The Intersection of the Progressive Law Theory and the Self-Declaration Concept of MSEs Halal Certification

licensing process for obtaining a halal certificate specifically for SMEs. It waives certification fees, reduces processing time, and simplifies aspects of business licensing. MSEs can obtain a free certificate through self-declaration if their products meet certain conditions, including not being at risk, being made from natural ingredients, being halal, having a simple production process, having assistance with Halal Production Process (PPH), and being supported by an MUI fatwa. Progressive law recognizes that the law is not absolute or final, but an evolving process aimed at achieving justice and improving human lives. This article explores the intersection between self-declaration and Satjipto Raharjo's progressive legal theory. It highlights the shared objectives of realizing justice, assisting MSEs in obtaining halal certification, humanizing the law, facilitating licenses for MSEs, and adapting regulations to societal changes. The approach encourages breaking and making rules to create progressive laws and involves business actors and companions in the halal certification process, making the law responsive and participatory.


INTRODUCTION
Professor Satjipto Rahardjo, one of Indonesian legal scholars, introduced the concept of "progressive law" as a response to concerns about the functioning of the legal system. He expressed apprehension that if the law fails to bring happiness to the people, those responsible for its enforcement should feel a sense of unease. This anxiety stemmed from observing the prevailing approach to law in Indonesia, Available online at http://journal.unnes.ac.id/sju/index.php/jils where rationality is often prioritized above justice in its application and implementation. 1 The development of progressive law was a direct reaction to the dominance of a modern legal paradigm that emphasized rationality as the primary guiding principle. According to Satjipto Rahardjo, this approach neglected the broader pursuit of justice and the overall wellbeing of individuals within society. He argued that the law should not merely be an instrument of rationality, but rather a means to achieve justice and promote the happiness and welfare of people. By advocating for progressive law, Satjipto Rahardjo aimed to highlight the limitations of a purely rational legal framework and promote a more holistic understanding of law's purpose and impact. He encouraged legal practitioners and scholars to critically assess the existing legal system and strive for legal principles and practices that prioritize justice and human well-being over mere technical rationality 2 The theory of progressive law emphasizes the never-ending process of searching for the truth and strengthening the law for humans. 3 The logical consequence is that implementing the law must benefit humans. Law enforcers must place and provide justice for humans. 4 Law is a process that continuously seeks a way to realize 1 Satjipto Rahardjo. Membedah Hukum Progresif. (Jakarta: Penerbit Buku Kompas, 2006). Available online at http://journal.unnes.ac.id/sju/index.php/jils justice for humans. In theory and practice, the implementation of the law must be able to realize justice for humans.
The concept of progressive law, which emphasizes the neverending process of searching for the truth, is an opportunity to strengthen the human factor in law. 5 But a different meaning is conveyed by Erlyn Indarty regarding progressive law. Erlyn stated that Progressive law requires the state to abandon its restricted function and embrace a boundless one to allow people to get hold of their desired affluence. It rests on the presupposition that the state can tell its citizens what they must-and must not-do. Progressive law may have the potential to manufacture a system of laws that excessively empowers the state so that liberty is crushed and the light of a free society is replaced with the darkness of tyranny. 6 In this article, the progressive law theory refers to Satjipto 7 , which said that progressive law begins with the basic assumption that law is an institution that aims to deliver humans to a just, prosperous, and human happiness life. It directs the ability of the law to serve humans. The primary legal capability in progressive law is to carry out rule-breaking or rule-breaking through existing laws if the law faces extraordinary conditions. As stated by Suteki, there are 2 (two) basic assumptions in the progressive legal movement. First, the law for humans. The presence of law is not for itself but for something broader and more significant.
If a legal problem exists, the law must be reviewed and corrected, not forced to include humans in the legal sub-theme. Second, the law is not an absolute and final institution because the law is always in a 5 Tan and Sudirman, "Concept to Increase Voluntary Tax Compliance among Legal Professions in Indonesia." Available online at http://journal.unnes.ac.id/sju/index.php/jils process that is continuously becoming (law as a process, law in the making). 8 Conceptually, self-declaration has become a keyword in fulfilling halal certification obligations since the enactment of Law No. 11 of 2020 Concerning Job Creation/Undang-Undang Cipta Kerja (hereinafter as UUCK). One of the significant changes in the application of halal product guarantees is the existence of Article 4A (1) For Micro and Small Business Actors, the obligation to obtain halal certificates, as referred to in Article 4, is based on the unilateral statements of Micro and Small Business actors.
