Forging Vaccine Certificates: A Comparative Study of Criminal Sanctions in Indonesian Law and Islamic Criminal Law

Abstract

Document forgery remains a prevalent offense within society, and one notable example that gained prominence during the COVID-19 pandemic is the falsification of vaccine certificates. Such actions are often driven by the perpetrator's desire to gain personal or economic advantage, whether to meet material needs or for self-serving motives. This study seeks to comparatively examine the legal sanctions imposed on the forgery of vaccine documents through the lens of Indonesia’s positive legal system and Islamic criminal law. The research is guided by two central questions: (1) How does Indonesian law regulate and sanction the falsification of vaccine certificates? and (2) What is the Islamic criminal law perspective on this type of offense? This research adopts a normative juridical method, employing a comparative legal approach to analyze statutory provisions and doctrinal principles. The findings indicate that under Indonesia’s Penal Code (Article 263), vaccine certificate forgery is classified as a criminal offense punishable by imprisonment. In contrast, Islamic criminal law categorizes this act under jarīmah taʿzīr, which refers to offenses whose punishments are discretionary and determined by state authorities in light of public interest and societal welfare. While the two legal frameworks differ in their foundational basis and sanctioning mechanisms, both acknowledge that forging vaccine certificates constitutes a harmful act that disrupts social order and contravenes the principles of justice and public ethics.