The Halal Guarantee Certification begins with the Company claiming a written statement that the objectives of The Hala Guarantee System (SJH) implementation in the company are in line with the regulations outlined by The Research Institution on Food, Drug, and Cosmetics (LPPOM MUI): guaranteeing the Halal products produced continuously and consistently in accordance with Islamic Syari'a stipulated by The Ulema Council (MUI) fatwa. The implementation scope is the range of the implementation of the company's guarantee system in the company environment, including purchasing, receiving materials, production lines, storing materials and products, transportation and distribution, as well as displaying and serving (for restaurants). Then LPPOM Assesses information on Halal policy commitments, Halal manuals, Halal management organizations, operational standard procedures, technical references and documentation systems, socialization, training, internal and external communications, and company audits to be submitted to the Council (MUI) to be whether or not entitled to Halal certification.
The application of the independence principle of Indonesian Ulema Council in awarding Halal Guarantee Certificates on the processed food industry in West Java perpetual refers to the data and facts contained in the results of the LPPOM audit. It is considered that LPPOM needs to provide audit data based on expertise to describe the substance content. It can be said that the aspect of independence-in-fact, competence, and appearance is the aspect to prioritize, the Council is required to put forward an objective assessment in expressing legal opinions. Thus, the aspect of independence is not only seen from the independence in the organization of an institution, far from that consideration of expertise, field data and also appearance must be the main benchmark.
The application of the professionalism principle of the Indonesian Ulema Council in awarding Halal Assurance Certification in the processed food industry in West Java can be seen in the method of assessing processed food industry products. The Indonesian Ulema Council has been able to carry out good and appropriate coordination by giving this role to LPPOM. Indonesian Ulema Council (MUI) certainly has limited knowledge and facilities in laboratory studies; therefore, this condition is enhanced through the presence of LPPOM as an institution that is focused and competent on the raw material laboratory tests and process audits.