Does Halal Tourism Matter? A Study About Implementation of Sharia-based Hotel in Bandung, West Java, Indonesia

Halal tourism is a significant concern in Indonesia, where most people are Muslim. One of the halal tourism industry sectors that has emerged in society is the existence of Sharia-based hotels. Sharia hotels are hotels whose management is in accordance with Sharia principles. However, only a few hotels in Bandung use Sharia principles because there are no standard regulations for halal tourism. The purpose of this research is to understand the juridical regulations regarding the sharia-principle hotel industry and to understand the level of public awareness and compliance in utilizing services in the Sharia hotel industry in the city of Bandung. The research methodology used is normative juridical, using empirical juridical research of a qualitative nature, using empirical normative legal research methods. The Sharia hotel industry is still implementing the Minister of Tourism and Creative Economy Regulation No. 2 of 2014 concerning Guidelines for the Implementation of Sharia Hotel Business; there is a legal vacuum here because juridically, the rules and regulations regarding Sharia hotels have not been made or do not yet exist. Conclusions is the hotel with a Sharia concept is a good intention from the stakeholders of the Sharia economy. In Bandung, there are several Sharia hotels that have not been certified but have implemented Sharia principles in their management, so these hotels have carried out independent assessments, so they are permissible as long as


INTRODUCTION
Nowadays, in the last few decades of the 2000s, the halal industry began to move into the lifestyle industry, including tourism, hospitals, recreation, medical care, fashion, cosmetics, and many more (Rasul, 2019).This is motivated by the growth of a sizeable Muslim population and an increase in their high purchasing power (Ratnasari, 2020).Halal has become an important issue; this is in line with Indonesia, where the majority of the people are Muslim, in line with emphasizing Islamic values.In addition, consuming halal products is part of the application of faith (Aisyah, 2014).E-ISSN: 2686-4819 P-ISSN: 2686-1607 DOI: 10.37680/almanhaj.v5i2.3992 DOI: 10.37680/almanhaj.v5i2.3992The final report of the Ministry of Tourism's Sharia Data Development Study in 2016 shows that the Islamic economy is an essential part of the global economy today.There are seven sectors of the Islamic economy that have increased significantly, namely culinary, Islamic finance, the insurance industry, fashion, cosmetics, pharmaceuticals, entertainment, and tourism, where the whole sector must carry the concept of halal in every product (Azam, Abdullah, & Razak, 2019).The rapid economic growth of Muslim-majority countries has encouraged the growth of Islamic businesses, one of which is halal tourism (Rasul, 2019).
The definition of halal tourism is broader than religious tourism, namely tourism based on Islamic Sharia values.As recommended by the World Tourism Organization (WTO), consumers of Islamic tourism are not only Muslims but also non-Muslims who want to enjoy local wisdom (Mohsin, Ramli, & Alkhulayfi, 2016).The term "Islamic tourism/halal tourism" was first introduced to the public in 2000 at the OIC (Organization of Islamic Conference) meeting (Azam, et.al, 2019).To describe this type of tourism, many terms are used.Among them are Sharia tourism, Islamic tourism, halal-friendly tourism destination, halal travel, Muslim-friendly travel destinations, halal lifestyle, and several other terms tailored to the policies of the country that developed it (Ratnasari, 2020).
Indicators about the halal tourism industry are not specifically regulated in the Qur'an (Ahyar & Wibowo, 2019).The Qur'an regulates the rules for consuming and using an item globally; however, there need to be more specific rules due to the rapid development of the halal tourism industry (Purwandani & Yusuf, 2021).Since the Minister of Tourism and Creative Economy Regulation No. 2 of 2014 concerning the Implementation of Sharia Hotel Business was revoked, there is no standardization of Islamic hotels, and there is a legal void (Yusiani, Kusrini, & Kasim, 2023).According to DSN-MUI Fatwa No. 108 concerning Guidelines for the Implementation of Tourism based on Sharia principles, what is meant by halal tourism is a variety of tourism activities supported by various facilities and services provided by halal tourism Development will not be optimal if without regulations governing it (Bahrudin, 2022).Sharia hotels are hotels that are managed in accordance with Sharia principles, namely hotels that provide lodging, eating and drinking services, as well as other services for the public, are managed commercially, meet the requirements set by the government and do not conflict with sharia principles (Ulum, 2023).The majority of hotels in urban areas are places that provide lodging and accommodation services for people who are travelling or travelling for specific purposes in other areas that require a temporary place to rest (Shoval, McKercher, Ng, & Birenboim, 2011).As in the city of Bandung, where there are already dozens of hotels that stand in the city of Bandung, but there are only a few hotels that use Sharia principles in management and implementation (Haetami, 20210).In Bandung, there is no qualification that specializes in Sharia hotel licenses; everything is the same (Rifai, 2022).Ajeung Syilva Syara, Tribowo Rachmat Fauzan / Does Halal Tourism Matter? A Study About Implementation of Sharia-based Hotel in Bandung, West Java, Indonesia 2047 Implementation in the field, there are several halal tourism practices, such as Sharia Hotels, Sharia tour guides, and others, that are not in accordance with the provisions in DSN-MUI Fatwa Number 108 / DSN-MUI / X / 2016.The hotel certainly has a reason why its practices are not in accordance with the fatwa.Because it is likely that the organizers to implement the fatwa as a whole have difficulties that can hinder service, so they make decisions so that service to customers continues to run well even though there is little madharat (harm) caused (Wahyudin, Randa, El Karimah, & Santoso, 2022).
Seeing the condition of the absence of regulations regarding halal tourism and also at the request of several parties, at the end of 2016, the National Sharia Council (DSN) of the Indonesian Ulema Council (MUI) issued a fatwa governing the implementation of Sharia (halal) tourism which can be used to develop the halal tourism sector in Indonesia (Adinugraha et.al, 2021).This fatwa regulates the entire Sharia tourism activities, from the provisions of the contract (agreement) made, the provisions of hotels, tourist destinations, SPA, Sauna, Massage, and Travel agencies, as well as provisions regarding the tour guide (Bahrudin, 2022).However, when scrutinized, provision after provision contained in the fatwa issued by DSN-MUI seems to lead the halal tourism industry towards exclusive tourism.(Adinugraha, et.al, 2021).The essence of halal tourism is extended service or a form of maximum service to tourists.
In addition to the political role of the government in supporting and overhauling the social structure (Bahrudin, 2022).In Indonesia itself, the role of MUI has a significant influence in terms of its contribution to issuing fatwa about socio-political, economic, and cultural issues, so that between political policies by the government and the orientation of MUI has an essential role in providing legitimacy to realize the concept of halal tourism (Al Hasan, 2017).In line with that, this study discusses and analyzes how the construction and legitimacy of the halal concept in Islamic hotels in Bandung City.The focus of this research is on the process of construction and legitimization of the concept of halal tourism and its implementation in the field.Because Islamic hotels are proliferating, it is necessary to have a critical and in-depth study of halal tourism so that in its implementation, there is no perspective bias so as to create benefits.

METHOD
This research is field research which is included in descriptive qualitative research, which reveals the facts that occur, the actual situation, phenomena, and variables as they exist in society (Creswell & Poth, 2016).The location of this research is located in the Bandung city area, while the details of the research address adjust to several Islamic hotels under study.This research approach uses empirical juristic methods with a sociological approach.The facts that occur will be approached by juridicalempirical aspects using various regulations.The type of data collected in this research is adjusted to the problem formulation stated above.The data is collected from various information, both in the form of documents and statements, which are undoubtedly related to the object being studied.Sources of data are selected directly by the author by taking several people who can be used as information that can provide accurate information and essential and weighty information values (Creswell & Poth, 2016).
The data sources of this research were also obtained from books and reading materials that are relevant to the discussion of this thesis, namely regarding the implementation of the Sharia hotel industry in Bandung City.Data collection techniques were carried out by means of interviews, observations and literature studies.Data analysis is carried out by organizing data according to categories, arranging according to patterns, and then selecting essential data to be analyzed so that then an objective, logical, consistent and systematic conclusion can be obtained in accordance with the research objectives (Creswell & Miller, 2000).

