International Journal of Humanities, Religion and Social Science ISSN : 2548-5725 | Volume 3, Issue 2 2017 www.doarj.org

IMPLEMENTATION OF HALAL STANDARDIZATION IN TOURISM DEVELOPMENT IN NTB

Adrian Adi Hazmana Regional Development Planning Board of West Nusa Tenggara Province Email correspondence: [email protected]

Abstract: This study is an empirical law study, with a statutory approach, a conceptual approach, and a sociological approach. Based on the results of the research, the implementation of standardization of services in West Nusa Tenggara on destinations conducted by the Department of Culture and Tourism through the fulfillment of public facilities according to halal tourism. The standardization of halal tourism industry is done by the Department of Culture and Tourism, the Department of Industry and Commerce and the Health Service, and the Ulema Council of Indonesia-West Nusa Tenggara as the institution authorized to issue halal certificates. The implementation of standardization through halal certification of the industrial sector has been increasing since 2015. Factors affecting the standardization of halal tourism services are legal factors (legislation), legal structure (law enforcement), supporting facilities or factors, community factors and cultural factors

Keywords: implementation, standardization, halal tourism

I. INTRODUCTION Efforts to realize the objectives of the State based on the Preamble of the 1945 Constitution of 1945 are actualized through the increase of economic growth such as by exploring the potential of domestic resources, one of them through the utilization of resources as the tourism sector.1 Tourism development is one sector of development in the economic field

1 Tourism is a promising sector to boost Indonesia's economic growth. The growth of this sector could help to tap private investment, create jobs, increase exports, guide infrastructure investment. According to the World and Tourism Council, every $ 1 million spent on travel and tourism sectors could support 200 jobs and $ 1.7 million of GDP for Indonesia. See The World Bank, www.worldbank.org, link: http://www.worldbank.org/in/country/indonesia/publication/indonesia-economic-quarterly-october-2016. See also: Currently, Indonesia's tourism sector contributes to approximately 4% of the total economy. By 2019, the Government of Indonesia wants to increase this figure twice to 8% of GDP, implying that over the next 4 years, the number of visitors needs to be doubled to approximately 20 million, in https: //www.indonesia- investments.com/id/business/industry-sector/pariwisata/item6051? See also: In the year 2019 the end of the RPJM of President Joko Widodo's leadership period, the target of foreign tourists visiting amounted to 20 million, domestic tourists or domestic visitors amounted to 275 million people. This tourism sector is targeted to generate

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that can accelerate economic growth and welfare of the community. Indonesian Ministry of National Development Planning (BAPPENAS) in the Vision and Direction of Long-Term Development (PJP) Year 2005-2025 wrote that: 2 Tourism is developed to encourage economic activity and enhance the image of Indonesia, improve the welfare of local communities, and provide expansion of employment opportunities. The development of tourism utilizes the diversity of natural beauty charms and national potentials as the largest marine tourism area in the world wisely and sustainably, and encourages economic activities related to the development of the nation's culture. As a form of legal certainty that became a characteristic of the State of law,3 tourism is regulated through Law Number 10 Year 2009 on Tourism (hereinafter referred to as Law No.10 Year 2009). Besides being an element of economic growth, tourism also aims to provide protection for religious values, culture that lives in society, environmental sustainability and quality, as well as national interests, so that tourism is an integral part of national development that is required to be done systematically, integrated, sustainable, responsible.4 The regulation on halal certification in providing Muslim consumer protection is contained in Law No. 33 of 2014 on Halal Product Guarantee (JPH). This law regulates the rights and obligations of business actors set forth in article 23 through 27. In article 26 business actors producing products of material derived from the forbidden substance as referred to in articles 18 and 20 shall be exempted from applying for a halal certificate.5 The appointment of NTB as a halal tourism destination and as one of the preparation areas is also based on the award of World's Best Halal Beach Winner: Novotel Lombok Resort & Villas, and World's Best Halal Destination Winner: Sembalun Valley Region, West Nusa Tenggara.6 Responding to the development of Halal Tourism, NTB Local Government made the regulation as a guideline and legality in the implementation of halal tourism, as seen in the issuance of Governor Regulation No. 51 of 2015 on Halal Tourism (hereinafter referred to as Gov. NTB N0.1 Year 2015) and then reinforced through Regional Regulation of Nusa Tenggara Barat Province No. 2 of 2016 on Halal Tourism (hereinafter abbreviated NTB Regulation No.2 Year 2016).

