%A NIM.: 22103080065 Sabdo Gallih Jati
%O H. Afif Muhammad, S.Ag., M.A.
%T MITIGASI RISIKO TRANSAKSI JUAL BELI MELALUI PLATFORM FACEBOOK MARKETPLACE DALAM PERSPEKTIF FATWA DSN-MUI TENTANG JUAL BELI BERDASARKAN PRINSIP SYARI’AH
%X Risk mitigation in digital transactions has become a critical issue alongside
the widespread use of Facebook Marketplace as a trading platform, despite the
platform's lack of formal consumer protection mechanisms such as escrow, seller
verification, or dispute resolution systems. This study aims to analyze the legal
status of Facebook Marketplace as an electronic trading platform, analyze the
practice of buying and selling transactions on Facebook Marketplace from the
perspective of DSN-MUI Fatwas, and evaluate the effectiveness of these fatwas as
a risk mitigation instruments for consumers.
This research employs normative legal research with a descriptiveanalytical
approach. Primary data sources include DSN-MUI Fatwa No. 144 and
146/2021, Law No. 8 of 1999 on Consumer Protection, and the ITE Law. Secondary
data sources encompass fiqh muamalah texts, risk management literature, and
previous studies. Data analysis was conducted qualitatively using the framework of
Consumer Protection Theory, Vaughan's Risk Management Theory, and Ma'alat al-
Af'al Theory as analytical tools.
Facebook Marketplace does not meet the criteria as an Electronic System
Trading Operator (Penyelenggara Perdagangan Melalui Sistem
Elektronik/PPMSE) as stipulated in Government Regulation No. 80 of 2019 and
Minister of Trade Regulation No. 31 of 2023, thus placing it in a legally ambiguous
status—functionally conducting e-commerce activities yet administratively not
subject to the PMSE regulatory regime.
The findings reveal that out of eight core provisions of the DSN-MUI Fatwa,
only one is partially fulfilled (ijab-qabul in an electronic assembly), while seven
other provisions are systematically unfulfilled, including clarity of the transaction
object, prohibition of tadlis, gharar, ghisy, and najasy, khiyar rights, dispute
resolution mechanisms, seller verification, and consumer complaints. The DSNMUI
Fatwa is proven to be methodologically sound ijtihad based on reading the
ma'alat mafsadah of unstandardized digital transaction practices. However, its
effectiveness as a risk mitigation instrument remains limited due to three
fundamental obstacles: the absence of enforcement mechanisms against foreign
platforms, weak socialization of the fatwa to users, and the dependence of
implementation on voluntary compliance. Consequently, financial and spiritual
risks (transactions containing gharar and tadlis) continue to occur without being
structurally prevented by the fatwa. This research recommends strengthening
collaboration between DSN-MUI, the government, and platforms to close
regulatory gaps and enhance sharia literacy among consumers in digital
transactions.
%K Facebook Marketplace, Fatwa DSN-MUI, Perlindungan Konsumen, PPMSE,  Jual Beli Online, Ma'alat al-Af'al
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib77959