Overview of Sharia-based Hotels in Bandung
Bandung is one of the tourist destination cities in Indonesia, known as the city of fashion or Paris Van Java.In addition, Bandung is also one of the cities of education.With its potential, the city of Bandung is an attractive city to be visited by both domestic and foreign tourists.This, of course, opens up opportunities for the growth of the lodging business.The presence of Islamic hotels is able to make tourists in the city of Bandung feel more comfortable and safe.The tourists who stay at Sharia Hotels can choose the location of the lodging according to what visitors want.The number of Sharia-based hotels is not as many as conventional hotels, but there are quite a lot of enthusiasts.The Sharia hotels located in the city of Bandung are listed below: Darul Jannah Hotel Jl.Gegeur Kalong 24 4

Ruby Hotel Syariah
Ruby Hotel Syariah is a hotel that applies the rule of only accepting guests in pairs (men and women) who are married.If there is a guest who stays alone and is visited by his partner, then the guest is only allowed to receive his partner in the lobby or in the restaurant and cannot be in the room.In accordance with the concept carried, this hotel in each room is equipped with worship equipment such as sarongs, mukena, prayer mats and the Qur'an.Each room is also equipped with a prayer time marker.
If the guest is a non-Muslim, the prayer equipment will be kept, and the prayer marker will also be turned off.Because it carries the concept of Sharia, Ruby Syanah Hotel has a prominent enough mushala and ablution place that is different, and most hotel Mushala positions are also located at the front of the hotel or adjacent to the lobby.Ruby Hotel Syanah is more likely to implement honest Sharia, which is not allowed to commit adultery in the hotel, paired guests must be with their mahram, and no food and alcoholic beverages are available.Because the marketing base is Sharia, those who can stay are families or must be mahram; by showing ID cards from there, we can see husband and wife or not, and we can see the address.

Noor Hotel
Noor Hotel is a hotel with a Sharia concept that provides several souvenirs that can be purchased, such as prayer beads, Al-Quran, prayer rugs, mukena and many more.The 33-room hotel is equipped with a free minibar, prayer equipment and a Quran in each room.Each room has a mixed French and Islamic-style interior design.There are three meeting rooms that can be used for events such as bridal showers, birthdays, social gatherings, wedding proposal reunions and even manasik and muhasabah.
Noor Hotel also serves halal food without alcohol at Emmy's Kitchen and Emmy's Terrace.In addition to standard amenities such as WiFi, each room is equipped with complete prayer kits for both men and women, including prayer beads and Qur'ans.Guests can enjoy complimentary Zamzam water upon check-in and complimentary dates upon bed-making service.

Lingga Hotel
Hotel Lingga Bandung is one of the hotels that applies Islamic values in it, which is different from hotels in general.Of course, this service business is tasked with serving and receiving guests or visitors to the hotel according to Islamic values.One example is that hotel visitors who are in pairs if they want to rent a room in a couple of visitors must submit a marriage certificate as proof that the couple is mahram or a halal and legal couple.As in the rules of Islam that it is a must to be considered so that there are no things that cause fitnah from the limits of men and women unless they are married.Lingga Hotel also has its own uniqueness that is different from hotels in general in the selection process of recruiting prospective employees, which is subject to additional skill demands for prospective employees by requiring that each prospective male and female employee must be able to read and memorize short letters in the Qur'an.Especially for men are required to be able to chant the call to prayer, and of course, female employees are required to wear a hijab in every work activity.

Narapati Hotel
Since the beginning of the establishment of this hotel, the founder has consistently wanted to maintain the quality, service and image of the hotel; one of the ways is to introduce a Sharia culture that is, by religious law, truly a reflection of the image of Narapati Indah Syariah Boutique Hotel & Convention as a sharia hotel.If in conventional hotels, everything is free, both food, drinks, and entertainment.In Sharia hotels, the service is limited.Food, drinks, and restaurants must be halalcertified and the Indonesian Ulema Council (MUI).In fact, there is guest selection in this Sharia hotel service.In addition to halal food and beverages, each restroom or restroom must provide enough water to wash, both for urination and defecation and bathing.This is sometimes rarely found in conventional hotels that only provide tissue in the toilet.For in-room facilities, Sharia hotels usually provide prayer tools and Al-Quran so that guests feel at ease in worship.Based on this idea, the founder of the Narapati Indah Syariah Boutique Hotel & Convention company established an inn that is based on Islamic Sharia.

