Talking about halal products will certainly be related to production and consumption. The state must protect and guarantee the rights of citizens on halal products by the enacting law (Azizah, 2021). Article 1, paragraph (3) of the 1945 Constitution states, “Indonesia shall be a state based on the rule of law”. In this case, it implies that all arrangements in the life of the nation, society, and state are based on applicable law. As a coercive rule, the law protects people’s interests in society. In his book Algemeen Deel, Paul Scholten also said that the law is a command (Scholten, 1974). The implication is that society must comply with applicable laws. Thus, the existence of standardization and certification policies in the Halal Product Assurance Act (UU JPH) is a form of state legislation to regulate and supervise the implementation of production. So, applying this regulation implies that all products entering and circulating in Indonesia must have a halal label.

Referring to Law no. 8 of 1999 concerning Consumer Protection (abbreviated as UUPK) and Government Regulation no. 69 of 1999 concerning halal labels and food advertisements stipulates that the installation of halal labels on packages must go through inspection from a halal institution. Article 8 paragraph (1) letter (h) of UUPK stated that business actors are prohibited from producing or trading goods or services that do not follow the halal production provisions as stated in the halal statement on the label. In line with article 2 paragraph (1) Government Regulation No. 69 of 1999, every business actor producing packaged food for trade must include a food packaging label. The provisions for the inclusion of a halal label are regulated separately in articles 10 and 11. The statement "halal" is an obligation for production parties who claim their products are halal. The truth of a halal claim is not only proven regarding raw materials, additives, or auxiliary materials used in production. However, it can also be proven in the production process. For this reason, checking the product first with a halal inspection agency before being traded is mandatory. Then, include halal provisions on the product. So with this, halal information becomes an inseparable part of the label.

Article 1 number 11 of the JPH Law states that a halal label is a sign of the halalness of a product. The inclusion of the halal logo or label on the packaging indicates that the business actor or producer has passed a series of inspections by the Halal Product Assurance Agency (BPJPH) and Halal Examination Agency (LPH) and then has its halal status determined through the fatwa session of the Indonesian Ulema Council (MUI) in the form of a halal certificate. The process includes product that has been inspected by the halal product authority (Faturohman, 2019), which goes through a series of stages starting from the provision of materials, processing, storage, packaging, distribution, sales, and presentation of the product to ensure its halalness. Of course, the guarantee of halal products aims to provide a comfortable and safe feel for the certainty of the availability of halal products and increase the selling value for business actors or producers in producing their products.

The existence of halal certification proves legal certainty regarding the halalness of a product. A halal certification is a form of state protection from banning a product that is produced (Sari, 2018), as well as explaining certainty and clarity regarding the halalness of a product (Ilyas, 2017) (Bashir, 2019). Every product that enters circulates and trades must be halal certified by article 4 of the JPH Law and its derivatives Article 2 paragraph (1) Government Regulation No. 31 of 2019. Business actors or producers are responsible for providing halal labels and maintaining the halalness of their products if they have received halal certification based on Article 25 of the JPH Law.

Then it is emphasized in Article 38 of the JPH Law that business actors or producers who have received halal certification must include a halal label on their product packaging, certain parts of their products, and certain places on their products. A halal label must be easy to see or read and not easily removed, removed, or tampered with by the provisions of Article 39 of the JPH Law. In addition, business actors or producers must consistently ensure that all stages of production avoid non-halal products, renew the validity period of halal certification when it expires, and report information on changes in the composition of ingredients. Not only do producers ensure, but BPJPH also has a very important role in the surveillance of product halalness. As per the implementing regulations of the JPH Law in Article 77 paragraph (1) No. 31 of 2019, surveillance is carried out on the Halal Inspection Agency (LPH), the validity period of halal certification, product halalness, the inclusion of halal labels, the inclusion of non-halal labels, separation of locations, places and processing equipment, storage, packaging, distribution, sales and the presentation of halal and non-halal products, the existence of halal surveillance, and other activities related to JPH. Surveillance is carried out once in 6 months regularly or at any time.

Meanwhile, business actors who produce their products with prohibited or forbidden materials are exempt from applying for halal certification and are required to include the statement "non-halal" on their products based on Article 26 of the JPH Law. This article does not mean that in Indonesia, buying and selling products is not permissible. However, there is no need for halal certification, so it is sufficient to include a non-halal label as a picture, sign, or written description (Hartati, 2019). In line with the regulation of the head of the Food and Drug Supervisory Agency (BPOM) No. HK. 03.1.23.06.10.5166 which requires manufacturers to include a sign in the form of the words "contains pork" if the product contains ingredients derived from pigs.