II. METHOD Based on some background description above, it is important to know and analyze the implementation of law related to halal tourism standardization in NTB. Thus, this study uses

260 trillion foreign exchange, in the Cabinet Secretariat RI, www.setkab.go.id. Link: http://setkab.go.id/tahun-2017- kita-genjot-sektor-pariwisata/ 2 National Development Planning Agency, Vision and Direction of Long Term Development (PJP) Year 2005 - 2025, access to www.bappenas.go.id link: https://www.bappenas.go.id/files/1814/2057/0437/RPJP_2005-2025.pdf 3 Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia, "The State of Indonesia is a State of Law”. 4 Consideration of Law Number 10 Year 2009 on Tourism (State Gazette of the Republic of Indonesia Year 2009 Number 11) 5 Asri, Asri. " Legal Protection for Consumers on Halal Certified Food Products." Jurnal IUS (Kajian Hukum dan Keadilan) 4.2 (2016). p. 8 6 View official site www.itwabudhabi.com, loc.cit.

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empirical legal research, with a normative juridical research model, 7 namely research that examines and analyzes the effectiveness of law and the application of law in society, legal principles and legal norms that will be applied as norms or norms which are benchmarks of reasonable human behavior, by reviewing applicable legal provisions, or research conducted with review the provisions of legislation (in abstracto) and see the legal facts that occur in the field (inconcreto). The approach used in this research is statute approach, conceptual approach, and sociological approach.8

III. RESULT AND DISCUSSION 3.1 Implementation of Halal Tourism Service Standards in Tourism Development in NTB NTB Regulation No.2 Year 2016 on Halal Tourism is an implementation of regional specificity as stipulated in Law No.23 of 2014 on Regional Government. 9 In Article 236 paragraph (3) letter b contains provisions that the matter of Regional Regulation is further elaboration of the provisions of the higher legislation.10 In Article 236 paragraph (3) letter b contains provisions that the matter of Regional Regulation is further elaboration of the provisions of the higher legislation.11 The results of research on the Department of Culture and Tourism of NTB Province, showed that the halal tourism sector on the type of destination in NTB has not been implemented applying the concept of sharia tourism as a whole. Supri Kariyadi as Section Head of Tourism Halal Section Destination submits by basing on the description of Head of Culture and Tourism Office of NTB that:12 “The halal certification process for Culture and Tourism Office coordinates with the Department of Industry and Trade, Health Office and beyond it with MUI-NTB, we also intensively conduct seminars and socialization together. For the year 2016 and 2017 the focus of halal tourism is most of the planning and early stages of development, so there is no real kosher tourism, still inferior to ordinary conventional tourism, but our efforts to pay attention to the needs of Muslim tourists by providing detailed instructions and information. NTB regional government is developing a special beach tourism with the concept of halal beach. On this beach male and female tourists will be separated. Halal beach we are now in the stage of work, this year we have started the initial development, there are two coastal areas on the island of Lombok which will be developed into the concept of halal beach, among them in the area of Meninting, West Lombok and Mandalika area, Central Lombok. In the location of this halal beach will be no permanent barrier that separates between male tourists and female tourists. Food provided at the location is halal food “.

