Legal Analysis of the Criminal Act of Counterfeiting Halal Food Products under Articles 56 and 57 of the Law on the Guarantee of Halal Products, in Accordance with Islamic Criminal Law

Abstract

The falsification of halal-certified products demonstrates that legal protection cannot rely solely on the halal certification system but also depends on the effectiveness of post-certification supervision and law enforcement. Previous studies have primarily focused on the implementation of halal certification, consumer protection, or fraudulent practices in Islamic criminal law separately, while analyses of the legal construction of criminal offenses under Articles 56 and 57 of Law Number 33 of 2014 concerning Halal Product Assurance (Halal Product Assurance Law) and the evaluation of their penal policy from the perspective of Islamic criminal law remain limited. This study aims to analyze the legal construction of the criminal offense of halal product falsification, examine its conformity with the concept of jarimah takzir, and evaluate the relevance of the criminal sanctions stipulated in the Halal Product Assurance Law. This normative legal research employs statutory and conceptual approaches using library research, with legal materials analyzed through descriptive-analytical methods. The findings indicate that halal product falsification constitutes a lex specialis criminal offense whose legal elements are established through the unlawful use of halal certificates or labels and the failure to maintain the halal integrity of certified products. Such conduct corresponds to the concepts of ghisy  (fraudulent deception) and tadlīs (misrepresentation) and is classified as jarimah takzir under Islamic criminal law. The novelty of this research lies in conceptualizing halal product falsification as a regulatory crime and evaluating Indonesia's penal policy through the four objectives of takzir: retribution, restoration, special prevention, and general prevention. The study concludes that the sanctions provided under the Halal Product Assurance Law are substantively consistent with the principles of takzir but require strengthening through victim-oriented restoration, business actor rehabilitation, and preventive enforcement mechanisms to enhance legal protection for muslim consumers.