Legal Protection for Non-Halal Traditional Culinary in Indonesia:

Cultural, Religious and Economic Perspectives

Riana Susmayanti

 

Abstract: This article examines the if the existing legal protection for non-halal traditional culinary in Indonesia fit for purpose. The regulation of non-halal products in existing laws affects non-Muslim communities raising concern that products like non-halal traditional culinary will eventually become extinct and non-Muslims will not be able to use them for their religious worship and in traditional ceremonies. This article examines the protection for non-halal traditional culinary by analysing Constitutional Court decisions and legislations related to non-halal food industry in general and traditional culinary specifically. The article argues that although the legal and legislative developments in Indonesia provide a fairly balanced framework for protection of both halal and non-halal food products, there is a need to provide more nuanced legal protection to non-halal traditional culinary as intangible cultural heritage. This will not only ensure social cohesion, but it will also protect local small producers and empower local communities socially, culturally, and economically.