Pertanggungjawaban Pidana Terhadap Pelaku Penipuan Melalui Penjualan Produk Palsu Dalam Transaksi E-Commerce Perspektif Hukum Pidana Islam

Abstract

The growth of e-commerce has made commercial transactions more convenient, but at the same time has opened the door to fraud through the sale of counterfeit products, which harms consumers. This situation raises questions regarding the characteristics of such fraud and the criminal liability of the perpetrators from the perspectives of Indonesian positive law and Islamic criminal law. This study aims to analyze the characteristics of fraud through the sale of counterfeit products in e-commerce transactions as well as the criminal liability of the perpetrators based on these two legal perspectives. This study employs a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. Primary, secondary, and tertiary legal materials were collected through a literature review and analyzed qualitatively using a descriptive-analytical method. The results of the study indicate that the characteristics of fraud are marked by the manipulation of product information, the use of misleading identities or attributes, deceitful tactics, and the intentional pursuit of profit that causes consumer harm. Under Indonesian positive law, perpetrators may be held criminally liable if they are proven to have fulfilled the elements of fraud as stipulated in Article 492 of Law No. 1 of 2023 on the Criminal Code and meet the requirements for criminal liability. From the perspective of Islamic criminal law, such acts contain the elements of ghish and tadlis and may be categorized as a ta’zir offense if committed intentionally by a legally accountable (mukallaf) perpetrator and result in harm. This study concludes that both perspectives converge in identifying intent, deception, and loss as the basis for liability, although they differ in the construction and mechanisms of their sanctions. Therefore, law enforcement against the sale of counterfeit products through e-commerce needs to be strengthened through digital evidence, oversight of electronic commerce, and consumer protection, while continuing to uphold the principles of justice and the public interest.