TINJAUAN HUKUM ISLAM TERHADAP WANPRESTASI ATAS PERJANJIAN KREDIT KONSUMTIF OLEH PENGGUNA SHOPEE PAYLATER

Sitta Nailusyifa, NIM.: 17103080069 (2021) TINJAUAN HUKUM ISLAM TERHADAP WANPRESTASI ATAS PERJANJIAN KREDIT KONSUMTIF OLEH PENGGUNA SHOPEE PAYLATER. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Online buying and selling activities began to mushroom in the community. This buying and selling activity has started many in the marketplace in Indonesia, one of which is Shopee. Many ways of transaction that we can choose to facilitate buying and selling transactions, one of which is with Shopee pay later. Shopee pay later is a transaction where we can pay for the item in installments or other words by way of credit. But with this convenience often users make defaults during the installment payment period, where users are late when paying Shopee pay later bills. The agreement itself is stipulated in the BW Code in Article 1754 and Article 1320, and is regulated in the MUI Fatwa on Al-Qard and regarding default or breaking promises, as well as in the agreement between Shopee and Shopee pay later there is a provision where if the user does not obey the rules, but the user seems to still be default. Seeing this, the constituents want to know how the default practices that occur by Shopee users, how shopee parties respond if there are users who do default, and how Islamic law in responding to the compensation provided by Shopee to its users. This type of research is qualitative research, where the research is descriptive which tends to use data analysts. This research uses field researh research techniques where the author will use a field research system on a user and Shopee, by interviewing and researching the user and conducting research through the Shopee web. The results of this study show that the sale and purchase of this credit (Bai' Muajjal) broadly meets the pillars and conditions contained in Islamic law, as well as the practice of the agreement or can be called the Al-Qardh agreement, the agreement is in accordance with the pillars and conditions contained in the provisions of the Qardh agreement, because there is a provision in the agreement that if there is a delay in the payment of installments, It will be fined. In the provision of compensation or also called ta'widh allowed a fine for some scholars, as a form of accountability for the act of not keeping his promise and with the aim not to repeat the deed.

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