A Legal Accountability of Merchants for the Inclusion of Halal Claims on Food Delivery Platforms

Abstract

The rapid growth of food delivery platforms such as GoFood, GrabFood, and ShopeeFood has transformed food purchasing behavior in Indonesia, including access to halal food for Muslim consumers. A legal issue arises when merchants independently display halal claims on digital platforms without obtaining official halal certification from the Halal Product Assurance Organizing Agency (BPJPH), while platform providers generally disclaim responsibility for the accuracy of such information. This article analyzes the legal liability of merchants for misleading halal claims and examines the potential liability of platform providers from the perspective of consumer protection. Using a normative juridical method with statutory and conceptual approaches, this study examines Law Number 33 of 2014 on Halal Product Assurance, Law Number 8 of 1999 on Consumer Protection, and Government Regulation Number 80 of 2019 on Trade through Electronic Systems, supported by secondary legal materials. The findings indicate that merchants bear primary civil, administrative, and criminal liability for false halal claims under the principle of fault-based liability. Platform providers may also bear legal responsibility if they fail to exercise reasonable supervision as Electronic Trading System Providers (PPMSE). The study concludes that integrating BPJPH's SIHALAL database with merchant registration systems and establishing clearer rules on platform liability are essential to strengthen legal certainty and enhance consumer protection for Muslim consumers in Indonesia.