7 Mukti Fajar dan Yulianto Achmad, Dualism of Normative-Empirical Law Research, Pustaka Pelajar, Yogyakarta, 2010, p. 47 8 Peter Muhamad Marzuki, 2005, Legal Research, Seventh Print, Kencana Prenada Media Group, Jakarta, p.93 9 Law Number 23 Year 2014, op.cit. Article 236 paragraph (1): To carry out Regional Autonomy and Co- Administration Tasks, the Regions shall establish Regional Regulations 10 Ibid. Article 236 paragraph (3) 11 See further in Law No. 10 Year 2009, op.cit. Article 23 paragraph (1) 12 Interview with Section Head of Halal Tourism, Destination Section, Department of Culture and Tourism of West Nusa Tenggara Province, Supri Kariyadi, Monday, September 4, 2017

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Based on regulation provisions in NTB Regulation No.2 Year 2016, then in the halal tourism sector in NTB Province divided into 2 (two) types, namely destination and industry. From the results of research, showed that the implementation of halal tourism standards in NTB has started to show improvement in the aspect. The significance of increasing the number of standardized implementation of halal tourism occurs in 2016, together with the issuance of NTB Regulation No.2 Year 2016 on Halal Tourism. Rauhun as the Chairperson of LPPOM MUI-NTB related to the growth of certification, said that:13 “The certification process is carried out by MUI in cooperation with Department of Industry and Trade NTB, as well as District and Municipal Health Office in NTB. The West Nusa Tenggara Provincial Ulema Council has issued 1496 halal certifications of , and MSMEs throughout the city districts in NTB. The number of halal certification results from 2012 to 2016, released on April 19, 2017, is divided into 3 groups, the first halal certification restaurant, shop, catering and restaurant , the second, halal restaurants, stalls, catering and non-hotel restaurant and the three processed products (UMKM) For the next year, it is expected to continue to increase with the number of awareness of the importance of getting halal certification. In 2016, the Institute for Food, Medicinal and Cosmetic Assessment of LPPOM MUI NTB has issued 676 halal certification for hotel restaurants as many as 28 certificates, 107 non-hotel restaurant certificates, restaurants and catering as much as 262, and UMKN processed products of 279. It should be noted that, NTB is the most abundant of the provinces in Indonesia that obtain halal certification, in addition to Jakarta, when compared with the regions throughout Indonesia, which means that the achievement is quite large, with the existing amount. “

Based on the above description of the interview, then in the implementation of halal tourism based on guidelines or provisions of NTB Regulation No.2 Year 2016 still not running optimally, halal certification is still dominated by the restaurant aspect, while for the destination is still limited to public facilities tailored to the needs of tourists Muslims with the addition of clues and other completeness according to the needs of Muslim tourists worship. Similarly with accommodation, and SPA. Still not showing significant improvement of service. This is in line with that stated by Paul Scholten that the law never runs in essence has become law.14 Realizing NTB as the “World's Best Halal Tourism and Cruise Destination”, an effective and efficient law enforcement effort is required, as law enforcement is an important step in maintaining the rule of law as a state of law. Law enforcement in halal tourism is a process of the enforcement efforts or the functioning of legal norms governing halal tourism in real terms as a guideline for the implementation of halal tourism. Law enforcement of halal tourism is an attempt to realize the ideas and concepts of law expected to become reality.

13 Interview with Chairman of LPPOM MUI-NTB, Rauhun, Tuesday, September 5, 2017 14 Satjipto Rahardjo, Legal studies, Citra Aditya Bakti, Bandung, 1996, p.69