Daarul Jannah Cottage
Daarul Jannah Cottage is a hotel that has a low ranking value among other Sharia hotels.Daarul Jannah is the first sharia concept hotel in Bandung to date.Daarul Jannah still stands with the concept of Sharia behind many competitors, namely Islamic hotels that have the same concept in the city of Bandung, such as Rubi Hotel, Lingga Hotel, Noor Hotel, and others.One way customer relationship management applies Islamic organizational culture, employees at Daarul Jannah Cottage wear Islamic clothing, are polite and cover the aurat.Daarul Jannah Cottage has its own peculiarities in offering its services, cultivating greetings to guests, and trying to be friendly on every occasion, with the intention of putting happiness in the hearts of its brothers and a sincere smile full of alms meaning.In addition, the organizational culture at Daarul Jannah takes care of the problem of the spiritual intelligence of its employees, such as the holding of recitations before activities, tausiyah on certain days and Islamic training that build and strengthen the morals of its employees.In addition, there is also a two-day and one-night qolbu management spiritual tour package.Everyone can stay by following all the terms and regulations that apply, including couples who are not married are prohibited from staying.In addition, this hotel also does not provide alcoholic beverages or food (haram) and does not broadcast adult TV channels, so it is safe for family travellers.

Juridical Rules and Regulations Regarding Sharia-based Hotels
As an institution that oversees the scope of tourism and creative economy activities, including hotel facilities and services, this activity of providing room facilities is regulated and supervised by the ministry.This regulation is more fully regulated in the Regulation of the Minister of Tourism and In the event of a dispute between the parties in the implementation of tourism based on Sharia principles, the settlement is carried out through a Sharia-based dispute resolution institution in accordance with applicable laws and regulations after no agreement is reached through deliberation; among the provisions issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) Regarding Guidelines for the implementation of tourism based on Sharia Principles.
To facilitate the identification of Sharia hotels and the fulfilment of Sharia elements, the government divides groups into Hilal-1 Sharia Hotels and Hilal-2 Sharia Hotels.Hilal-1 is a classification for Islamic hotel businesses that are considered to meet all the criteria for Islamic Hotel Businesses needed to serve the minimum needs of Muslim tourists.While Hilal-2 Sharia Hotel is a classification for Sharia Hotel Businesses which are considered to meet all the Sharia Hotel Business Criteria needed to serve the moderate needs of Muslim tourists, Hilal-1 (one) and Hilal-2 (Two) Sharia Hotels.In the Hilal-1 Hotel Business criteria, the absolute criteria that must be owned include the product aspect, which consists of eight elements (8) and twenty-seven ( 27) sub-elements.While in the service aspect, the criteria that must be owned are six (6) elements and twenty (20) sub-elements.While in the management aspect, there are two (2) elements and two (2) sub-elements of criteria.Analysis of the causes of the legal vacuum, namely, the preparation of laws and regulations from both the legislature and the executive, in reality, takes a long time, so that by the time the laws and regulations are declared effective, the matters or conditions that the regulations are intended to regulate have changed.In addition, a legal vacuum can occur because matters or circumstances that occur cannot be regulated in a statutory regulation, or even if they have been regulated in a statutory regulation but are unclear or even incomplete.This is actually in line with the pameo, which states that the formation of legislation is always lagging behind or backwards compared to events in the development of society.
It can be said that the legislation (positive law) in force in a country at a particular time is a formal system, which is certainly rather difficult to change or revoke even though it is no longer in accordance with the development of the society that must be regulated by the legislation.
The development of society is always faster than the development of laws and regulations.
Legislation is actually made as a guide to behaviour for the community that can determine what is allowed and what is not allowed.A stable law can be a definite measure in society, but a law that runs in place will, in fact, become obsolete and left far behind by the development of society.For this reason, the development of society is indispensable.

