The Application of the Double Track System in Consumer Protection for Brand Counterfeiting in Tapioca Flour Skincare from the Perspective of Maslahah Mursalah

Abstract

This study aims to analyze the application of the Double Track System in consumer protection against counterfeiting of tapioca flour-based skincare products on  digital platforms, as well as the accountability of perpetrators based on the perspective of Maslahah Mursalah. This study uses a normative legal method with a qualitative approach. The approaches applied include: legislative, conceptual, and analytical. The source of legal materials consists of primary, secondary, and tertiary materials, including the Consumer Protection Law, the Trademark Law and Geographical Indications, the Electronic Information and Transaction Law, books, scientific journals, and other supporting legal sources, then analyzed qualitatively. The results of the study show that the Double Track System allows the application of criminal sanctions of imprisonment and fines accompanied by recovery efforts through civil or administrative mechanisms for payment of compensation to consumers in accordance with legal provisions. The implementation of this system aims to protect consumers, prevent financial losses and consumer health risks, and provide a deterrent effect to perpetrators. In addition, supervision and reporting mechanisms on digital platforms also support law enforcement. From the perspective  of maslahah mursalah, the  accountability of the perpetrator emphasizes the goals of sharia (Maqashid al-Shariah), the principle of maslahah, Dar' al-Mafasid, ijtihad in the contemporary context, and the principle of justice and balance. This approach ensures the protection of consumer rights, prevents harm, and encourages sound economic practices. Thus, the Double Track System not only upholds formal justice, but also realizes the benefits of society as a whole, in line with the principles of Islamic law and the mandate of the 1945 Constitution in the context of digital trade.