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3.2 Factors Affecting Halal Tourism Service Standards in Halal Tourism Development In NTB 3.2.1 Legal Factor (Laws and Regulations) The birth of the Governor of NTB No.1 Year 2015 and the NTB Regulation No.2 Year 2016 mark the optimization of the role of local government in improving the halal tourism service. NTB Regulation No.2 Year 2016 is a regulation that regulates special halal tourism and explicitly determines the provisions in the implementation of halal tourism that determines the general standards that must be met by both conventional and halal tourism destinations and industries. Based on the above explanation, it shows that the legal factor is an important factor that serves as a driving force for the implementation and improvement of halal tourism in NTB. In Kelsen's view, law has an imperative character. Pure theory the law considers the coercion element as the main ingredient of the concept of law. He emphasized: “law is a command of human behavior that is imposed” (“law is a coercive order of human behavior”). Coercion (coercion) is determined by the rule of law (the legal order). Sanctions imposed by the law are outward sanctions, which involuntarily deprived life, liberty, or possession, or the imposition of other acts which the individual perceived as being bad by the individual.15 If you see the enactment of Regulation No.2 Year 2016 about Halal Tourism based on hierarchy of legislation, 16 the existence of NTB Regulation No. 2 of 2016 has not been reinforced by the above laws (Laws, Presidential Regulations, Ministerial Regulations) which regulate and provide special emphasis on the halal tourism sector, previously halal tourism has been regulated through the Minister of Tourism and Economy Creative Number 2 Year 2014 Concerning Guideline of Sharia Business Operations (State Gazette of the Republic of Indonesia Year 2014 Number 74). It is therefore necessary to strengthen further on all aspects of Halal tourism, both destinations consisting of natural attractions and cultural and consisting of accommodation, restaurants, travel agents and SPA. Besides, it is also necessary to harmonize or synchronize with related laws and regulations such as regulation of authority based on Law No.23 of 2014 on Local Government in order to give space to local government and strengthen the position of Regulation No.2 Year 2016 in order to enforce it and can function maximally.

3.2.2 Legal Structure Factors (Law Enforcement) Based on the Regulation No.2 Year 2016, the institutional in an integrated area in the implementation of halal tourism consists of government institutions in this case the Department of Culture and Tourism of West Nusa Tenggara Province, and non-government institutions such as the National Shari'ah Council of Majelis Ulema Indonesia Nusa West Nusa Tenggara (DSN- MUI NTB), West Nusa Tenggara Tourism Promotion Board (BPPD-NTB), and Association of The Indonesian Tours And Travel Agencies (Asita). These institutions affect the implementation of halal tourism standardization services, with the roles and authorities given, such as MUI-NTB, the increase of halal certification by 2015 and 2016 also cannot rule out the role of MUI-NTB.

15 J.W. Harris, Legal Philophies (London, UK: Butterworths, 1993), p.101. quoted in Yusuf Shofie, Guarantee of Halal Products From the Viewpoint of Consumer Protection Law, Journal of Shariah 3, November 2015, p. 49-50 16 Law Number 12 Year 2011 concerning the Establishment of Laws and Regulations (State Gazette of the Republic of Indonesia Year 2011 Number 82, Supplement to the State Gazette of the Republic of Indonesia Number 5234)

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a) Based on the description above, found the community factors, legal factors and legal structure factors as an inhibiting factor that affects the implementation of halal tourism in NTB. b) According to Soerjono Soekanto, the barriers that may be encountered in the application of the proper role of the role model or law enforcers may be of themselves or of the environment: c) Limitations of the ability to place themselves in the role of other parties with whom they interact d) A relatively high level of aspiration e) Very limited enthusiasm for thinking about the future, making it difficult to make projections f) The lack of innovative power is actually a conservatism partner.