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The work of lawmaking has two aspects, namely first, the lawmaker only establishes general rules, and considerations about concrete matters are left to the judge, and second is that the lawmaker is always behind with social events that arise later in society, so judges often add to the law If the judge adds to the legislation, it means that the judge fills the void element in the formal legal system of the applicable legal system.
Religious values (in this case, Islam) are noble and incredible values that are universal, and the purpose of these values revealed by Allah SWT is for the benefit of humankind.Thus, if these Islamic spiritual values are maintained and have even become urf, and become part of the daily activities of the community, then undoubtedly, the sustainability that is expected to be sustainable can also be realized because the adverse influence due to the development of conventional hotels can be warded off.
The role of law in society as the purpose of the law itself is to ensure certainty and justice in the life of the community; there is always a difference between patterns of behaviour or behaviour that prevail in society with patterns of behaviour desired by legal norms (rules) This can cause a problem in the form of a social gap so that at certain times there tends to be conflict and social tensions which of course can interfere with the course of societal change as desired direction.Such a situation occurs because the law created is expected to be used as a guide (standard) in acting for the community; there is no legal awareness, so there tends to be no legal obedience.

Level of Public Awareness and Legal Compliance in Utilizing Sharia Hotels
The increasing awareness of Muslims around the world about their obligation to consume and use goods or services based on Islamic requirements has created a greater dominance of halal product market demand (Akbar, 2022).One indication that there are several hotels that choose to apply Sharia principles in Bandung City is to reject usury and be more Islamic in treating consumers who stay at the hotel by providing comfort in terms of worldly facilities and worship.Today many claim and declare as Sharia hotels when in reality, they do not meet Sharia standards, and even the concept of Sharia standardization does not yet exist.Clarity of the definition and criteria of halal tourism is considered essential to develop the industry and avoid polemics that occur in the community regarding the determination of halal tourist destinations.
If analyzed, visitors actually understand a lot about the concept of Sharia.The problem is that this opportunity cannot be maximized because there is no regulation governing it.On the other hand, the absence of a clear definition of halal tourism makes some tourism businesses compete to apply services that are claimed to be halal to tourists or consumers.This will create a climate of unhealthy business competition and harm consumers.For example, one hotel claims to be a Sharia or halal hotel.The following is an analysis of the results of research on Sharia-principled hotels or Sharia hotels in Bandung:

Uncertified
All hotels that use the principles of shariah have entered the Hilal-1 Sharia Hotel Business criteria, which must have absolute criteria consisting of product aspects of 8 (eight) elements and 27 (twentyseven) subunits, service aspects consisting of 6 (six) elements and 20 (twenty) subunits.Furthermore, management aspects consist of 2 (two) elements and 2 (two) subunits, The end of this process is the Sharia Hotel Business Certification Certificate is written evidence provided by DSN-MUI to hotel businesses that have met the assessment of the suitability of Sharia Hotel Business criteria, but at this hotel, only Narapati Hotel has been certified as a sharia hotel.After the revocation of PERMEN No. 2 of 2014 concerning Guidance on the Implementation of Sharia Hotel Business, not only is there no legal basis that regulates the Sharia hotel industry, another impact is that the application for Sharia hotel business certification has become non-existent.This is also what is complained about by Sharia hotel business operators.So many hotels that apply Sharia principles are not certified.
The formation of a law-aware and law-abiding society is the ideal of the norms that want a just society so that the joints of the community culture will develop towards the creation of a system of society that respects each other, making a law-aware and law-abiding society is not something that is easy to turn the palm of the hand, a lot must be done by the founders or thinkers of this country to think about it.There are several factors that cause people to obey the law, namely (Ali, 2009): Ajeung Syilva Syara, Tribowo Rachmat Fauzan / Does Halal Tourism Matter?A Study About Implementation of Sharia-based Hotel in Bandung, West Java, Indonesia 2055 1. Compliance; compliance based on the expectation of a reward and an attempt to avoid the punishment that may be imposed if someone violates the provisions of the law.There is strict supervision of the legal rules, 2. Identification occurs when compliance with the rules of law exists not because of its intrinsic value but so that group membership is maintained and there is a good relationship with those who are authorized to apply the rules of the law.Public legal awareness affects legal compliance both directly and indirectly.In developed societies, the legal awareness factor has a direct effect on public legal compliance.People obey the law because they are aware that they need the law and that the law has a good purpose and has regulated society properly, correctly and fairly.The laws that are created are expected to be used as guidelines (standards) in acting for the community, even if they have to be forced.However, our society does not fully understand the purpose of the law, so there is unconsciousness and disobedience to the law.The weaker the level of public legal awareness, the weaker the legal compliance.Conversely, the stronger the legal awareness, the stronger the compliance factor so that the process of legal development and effectiveness can be felt directly by the community.

