The Politics of Criminal Law Regarding Criminal Sanctions To Businessman Who Violate Halal Product Warranties

Abstract

Businessman who have obtained a halal certificate are required to maintain their business production process so that it remains halal for consumption or use by Muslims. Businessman who do not maintain the halalness of Products that have obtained Halal Certificates as referred to in Article 25 letter b shall be sentenced to a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). The method used in this research is normative legal research. Primary legal materials are authoritative legal materials. The primary legal materials in this study include the 1945 Constitution, Law Number 33 of 2014 concerning Guarantees for Halal Products the Criminal Code. Secondary legal materials are all publications on the law that are not official documents. Based on the political study of criminal law, the relatively severe criminal threat to Businessman who do not maintain the halalness of the goods production process is still inappropriate, because it is not in accordance with the principle of balance in criminal law, which does not protect the victim. Lawmakers are expected to review criminal sanctions that are imprisonment for business actors, because they do not provide justice to victims. Victims should also receive restitution due to the mistakes of Businessman who ignore halal obligations in the process of producing goods.