3.2.3 Factor means or supporting facilities Based on the presentation of Chairman of LPPOM MUI-NTB, Rauhun that the number of small and medium industries processed food products that manage halal label certificate is still minimal. In fact, local governments have set up funds for financing the certification of halal certificate. Quote the interview as follows:17 “The government has eliminated the cost of obtaining halal certificate. But it is still minimal SMEs who take care of halal label for processed food products, to boost the number of SMEs and SMEs take care of halal label, mainly that is now free by the local government through APBD funds, should SKPD related technical assistance to business actors, be it IKM and UMKM in managing the process that must be passed, mainly to get household food industry issued by District Health Office / City. Assistance to business actors is very important to facilitate the management of PIRT. Because the fundamental problem experienced by SMEs and SMEs in managing halal certification is the average has not received a PIRT. Meanwhile, to obtain PIRT, business actors must go through various requirements in accordance with the provisions, whether the production process, hygiene, hygiene and standardization of raw materials used. Assistance for SMEs and SMEs to manage the halal label is very good to facilitate for the main business actor in getting PIRT. The assistance of UMKM perpetrators conducted by the Cooperative Office of UMKM (KUMKM) of NTB Province is quite successful. This is from the target of 150 business actors of processed food products have been completed and have obtained halal label. While IKM actors built by Department of Industry and Commerce NTB from the target of 360 businesses, many still have not achieved. The average of IKM perpetrators is constrained in PIRT, because the process is quite difficult. This is where the important role of the companion. Very good and effective applied by KUMKM NTB. Maybe the same thing can be applied by Department of Industry and Commerce NTB so that their SMEs can be facilitated get PIRT and halal label “.

Furthermore, the Indonesian Ulema Council of West Nusa Tenggara Province through Rauhun revealed that:18 “... the halal certification process of hotels and restaurants in this area is still very low, from our data, there are 300 hotels and restaurants that have not done halal certification,

17 Interview with Chairman of LPPOM MUI-NTB, Rauhun, Tuesday, September 5, 2017 18 Ibid.

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one of the causes is still minimal hotel and restaurant owners to process halal certification, their guests will be lost when they have taken care of the legality of halal certification. In fact, in a number of developed countries, such as Japan, Korea, Malaysia, and Thailand almost all their hotels have long been implementing the halal certification. The trend is not optimal for halal certification because the hotel management feels the management process is too complicated from the administration side, given the many tables that must be passed before the final process is done by the local MUI. This condition is reversed in the sector of UMKM which has taken care of halal certificate. This hotel and restaurant are very minimal. MUI has reminded SKPD related to proactively socialize to the managers of hotels and restaurants in this area, to take care of halal certification. In 2016 all financing is fully borne by APBD NTB according to the direction of the Governor of NTB. “

Related to supporting facilities or facilities, also reflected in the statement of Chairman of the Regional Government Promotion Board (BPPD) NTB, Afan Ahmad namely:19 “... But there are obstacles and challenges in developing Islamic tourism in NTB. Among other things such as the concept or definition of sharia tourism is unclear, hotels and restaurants have not been certified halal from MUI and not yet available sharia tourism training institute ... “ Based on the description on the results of the above research, it shows that, the supporting facilities or facilities influence the process of halal certification standardization in NTB. This is in accordance with the view Soerjono Soekanto who wrote that:20 “Without certain facilities or facilities, it is impossible for law enforcement to achieve its objectives. The facilities or facilities, among others, include educated and skilled human labor, good organization, adequate equipment, sufficient finances, and so on. “ Legislation will be effective, if in the making and its implementation is supported by adequate facilities. Which elements must be met so that the law (in this case legislation) can be used effectively as an instrument (public policy) and the limits of use are an important step both theoretically and practically.

3.2.4 Community Factors Law enforcement comes from the community and aims to achieve peace within the community. Every society or group at least have legal awareness, the problem that arises is the level of legal compliance, namely high legal compliance, medium, or less. The existence of the degree of legal compliance of the people to the law is one indicator of the functioning of regulation on halal tourism in NTB. Chairman of LPPOM MUI-NTB, Rauhun said that:21 “... The constraints so far, the LPPOM MUI NTB itself only offered a number of blank data. Due to the limitations of understanding and knowledge, have not understood that it should provide valid data. considering that we are actually not a searcher of data,

19 Interview with Chairman of BPPD-NTB, Afan Ahmad, Wednesday, September 6, 2017 20 Soerjono Soekanto, op.cit. p. 37 21 Interview with Chairman of LPPOM MUI-NTB, Rauhun, Tuesday, September 5, 2017