If these obligations are violated, business actors receive administrative sanctions as referred to in Article 27 of the JPH Law in the form of written warnings, administrative fines, and revocation of halal certification. The criminal sanctions are expressly contained in article 56 of the JPH Law with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 2,000,000,000.- (two billion rupiah) if the business actor does not maintain the halal product that has received halal certification. Apart from that, in Article 57 of the JPH Law, to prevent leakage of the confidentiality of formulas contained in the information of business actors or producers, anyone involved in implementing the halal product guarantee process who does not maintain the confidentiality of formulas is subject to imprisonment for a maximum of 2 (two) years or a fine maximum Rp. 2,000,000,000.- (two billion rupiah).

The existence of the issue of halal certification is a reflection of the relationship between religion and the state. Religion cannot be reduced to beliefs and rituals because it has multiple dimensions. Issues of belief and a series of rituals remain an inseparable part of religion. Preferably, religion is understood through the actions and behavior of its adherents (Suhadi & Muslim, 2022). Johnstone (1975) in (Shafie & Othman, 2006) “Religion is a system of beliefs and practices by which group of people interprets and responds to what they feel is supernatural and sacred”. Therefore, religion regulates what is permitted and what is prohibited in consumption.

A product that is consumed must have a halal guarantee, so in this case, it is manifested in the form of halal certification so that producers can put a halal logo or label on the packaging. In response to this, the Indonesian Ulema Council (MUI) established an Institute for the Assessment of Food, Drugs, and Cosmetics (LPPOM MUI) on January 6, 1989, to provide certainty about the halal status of a product (Nur, 2021) where halal certification was first initiated by a civil movement supported by the state through LPPOM MUI.

Finally, in 2014, the JPH Law was issued, the emergence of a halal product guarantee institution with the formation of the Halal Product Guarantee Agency (BPJPH), which was within the structure of the Ministry of Religion, the management of halal certification was fully transferred to the state (Anwar et al., 2020). With the mandate of the JPH Law is mandatory, thus emphasizing the issue of halal and haram in the production chain from business actors to consumers. Enforcement of the JPH Law as a guideline for producers in managing, processing, producing, and marketing products to the consumer community. The benefits of the law allow producers to obtain legal certainty for the goods they produce (Manan et al., 2016) (Ilyas, 2017) (Nur, 2021). Halal certification has an important role for producers in guaranteeing halal products, including as accountability and increasing trust in consumers; as a marketing tool and enhance the company's image; as well as providing producer benefits to increase production competitiveness ((Angriyani, 2020); (Suwardi & Billah, 2021))

Product guarantees are in the form of a halal certification mark and a logo attached to the packaging, but sometimes manufacturers must try to get it. The certification process requires a fee to be borne by the producer whose amount is by the product. In this case, halal certification is a tool or strategy for marketing a product. Many manufacturers associate halal certification with production costs, even though it is a marketing cost (Tjitroresmi & Suhodo, 2014). However, to obtain halal certification, producers must go through a long procedure and incur high costs ((Muslimah, 2012); (Sah, 2018); (Masyhuri & Risdiyanti, 2022)).

In its development, the halal concept moves to consumer products and becomes the branding of certain products and services (Fischer, 2011). Manufacturers are realizing the importance of halal certification in expanding the market. As a result, halal certification is the winner in the global market, which has added value to compete with existing competitors with recognition through the halal logo and its certification, producers feel that everyone who consumes the products they make feels protected and is confident to buy them ((Aziz, 2017); (Salam, 2022); (Arifin & Purnamasari, 2023)). Directly, halal certification for products implies that the entire process starting from the source of raw materials, production, and distribution is carried out cleanly and hygienically. In this case, halal certification indicates that producers have met strict standards and have undergone rigorous inspections before being granted halal certification (Badruldin et al., 2012).

The higher the producer's understanding of the halal label, especially in food products, the more guaranteed the halal aspect of a product offered to consumers (Muhammad, 2009). A product will lose consumers in large numbers if there are negative issues about product halalness (Fischer, 2008). Therefore, there is a need for standardization in guiding the production process. The existence of laws governing halal product guarantees is a concrete action by the state in supervising and disciplining the circulation of products in circulation so that the halal label on product packaging can fulfill its meaning.

The issue of halal products is, of course, public. The existence of comprehensive power and authority is the state’s role to intervene in people's economic life. In this case, the state urges not only to adapt the rules of Islamic law but to fill the void that exists in Islamic law (Ash-Shadr, 2008). The state intervenes in the market through regulation to play an important role as an economic activity, giving birth to labeling and certifying products as halal guarantees.

Comply with policies, rules, and regulations as a sign of compliance with existing business norms. Compliance with rules and regulations signifies the manufacturer's intention to conduct a legal business and respect the law. In this case, producers seek halal certification to comply with state laws ((Zailani et al., 2015); (Shofiyah & Qadariyah, 2022)). The influence of the state binds all individuals to the public interest, which applies universally through its regulations. The state’s role and regulation are the basis of reference to legitimize its enforcement so that its function is to monopolize.

