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PERLINDUNGAN HUKUM BAGI PENJUAL ATAS RETURN FRAUD DI TIKTOK SHOP PERSPEKTIF HUKUM EKONOMI SYARIAH
The development of electronic commerce has encouraged the emergence of various digital transaction innovations, one of which is the TikTok Shop-Tokopedia platform. Besides providing convenience in buying and selling activities, this development has also generated legal issues, including return fraud, which causes losses to seller. This practice occurs when buyers misuse the return mechanism by submitting false claims, returning different products, or engaging in other actions that result in financial losses for seller. These circumstances raise questions regarding the legal protection available to seller against return fraud on TikTok Shop-Tokopedia and how such practices are viewed from the perspective of Islamic Economic Law. This research is a field study employing an empirical juridical approach combined with statutory and Islamic Economic Law approaches. Data were collected through interviews, documentation, and literature studies, then analyzed using a qualitative descriptive method. The theoretical framework consists of Legal Protection Theory to examine legal protection for seller and the concepts of Tadlis, Ghisy, and the Principle of Amanah in Islamic Economic Law to assess return fraud practices based on Islamic commercial principles. The findings reveal that legal protection for seller against return fraud has been regulated under Law Number 8 of 1999 concerning Consumer Protection and Government Regulation Number 80 of 2019 concerning Electronic Commerce. However, its implementation has not been fully effective, particularly regarding product return verification and dispute resolution mechanisms. From the perspective of Islamic Economic Law, return fraud contains elements of tadlis (fraud), ghisy (deception), and violates the principle of amanah because it involves dishonest conduct that harms other parties. Therefore, a more balanced protection mechanism is necessary to ensure justice and legal certainty for all parties involved in electronic transactions.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103080059 Muhammad Rizky Maryanto
PERLINDUNGAN HUKUM BAGI PENJUAL ATAS RETURN FRAUD DI TIKTOK SHOP PERSPEKTIF HUKUM EKONOMI SYARIAH (Text)
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