(2) Statements of Micro and Small Business Actors, as referred to in paragraph (1) According to Julia Black, Risk-based frameworks can become very complex as the number of risks they focus on increases. The riskbased frameworks in use vary considerably in their degree of complexity. 14 The RBA determines the level of risk and the type of permits required. RBA consists of low-risk levels in the form of legality, medium-low-risk levels, medium-high-risk levels, and highrisk levels. 15 In the RBA concept, sectoral regulatory agencies apply RBA specifically, have great discretion, and determine risks. Sectoral regulatory bodies are the parties that understand the most about inherent and managerial risks in each sector. 16 It is not surprising that the existence of a self-declaration concept is controversial. One party appreciates, but the other party depreciates (denounces). Parties who contra and depreciate selfdeclaration mention the following reasons: 12 "Questioning the Self-Declaration of Halal Products in the Ciptaker Law," accessed May 5, 2022, https://nasional.sindonews.com/read/189162/18/menoal-self-declare-producthalal-di-uu-ciptaker-1602076239 . 13 Aryo Hanggono, "Risk-Based Business Licensing Implementation of the Risk Based Approach-RBA Cluster: Simplification of Business Licensing for the Job Creation Bill," 2020. 14 Julia Black, OECD Reviews of Regulatory Reform: Risk and Regulatory Policy (OECD, 2010 As for the party that appreciates self-declaration states: First, Self-declaration will make it easy for MSEs to get a halal logo, trim the filing period, and process for halal certification. It improves halal product guarantee services and measurability for business actors,  Available online at http://journal.unnes.ac.id/sju/index.php/jils Progressive Law wants to keep up with the times, respond to a rapidly changing society with all the basics, and serve the community by relying on the morality aspect of law enforcement. 27 Satjipto stated that law is a progressive institution that never stops stagnant but continues to grow, change and develop. Without change, society will leave the law. Changes occur in the legal system and regulations. 28 Progressive law and progressive legal science are flowing ideas. The law continuously overturns, replaces, and liberates stagnant laws. The law rests on rules and behavior, but progressive law places more factors of behavior above rules. 29 Kristiana 30 identifies progressive law's assumptions, goals, spirit, and character as stated in figure 1. According to Kristiana, progressive law assumes that law is for humans and is not a final institution. Progressive legal goals for human welfare and happiness.
The spirit of progressive law is liberation from the principles, theories, Available online at http://journal.unnes.ac.id/sju/index.php/jils

FIGURE 1. Progressive Law Identification
Source: Yudi Kristiana, 2007. 31 The spirit of progressive law is the spirit of liberation. The meaning of "liberation," according to Satjipto Rahardjo: 32 1) Freedom from the types, ways of thinking, principles, and theories; 2) Liberation of law enforcement facilitates legal efforts to resolve problems.
Liberation in progressive law means liberation in thinking and acting in law. The liberation that allows the law to flow to serve humans and humanity, from rule-making and rule-breaking. Yusriyadi, 34 quoting Satjipto, said that rule-breaking is looking for a new path in the following way: 1) Using spiritual intelligence to wake up from legal adversity, the courage to seek new ways; 2) The search for deeper meaning is a new criterion in implementing the law and being the rule of law. Each party involved in the law enforcement process is always encouraged to ask conscience about the deeper meaning of the law; 3) The implementation of the law is not only according to logic alone but with feelings, concern, and involvement for vulnerable groups. Progressive law always sees law as a comprehensive institution in law enforcement.
In his book Satjipto Rahardjo 35 recorded 5 (five) progressive legal ideas. First, the basic assumption of progressive law is that law is an institution that aims to deliver humans to a just, prosperous life and makes people happy. Law is not an absolute and final idea.
Progressive law is a correction to the weaknesses of the modern legal system, which is rigid and bureaucratic.
Second, the idea is that humans are good. The law is not a king but a tool to give the world and humans grace. There are 3 (three) cores of progressivism: law exists for humans and not for itself, the law is always in the status of "law in the making," not final, and law is Available online at http://journal.unnes.ac.id/sju/index.php/jils human welfare and solid moral content. It liberates theory and practice and is critical and functional.