The concept of the Panopticon was first put forward by an English philosopher named Jeremy Bentham in 1843. The Panopticon uses a prison design that allows one guard to supervise the entire detention room, even if the prisoners do not know whether they are being watched. (Ramadhan, 2018). Later, this concept was developed by Foucault (1975) in his book “Surveiller et Punir: Naissance de la Prison”. Foucault explains that the panopticon concept Bentham previously put forward interprets the power applied to the supervisory function. The important point Foucault quotes from Bentham's theory is that power must be seen visible but could not be verified (unverifiable).

The monitoring concept of the panopticon system is that power functions automatically (Schwan & Shapiro, 2011). Halal certification is a new style of Panopticon that demands interpretation. Halal certification functions as a panoptic institution because it is the authority that registers, audits, decides, and regulates what is acceptable or not, what is right and wrong, what is by halal standards, and what is not (Yakin, 2021). Halal certification is designed as a doctrine of internalization of power for producers to create compliance monitoring mechanisms in the halal product standardization system. The ability of the halal certification body to see without being seen, allows the implementation of controls to ensure oversight.

For this reason, every product that enters, circulates, and is traded in Indonesia must be halal certified, as stated in Article 4 of the JPH Law. Then, it was strengthened by implementing regulations for the JPH Law, namely Government Regulation No. 39 of 2021 and Law No. 6 of 2023 on Job Creation. Halal certification is quite present in the form of regulations that link power in everyday life.

In reality, the JPH Law has yat to be effective in increasing the awareness of business actors for halal certification registration and increasing the availability of halal products in Indonesia (Anzellyta & Fittria, 2022). The legal awareness of business actors or producers still needs to improve (Nabila, 2023). Thus, not all producers provide products, both food and beverages, that are labeled as halal certification. Manufacturers are still biding time to obtain halal certification (Nukeriana, 2018), and most producers even say that even though they have not received halal certification, they are committed to making halal products. Most producers have not applied for halal certification because of the relatively high costs and complicated process ((Muslimah, 2012); (Khairunnisa et al., 2020); (Wirda & Putra, 2020)), which are considered burdensome (Lynarbi et al., 2020) (Muhamad, 2020).

One of the government's efforts to help producers with limited funds is the acceleration of halal certification with the Free Halal Certification (SEHATI) program for Micro and Small Enterprises (MSEs). Where the source of these funds as a whole comes from state finances and is assisted by government ministry agencies, this fee waiver is given to business actors who meet the criteria and standards stipulated in Minister of Religion Regulation No. 20 of 2021 concerning halal certification for MSEs. Then, the obligation to be halal-certified for MSE actors is based on a self-statement (self declare) from business actors based on Government Regulation No. 39 of 2021 Article 77 paragraph 1. Meanwhile, the requirements refer to article 79 paragraph 2, which includes: products that are not at risk or use materials that are confirmed to be halal and production processes that are guaranteed to be halal and simple.

This program is aimed at MSEs so that they can provide relief and convenience in obtaining halal certification for free. However, the provision of free halal certification cannot cover all business actors with limited authority who are legally connected. The free halal certification program at least helps encourage or motivate them to register for certification for their products. Providing free halal certification is an effort by the government to realize its mission of becoming a center for producing halal products in 2024 (Pamuji, 2022). So far, the government has only relied on the Muslim community's size and the high consumption of halal products (Sakti & Imanullah, 2021).

Producers need halal certification to be able to compete in the global market. The transformation of the halal trade begins with the case of flavoring or MSG Ajinomoto in 2001, which indicated that non-halal ingredients used auxiliary materials in the form of Bacto Soyteno, which contains pork enzymes (Agama, 2003). This scandal has implications for the export and import of products in Indonesia, and its follow-up results in regulations and halal standards that need to be met (Fischer, 2015). The global halal market represents various sectors within and between regulatory agencies and interacting markets.

Halal certification for products is a marketing strategy to increase sales (Bakhri, 2020) (Armiani et al., 2021). In other words, products that are already halal certified have advantages that differentiate these products from other products so that these products get added value and consumer confidence. The large number of imported products circulating in Indonesia requires great effort to obtain halal certification (Charity, 2017). For example, the Korean skincare brand Nacific has succeeded in obtaining halal certification to expand its market in Indonesia (Kirani, 2022-03-07). Samyang noodle from Korea has received halal certification to answer the many non-halal claims (Gultom, 2022-12-26).