CONCLUSION
In Bandung City, there are five hotels that use Sharia principles in their service mechanisms, namely Ruby Hotel, Noor Hotel, Lingga Hotel, Narapati Hotel, and Darul Jannah Hotel.The Islamic hotel industry still applies the Minister of Tourism and Creative Economy NO. 2 TAHUN 2014 regarding the standardization of Sharia hotel management, even though the regulation has been revoked.There is a legal vacuum because, juridically, rules and regulations regarding Sharia hotels have not been made or do not exist.The formation of a law-aware and law-abiding society is the ideal of the existence of norms that want a just society so that the joints of the community culture will develop towards the creation of a system of society that respects one another.The Sharia concept hotel is a good intention of the Sharia economic stakeholders to help improve the Sharia economic economy.Sharia hotels in Bandung City are self-claimed because the existing regulations are not clear, there is overlap, and a legal vacuum occurs.As for Islamic hotels that have not been certified but have applied halal principles, in this case, the hotel has done self-claimed (independent assessment) as long as it does not conflict with Islamic values.So hotels that use Sharia principles in their implementation and services may be done as long as they do not harm either party, both hotel management and hotel visitors.
activities and halal tourism in Indonesia (3) The reason for the revocation of PERMEN PAREKRAF No.2 of 2014 consists of several points of view resulting from a review of the Ministry of Tourism, namely the change of term of office of policymakers, the point of view of legislation, the managerial and operational side and from a pragmatic point of view.
3. Internalization, someone obeys the rules of the rule of law because intrinsic compliance has a reward.The contents are in accordance with the value of the value of the person concerned.4.The interests of the citizens are guaranteed by the existing legal forum.

Table 1 . Sharia-based Hotels in Bandung, West Java No Hotel's Name Address Number of Rooms
The Sharia criteria in the PERMEN of Creative Economy and Tourism Number 2 of 2014 further place these Sharia hotels in several classifications.Absolute criteria, for example, are the minimum provisions and requirements regarding products, services, and management that can be implemented by Sharia hotel business operators in order to provide facilities for Muslim tourists.Other criteria are non-absolute criteria, meaning the provisions and requirements regarding products, services and management of Islamic hotel businesses.The non-absolute criteria that apply to Islamic hotel businesses do not affect the assessment in the certification process of Islamic hotel businesses and have no impact on the classification of Islamic hotel businesses.Hoteliers should participate in making the government require Sharia hotels as a place to support a more religious government program.Many halal hotel industries are still implementing PERMEN PAREKRAF NO. 2 TAHUN 2014 regarding the standardization of Sharia hotel management, even though the regulation has been revoked.So here, a new problem occurs, namely a legal vacuum because juridically, rules and regulations regarding Sharia hotels have not been made.The reasons are (1) The substance of PERMEN PAREKRAF No.2 of 2014 does not only contain guidelines for organizing Sharia hotel businesses but also contains provisions for the implementation of Sharia hotel business certification.(2) The implication of the revocation of PERMEN PAREKRAF No.2 of 2014 with PERMENPAR No.11 of 2016 is the occurrence of a legal vacuum that regulates sharia hotel business Ajeung Syilva Syara, Tribowo Rachmat Fauzan / Does Halal Tourism Matter?A Study About Implementation of Sharia-based Hotel in  Bandung, West Java, Indonesia