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because it is our duty as an auditor, so the auditor is staying spacious so that with frequent down the spaces with socialization and debriefing have a positive impact in providing understanding of halal certification, which did not know now know, both the rules and the mechanism, so that it will make it easier to obtain such halal certification, MUI strongly supports the central and local government programs related to NTB as a halal tourist destination. In fact, I appeal to the local governments of regents and mayors in NTB to participate in socializing halal tourism programs. I instruct all MUI officials in West Nusa Tenggara to support and encourage sharia tourism to be embodied and implemented, with the increasing number of halal certificates. As the seriousness of getting halal certification as much as possible, in mid-2017 and in the future we will pick up the ball. And I expect SKPD to be involved in socializing and giving encouragement to the community in each district of the city in NTB “. According to Agus Hidayatullah factors that also affect the standardization of halal tourism are:22 “Public compliance with the law, still lack of legal awareness of the community becomes a very important constraint, because basically halal tourism will not be optimal if it is not balanced by public awareness, as well as community efforts to joint local government and MUI-NTB work together”.

Chairman of BPPD-NTB, Afan Ahmad, based on the description of the interviews presented above, also see the community factor. Although this factor is not the only factor influencing the implementation of halal tourism. This means that, in the implementation of halal tourism has complexity ranging from central and local government institutions, as well as institutions that are given authority in the management of tourism in general.23 Lack of public awareness of halal certification is enough to contribute to the increase of halal tourism in NTB, so that the tasks and obligations of the government more difficult if the community also does not take part in accelerating the increase of halal tourism in NTB. In this context the need for reform in all aspects (not just the law) and enhancing the role of civil society in development oversight is the key to changing the development paradigm.

3.2.5 Factors Culture Soerjono Soekanto considers that,24 the legal culture as part of the legal system basically includes the values underlying the prevailing laws, the values which are abstract conceptions of what is considered good (so embraced) and what is considered bad (so as to avoid). These values typically are pairs of values that reflect two extreme states to be harmonized. Therefore, culture has a very big function for people and society, that is, so that people can understand how to act, do, and determine their attitude if they relate to others. Culture, then, is a fundamental line of conduct that establishes rules about what to do, and what is forbidden.

22 The result of interview with Head of Destination Department of Culture and Tourism of NTB Province, Agus Hidayatullah, Monday, September 11, 2017. 23 Interview with Chairman of BPPD-NTB, Afan Ahmad, Wednesday, September 6, 2017 24 Soerjono Soekanto, 2011, Factors Affecting Law Enforcement. Tenth Print, Raja Grafindo Persada, Jakarta, p. 59- 60

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Culture is built based on a long history, then a little much influence the social interaction of society. The level of public compliance with the law is also strongly influenced by culture. Therefore, the law enforcement approach should take account of local culture. Chairman of LPPO, MUI-NTB, Rauhun said that:25 “The island of Lombok and Sumbawa Island we know the population of the majority of Muslims, cultures based on religious values are very inherent in our society, the culture of the people see the food cooked by Muslims is halal, our society believes it, so efforts that have Muslims rarely applying halal certification, and vice versa, because the cuisine made by people outside of Islam is doubtful by Muslims, they want to get the cooking of the food free of haram ingredients so they are quick to take care of halal certification. The strength of a culture based on Islamic values in the province of NTB is also a factor to consider the determination of NTB as a halal tourism area, will provide its own attraction for tourists to visit the NTB. The determination of NTB as a halal tourism development area in Indonesia is a good step to promote NTB tourism and become an example for other regions that want to establish a halal tourism policy ... “.