Third, morally progressive law encourages law to provide better services to the nation. Fourth, elaborating progressive legal capabilities to improve the quality of legal products. Such as pushing for the method of law to be a combination of various elements; the combination of various theories, commitment, dare, and determination. Fifth, it is necessary to read legal texts that open up interpretation. Interpretation of regulatory texts is the heart of the law.
The law is not for itself and is not final. Even in a rule-of-law state, not all issues have to be with and through law. Progressive law sees law, not as a final product. Law is always in the process of continuing to be, constantly waking up and transforming itself to a higher level of perfection. 36 Public participation support law enforcement. Public participation is vital because the law has limited ability. To believe that the law can do everything is unrealistic and a wrong attitude. 37 Law is not only a matter of law but also behavior. There must be an approach from the other side of the law; political, social, economic, and cultural society. 38 Progressive Law wants to consciously place its presence in a close relationship with humans and society. 39 So, every doctrine must be open to review and rethinking its use. Law is for a man, not man for the law. Law is always in the process of building. 40 Executing the law is not the same as applying the letters, but seeking and finding the true meaning of a rule. Progressive law is not stopping to accept 36 Rahardjo. p.21. 37 Rahardjo,Membedah Hukum Progresif., Rahardjo,Penegakan Hukum Progresif. p. 257. 39 Rahardjo, Rahardjo. pp. 18,39,143. Available online at http://journal.unnes.ac.id/sju/index.php/jils the situation and being frozen but creative. Progressive law liberates spiritual creativity by breaking the existing benchmark rulebreaking and forming new rule-making. 41 Concerning laws in Indonesia that have not provided Justice to society, progressive laws suggest using a dual paradigm; the regulatory and moral paradigms. The moral paradigm; is honesty, self-control, maintaining human dignity and shame, reducing selfesteem, and paying more attention to others. In comparison, the regulatory paradigm can refer to Lon L Fuller's opinion.
According to Fuller, the law must follow the Morality of Law provisions to realize Justice and make regulations. Regulation to be accepted as a legal system must base on 8 (eight) "principles of legality" 42 The rules must be (1) sufficiently general, (2) publicly promulgated, (3) prospective (i.e., applicable only to future behavior, not past), (4) at least minimally clear and intelligible, (5) free of contradictions, (6) relatively constant so that they do not continuously change from day to day, (7) possible to obey, and (8) administered in a way that does not wildly diverge from their obvious or apparent meaning. 43 Fuller states, "A total failure in any of these eight directions does not simply result in a flawed law system. It results in the law not being a legal system at all. However, at some point, obedience becomes futile." 44 If a system of social control does not fulfill each condition to some extent, then it is not a legal system. A complete 41 Rahardjo,  Available online at http://journal.unnes.ac.id/sju/index.php/jils failure regarding any of the eight precepts will entail the nonexistence of law within the society marked by the failure. 45 Based on Fuller's opinion above, there is a possibility that the obligation of halal certification for MSMEs will cause problems without a legal system. These problems include: 1) The obligation of halal certification will be an obligation that exceeds the capabilities of MSE Business Actors in terms of financing and procedures.
2) There may be a mismatch between their halal certification obligations and daily practices. The low number of those who carry out halal certification indicated this mismatch.
The progressive law theory drives law as an institution that aims to deliver humans to a just, prosperous, and happy life. The presence of law is not for itself but for something broader and more significant. If a legal problem exists, the law must be reviewed and corrected, not forced to include humans in the legal sub-theme. The law is not an absolute and final institution because the law is always in a continuously becoming process. Business Actors regarding the halalness of a product. 48 Therefore, by self-declaration, business actors officially declare the halalness of a product.

