PELAKSANAAN PERLINDUNGAN KONSUMEN DALAM TRANSAKSI JUAL BELI SECARA ONLINE DI MARKETPLACE TOKOPEDIA, SHOPEE, DAN LAZADA (TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM)

Sri Lestari, NIM.: 16380065 (2020) PELAKSANAAN PERLINDUNGAN KONSUMEN DALAM TRANSAKSI JUAL BELI SECARA ONLINE DI MARKETPLACE TOKOPEDIA, SHOPEE, DAN LAZADA (TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marketplace is an online market system where consumers can meet indirectly with sellers. By implementing a joint account system, marketplace becomes the shopping choice of the most popular consumers. In Indonesia there are several marketplaces that are often used by consumers including Tokopedia, Shopee and Lazada. The various conveniences and features provided by the three marketplaces are still more or less an imbalance between the rights and obligations of sellers and consumers as well as with the contractual terms system applied. Inconsistencies between the system requirements and provisions with the implementation among them products received by consumers not in accordance with orders, unilateral cancellation from sellers or marketplaces, orders experiencing delays, undeliverable items, goods received by consumers damaged or defective and fraud. These conditions cause consumers to suffer losses and the need to protec the rights of consumer in buying and selling in the marketplace. As for from the three marketplaces, it is necessary to know a marketplace that is more protective of consumers so that it can be a reference for consumers in choosing safer online trading. This research method uses a qualitative method with the type of research in the form of field research which in analyzing the protection of transactions online trading of marketplace Tokopedia, Shopee and Lazada based on the approach of positive law and Islamic law.This research is a descriptive analysis, which explains the data obtained from observations in the related marketpace and the results of consumer interviews that have been disadvantaged by related marketplaces which is then analyzed in depth. Based on the results of the study it can be concluded that the description of consumer protection in the Tokopedia, Shopee and Lazada with the Center for Resolution, Guarantee and form of return of goods / funds. Based on the review of the positive law the three marketplaces have provided complete information relating to the terms of the contract, compensation in the form of refunds/goods, and dispute resolution. There are still sellers in the marketplace who have not fulfilled consumer rights such as, the right to obtain goods and/or services in accordance with the exchange rate and conditions and guarantees promised, the right to correct, clear and honest information about the conditions and guarantees of goods and/or services , the right to obtain compensation, compensation and/or compensation and violates article 16 of the UUPK and does not comply with article 28 paragraph 1 of the ITE Law in the event of fraud. Based on the review of Islamic Law, it is not in accordance with the principles of Islamic business ethics because there are still sellers who have not fulfilled the rights of consumers in Islamic law by providing compensation (dhaman) so that it can damage the principle of attara> d}i> consumers. Then there are some sellers who still commit fraud so buying and selling is prohibited in Islamic law because it is a sale and purchase that contains elements of garar. As for Tokopedia, Shopee and Lazada have implemented khiya>r asy-syart}, khiya> r al-’aib, and khiya> r ar-ru’yah.

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