Meanwhile, Head of Destination, Agus Hidayatullah said that:26 “As I said earlier, our Tourism is developed based on cultural conditions that have Islamic values, the culture of our society that considers halal tourism is not necessary halal certificate because the majority of the Muslim population must be straightened, the purpose of this kosher tourism is to guarantee us all, for tourists feel secure, if they feel safe it means also increase our image and society itself that feel the result” Thus, the local knowledge system is heavily influenced by culture; this in addition to constraints also reflects the wisdom of cultural traditions of a society can be used as an alternative to solve the problems faced by society, especially in utilizing the natural, economic and social resources available to advance Halal tourism in NTB. Community empowerment through socialization or counseling is a factor affecting the level of public awareness to lead to behavior change. Wicipto Setadi said that in the framework of the development of national law, it is also necessary to have a clear National Design System and Political Law which is a comprehensive design, which serves as a guideline for all stakeholders, covering all elements from planning, legislation, dissemination and legal culture community. The Grand Design System and Political Law National is a comprehensive guide line, which becomes the focal point and objective of all legal development stakeholders, which includes the full design of legal development structure. Grand design should start with the most basic thinking, as follows:27 a. Legal development should include: Principles, Norms, Institutions, processes and enforcement without prejudice b. Legal culture;

25 Interview with Chairman of LPPOM MUI-NTB, Rauhun, Tuesday, September 5, 2017 26 The result of interview with Head of Destination Department of Culture and Tourism of NTB Province, Agus Hidayatullah, Monday, September 11, 2017. 27 Wicipto Setadi, Development of Laws in order to Increase the Supremacy of Law, Jurnal Rechtsvinding, Volume 1 No. 1, April 2012. Publication by the National Legal Development Board (BPHN) and the Ministry of Justice and Human Rights of the Republic of Indonesia. p. 11-12

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c. In order to harmonize the law, a more systemic, comprehensive and holistic legal legislation mechanism is required; d. Consistency in the regulatory hierarchy culminating in the constitution. e. Devotion to the national interests as a pillar for the achievement of the objectives of law, namely the creation of justice and order within the framework of the welfare state. f. Grand design is done by law sector. In the framework of justice and legal justice, the development of the law must be seen in its entirety, which is not independent of history.

Some of the above points need to be based on Bernard Arief Sidhartha's view that the legal order forming naturally within a society or formed by the constituent elements of the society itself and not by the external elements will reflect the view a life that interacts with the religious beliefs held in the community. The laws formed in this way will be felt justly by the people because they are in accordance with the local people's legal consciousness.28

IV. CONCLUSION AND RECOMMENDATION 4.1 Conclusion The implementation of standardization of halal tourism service in NTB is implemented based on NTB Regulation No.2 Year 2016 about Halal Tourism on regional specification as regulated in Law No.23 Year 2014 on Local Government, law and regulation in halal tourism arranged covering tourism destination and industry. Standardization of the destination is done by the Department of Culture and Tourism of NTB through the fulfillment of public facilities according to halal tourism. Standardization in halal tourism industry is done by Department of Culture and Tourism, Department of Industry and Trade and Health Service, and MUI-NTB as institution authorized to issue halal certificate. The implementation of standardization through halal certification of industrial sector issued by MUI-NTB is increasing between 2012 until 2016. Factors affecting the implementation of halal tourism service standards in NTB include: First, the legal factor is shown through the increase of halal certification since 2015, the legal factor as an obstacle is the lack of special arrangement of halal tourism. Secondly, the structural factors that influence the standardization improvement are integrated institutions in the implementation of halal tourism and the granting of special authority to MUI-NTB, the inhibiting structural factor that is the lack of understanding of related institutions to the concept of Islamic tourism, and still limited the LPH that can help the performance of MUI- NTB. Third, the factor of supporting facilities or facilities is not yet available sharia tourism training institutions, inefficient administrative processes, and the lack of kosher guides. Fourth, the factor of the community as an obstacle is the limited understanding and knowledge of society and business actors on the concept and process of halal certification. Fifth, the cultural factor that is as the province of the majority Muslim population based on Islamic values.