SELF-DECLARATION CONCEPT
Self-declaration is a regulation that applies a risk-based regulatory approach. MSEs can get a free certificate with a selfdeclaration concept. Self-declaration requires products that are not at  (7) and (8)  Thus the essential criteria in a self-declaration are: the product is not at risk, guaranteed to be halal, and the production process is halal and simple. 53 As for the production criteria that are guaranteed to be halal and simple: using production equipment with simple technology or done manually or semi-automatically, the production process does not experience irradiation, genetic engineering, Available online at http://journal.unnes.ac.id/sju/index.php/jils and status, who always contacts law in their daily life. 63 The haves have been involved in many similar litigations over time. 64 There are 4 (four) elements to the advantage of the rich getting legal services: 65 First, as a party to a lawsuit, they can write contracts, have access to specialist lawyers, enjoy economies of scale, and have the ability to negotiate. Second, they have lower initial costs than their abilities in the legal service element.  66 The socioeconomic difference is the difference in a person's prospects for obtaining welfare, income, and authority. In the medium term, the most disadvantaged refers to those with the slightest opportunity to achieve prospects for prosperity, income, and authority. 67 Samekto, quoting Roscoe Pound, views the duty of law as a tool to carry out social engineering for shared prosperity. The task of law is to harmonize the interests of the individual and society toward Available online at http://journal.unnes.ac.id/sju/index.php/jils achieving the desired justice together. 68 Justice is the goal of legal systems. It is inaccurate to refer to justice as either an "individual virtue" or "the ideal connection among men." Justice can be summed up as "such adjustment of relations and ordering of activity as will make the goods of life go-round as far as feasible with the least friction and waste." 69 Conversely, People's contact with the law varies and depends on social status. Poor people tend not to do anything with the law. Poor people tend to be unwilling and unable to comply with legal obligations. People with higher incomes are more likely to use the law. The unequal wealth distribution differences affect the tendency to use the law. 70 MSEs are a group of people who tend to have less contact with the law. With their wealth level, they tend not to follow and obey the law.
Moreover, the obligation of halal certification will cost MSEs and take up their time. Initially, UUJPH required halal certification for all business actors, regardless of each business actor's capital and annual sales. However, UUCK waives the cost of halal certificates for MSEs with small capital and turnover. So, the existence of self-declaration can create justice and balance for MSMEs.
The expected balance point is the hope that all economic groups can carry out the halal certification process by eliminating the difficulties of the minor business sector, MSEs. Self-declaration achieved a balance if it targeted the benefit of all stakeholders, including customers and consumers, MSMEs, and large businesses. 71 Available online at http://journal.unnes.ac.id/sju/index.php/jils Progressive law is pro-justice, and pro-people, from the perspective of MSEs, can mean the ease of obtaining a free and halal certificate. Self-declaration can only be carried out with strict supervision from BPJPH so that the essence of the halal certification rules is maintained.
Self-declaration seeks to regulate the implementation of halal certification to realize the basic structure of Social Justice. The halal certification obligation has been torn apart by social stratification based on differences in wealth. Until only middle-class business actors can access the halal logo, MSE's self-declaration concept can overcome gaps in the implementation of halal certification. There is an easy concept, free mechanism, and assistance. Thus, MSE's business actors can feel prosperity and happiness because selfdeclaration is oriented towards the goodness of business actors who benefit the least.
Fairness in obtaining a halal logo for MSEs is an adjustment of relations and behavior regulation that will make MSEs get the correct halal logo. The acquisition is under the rules and standards set by BPJPH. UUCK mandate, which BPJPH is now implementing, will regulate the implementation of self-declaration in such a way that it continues to give justice to MSEs. The regulation does not compromise halal principles and standards like the ordinary halal procedure. From the theory of progressive law, self-declaration is a form of rule-breaking to rule-making. Self-declaration is a legal breakthrough when the law deals with extraordinary conditions. Self-declaration is a search for a new path (rule-breaking). Rule-breaking, in the concept of progressive law, uses spiritual intelligence to make legal rules.

II. SELF-DECLARATION FROM RULE
Courage to seek new roads (rule-breaking) and create rules that create balance and Justice for MSEs. Self-declaration is an effort to find deeper meaning in carrying out the law, especially in the halal certification program. From a regulatory standpoint, from a progressive legal theory, self-declaration is law-making for humans. It is not the other way around; the community of MSME actors seeks law. Self-declaration makes human MSME actors the central point of law. Naturally, suppose laws and regulations do not accommodate the interests of society. In that case, their application follows the reality of society.
The law, as a sociological reflection of society, will seek breakthroughs.