Genki Sushi Indonesia has officially obtained halal certification for the rapidly increasing demand for halal food. Genki Sushi Indonesia is the first restaurant in the world to receive a halal certificate because no restaurant from Genki Sushi has received halal certification since its 32 years of establishment (Hikmah, 2022-11-16). Furthermore, there are claims from RamenYa! that products no pork, no lard, no angciu, no mirin (sweet Japanese) or sake evidenced by the issuance of a halal certificate on November 26, 2022, which is valid in all outlets (LPPOM MUI, 2022c). In addition, halal certification is a commitment from the company to ensure consumers know that what is consumed is safe and halal. Responding with certification is only proof, but the main thing is halal. Producers must maintain the production process with a halal assurance system even though they have received halal certification.

A halal certification is a form of compliance with applicable regulations, such as local products, namely the Merah Putih vaccine as the first local vaccine product to be halal certified (Astuti, 2022-03-29), Kopi Kenangan (LPPOM MUI, 2022b) and Salad Point (LPPOM MUI, 2022a). Here are binding regulations to run the panopticon system to minimize the potential for fraud. A surveillance system monitors compliance and violations that occur. Regulations limits what is allowed and what is not and make business actors responsible for products in circulation ((Warto & Arif, 2020); (Angriyani, 2020)).

Panoptic power creates conditions for normalizing behavior because of fear of state retribution (Hardiyanta, 1997). The regulations installed in the form of rules need to be revised to capable carry out the panopticon function. The Panopticon functions as if punishment occurs naturally (Pujileksono, 2017). In this case, the Panopticon is intended as a tool to carry out experiments and change behavior. As a result, producers are aware of the importance of halal certification in carrying out their products, as seen from the increase in the number of halal products in circulation.

Although there has been an increase in the number of halal products, the data above is not proportional to the number of MSEs. Until now, 65,471,134 business units in (KemenkopUKM, 2019), or only 1% of the number, are halal certified. The obligation for circulating products to be halal-certified in Indonesia has yet to come close to panopticism. To some extent, the process encouraged producers to refrain from registering their products to obtain halal certification.

To date, one of the Spicy Noodle restaurants (Gacoan) has drawn public attention with its status that needs to have halal certification. As a result, on November 17, 2022, Mie Gacoan officially obtained halal certification from the MUI for the raw materials used, including basic ingredients and supporting ingredients to seasonings (Aswar, 2022-12-03). Meanwhile, halal restaurant certification has yet to be registered, halal restaurant claims cannot use raw material certificates. In this case, it does not include restaurant halal certification in direct service to consumers, branches, and menus. The noodles have not received an official halal label issued by BPJPH because the food menu uses names, such as Mie Setan and Mie Setan. Meanwhile, the drinks use the names of Indonesian ghosts (KOMPAScom, 2022-08-29).

It is not about using non-halal materials, but not meeting one of the Halal Assurance System (SJH) criteria, namely the use of a name. The product must not tend to haram products in point 6 of the 11 SJH criteria and are also in line with MUI Fatwa No. 4 of 2003 concerning the use of food names that lead to symbols of disbelief and evil. With this naming, Mie Gacoan can only certify its products for halal certification if it changes its product name. For this reason, Mie Gacoan is known to have changed the name of its menu using children's game names, such as Suit, Hompimpa, Gacoan, Gobak Sodor, Teklek, and others. In addition, Mie Gacoan is also preparing a halal guarantee system within the company.

Following product distribution and trade regulations in Indonesia that require halal certification, Mixue is currently registering for halal certification. However, during the halal certification process, there were findings in the form of halal claims by attaching documents that may have yet to be published during the LPPOM MUI Halal Companion Agency (LPH) audit process. What is fatal is the installation of the Indonesian halal logo at a Mixue outlet in the city of Semarang. As a result, MUI gave Mixue an administrative warning for displaying the halal logo. Installing a halal logo for a product can be done when the process at LPH is complete, then determining whether a product is halal or not is through the MUI fatwa assembly. If you have received a stipulation from the MUI, BPJPH will issue a halal certification. After that, the producer can include the halal label and registration number on the product packaging.

Finally, the LPPOM MUI website released Mixue’s Halal certification. Mixue has received a halal determination from the MUI and has officially received a Halal Certificate from BPJPH with No. 1D00410001326911122, which is valid in all outlets in Indonesia. Mixue is committed to producing halal products and implementing the Halal Product Assurance System according to the provisions of BPJPH and LPPOM MUI (Mixueindonesia, 2023-02-17). Apart from that, Mixue indirectly fulfills the consumer market’s demand for a product’s halalness.

The mandatory halal certification will end on October 17, 2024, based on the JPH Law, where the first stage is specifically for food and beverage products; raw material products, food additives, and supporting materials for food and beverage products; and slaughter products and slaughter services. Producers who do not take care of it by the stipulated time limit will be subject to sanctions based on Government Regulation No. 39 of 2021, from written warnings, and administrative fines to withdrawing goods from circulation. For this reason, producers who have not registered for halal certification are required to register their products.