4.2 Recommendation The development of halal tourism is needed to accelerate the fulfillment of public facilities in tourism destinations, and the industrial sector that still lacks halal certification needs

28 Bernard Arief Sidharta, Development of Current Law in Indonesia, Digest Epistema, Volume 2/2012, access to links: http://epistema.or.id/wp-content/uploads/2015/07/Digest_Epistema_vol_2-2012.pdf, p. 5

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to be encouraged through the assistance model by the NTB Regional Government in this case the NTB Culture and Tourism Office, the relevant agencies and non-governmental institutions MUI- NTB to facilitate administrative processes and balanced financing schemes. Institutional role in the implementation of halal tourism, needs to be improved through improving the quality of human resources in order to implement effective ways or forms of socialization or counseling to provide a complete understanding of the community, increased supervision through a sudden inspection involving the community, understanding of non-governmental institutions such as BPPD-NTB, ASITA, HPI, in order to participate actively to provide understanding to the society and business actors related to the concept of halal tourism and the importance of halal standardization through halal certification. Based on the factors that influence on the hampering of halal tourism service. It is necessary to take the following steps: Firstly, the legal factor for the strengthening of legal substance above NTB Regulation No.2 Year 2016 in support of halal tourism, namely the Central Government need to issue technical regulations such as Government Regulation or Ministerial Regulation to strengthen and provide legal clarity to the concept of tourism halal technically. In addition, arrangements that provides space for the strengthening of regional institutions in tourism management. Secondly, structural factors through capacity building and active coordination of institutions mandated by local regulations, involving Halal Inspection Bodies that can assist the MUI-NTB performance, such as involving other Islamic organizations such as Muhammadiyah, NU and NW who have food review institutes and universities in NTB. Third, the supporting facilities or facilities need to be realized sharia tourism training institutions, efficient administration process, and the addition and guidance of kosher guides. Fourth, the factor of society and cultural factors is addressed by the optimization of community empowerment, can use the method of socialization or intensive mentoring involving all elements, educational institutions and non-governmental organizations.

REFERENCES Books Bambang Sunaryo. 2013. Tourism Destination Development Policy; Concepts and Applications in Indonesia. Yogyakarta: Gava Media. J.W. Harris. Legal Philophies (London, UK: Butterworths, 1993). Quoted in Yusuf Shofie, Guarantee of Halal Products From the Point of View of Consumer Protection Law. Jurnal Syariah 3, November 2015, p. 49-50 Mochtar Kusumaatmadja. 2002. Legal Concepts in Development (Collection of Writings). Bandung: Penerbit Alumni Mukti Fajar and Yulianto Achmad. 2010. Dualism of Normative-Empirical Law Research. Yogyakarta: Pustaka Pelajar Peter Muhamad Marzuki. 2005. Legal Research. Seventh Print. Jakarta: Kencana Prenada Media Group Satjipto Rahardjo. 1996. Legal Studies. Bandung: Citra Aditya Bakti Soerjono Soekanto. 2011. Factors Affecting Law Enforcement. Tenth Print. Jakarta: Raja Grafindo Persada

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Implementation of Halal Tourism Standardization in Tourism Development in NTB

Legislation: Law No.10 Year 2009, op.cit. Article 23 paragraph (1) Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia, “The State of Indonesia is a State of Law”. Regional Regulation of Nusa Tenggara Barat Province Number 2 Year 2016 concerning Halal Tourism (Province Gazette of West Nusa Tenggara Province Number 2 Year 2016), See Consideration letter d. Law Number 12 Year 2011 concerning the Establishment of Laws and Regulations (State Gazette of the Republic of Indonesia Year 2011 Number 82, Supplement to the State Gazette of the Republic of Indonesia Number 5234) Law Number 23 Year 2014, op.cit. Article 236 paragraph (1): To carry out Regional Autonomy and Co-Administration Tasks, the Regions shall establish Regional Regulations

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