To Available online at http://journal.unnes.ac.id/sju/index.php/jils be prioritized? Officials must understand which law should be prioritized. 75 The critical stages of responsive law are in the implementation and acquisition of legitimacy; it must be able to translate the general objectives of law into specific objectives. 76 One of the characteristics of responsive, participatory, and populist legislation is seeing the legal need mainly from the public to form legislation. 77 Anggono,78 quoting Seidman and Seidman, defines participation as "the parties affected by regulations must have the widest opportunity to provide feedback, criticism. They must be involved in the decision-making process." According to Shidarta, 2 (two) logics must always be followed in reading legal rules, namely the logic of social reasonableness and justice. 79 Social appropriateness is individual behavior in response based on the habits prevailing in society. 80 If Satjipto Rahardjo agrees that progressive law adheres to a responsive type of law, he tends to view justice as substantive justice. 81 Substantive justice is based on public morality, human values and can provide satisfaction and happiness for society. Justice is not merely a juridical issue but also a social problem. The character of substantive justice rests on the 'response' of society, which relies on law based on the people's hearts. There are at least 4 (four) Available online at http://journal.unnes.ac.id/sju/index.php/jils characteristics of substantive justice content, namely objectivity, honesty, impartiality, and rationality. 82 Progressive law is a responsive legal type, such as resistance. 83 Responsive, progressive law relies on the doctrine that law must be functional, pragmatic, purposeful, and rational. 84 The essence of responsive, progressive law is to make the law more responsive to reality. So, progressive law also prioritizes substantive Justice and the integration of legal and political aspirations. 85 Responding to reality means placing law as a means of responding to social provisions and public aspirations, following the progressive nature of law, which is open and accommodates social changes. 86 Progressive laws encourage public participation. Public participation is vital because; the law has limited power. Entrusting everything to the power of law is an unrealistic and wrong attitude.
On the other hand, society has autonomous power to protect and organize itself. This power temporarily sank under the domination of modern law, namely state law. 87 According to Anggono,88 participatory law means that the idea of forming laws and regulations does not always come from state authorities but can come from society. The drafting and discussion process involves the public giving their opinion directly or indirectly.
Available online at http://journal.unnes.ac.id/sju/index.php/jils They must be allowed to give their opinion on any provisions that will govern and bind them. Self-declaration balanced procedural Justice with substantive Justice oriented to the benefit of society. It returns legal thinking to its basic philosophy: law for humans, MSES. Humans become the determinant and legal orientation point. Self-declaration shows that the law is in charge of serving humans, especially MSEs. Selfdeclaration shows that law is not an institution free from human interests. So the philosophy of the progressive legal paradigm is the law for humans. The quality of law upholds integrity in serving human welfare -the embodiment of progressive pro-justice and propeople law. The people's interests are the orientation point and the ultimate goal of law enforcement.
For this reason, the stakeholder's self-declaration: BPJPH and business actors must prioritize honesty and sincerity in implementing self-declaration. Holders of legal power have empathy and concern for the people's suffering. Business actors burdened with the obligation to carry out halal certification must be honest, sincere, and eager to fulfill their obligations.
Self-declaration requires products made from natural ingredients, micro or small turnover, and assistance in the Halal Product Process (PPH). The PPH Facilitator ensures that the product is not at risk with the following halal criteria: halal certified or 94   Available online at http://journal.unnes.ac.id/sju/index.php/jils approach, the regulatory framework demonstrates responsiveness to the evolving needs, desires, and changes within society. It offers MSMEs an opportunity to obtain halal certificates even with limited financial resources and sales capacity, thereby achieving a fair balance between MSMEs and larger companies. Furthermore, the study identifies key intersections between progressive law and the objectives of self-declaration. These intersections include: first, realizing justice by assisting MSMEs in obtaining halal certification, prioritizing the human aspect of the law and facilitating the licensing process for MSEs, second, embodying the concept of rule-breaking to rule-making, which entails creating new regulations to promote progressive laws. This perspective acknowledges that the law is not static but can adapt to societal changes, and third, encouraging a responsive and participatory legal system that involves business actors and companions in the halal certification process. Overall, this study confirmed that the implementation of self-declaration in halal certification aligns with the principles of progressive law, fostering justice, balance, and inclusivity for MSMEs in their pursuit of halal compliance.

ACKNOWLEDGMENT
Authors would like to thank to Doctoral Program of Law, Faculty of Law, Universitas Diponegoro, Semarang Indonesia. Authors also would like to thank to Institut Agama Islam Negeri Syeikh Nurjati Cirebon and Ministry of Religious Affairs of Republic of Indonesia.