ANALISIS KEDUDUKAN MAHKUM ‘ALAIH TERHADAP PRAKTIK E-COMMERCE YANG DILAKUKAN ANAK DI BAWAH UMUR (STUDI KASUS TOP UP GAME ONLINE DI DESA BLULUK KABUPATEN LAMONGAN)

Ulfia Nur Faiqoh, S.H, NIM.: 20203012016 (2022) ANALISIS KEDUDUKAN MAHKUM ‘ALAIH TERHADAP PRAKTIK E-COMMERCE YANG DILAKUKAN ANAK DI BAWAH UMUR (STUDI KASUS TOP UP GAME ONLINE DI DESA BLULUK KABUPATEN LAMONGAN). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study discusses one of the problems of the sharia economy, namely "the development of the internet among the community which extends to all parties at various ages. One of the developments that are now rampant is the existence of online games. Online games are one of the developments that parents are wary of, because online games offer easy access as well as provide convenience in distance, online games are known as MOBA games (Mutiplyer Online Battle Arena) which are types of real time action games is a derivative of the strategy genre. Various features such as heroes, skins and weapons in the MOBA (Mutiplyer Online Battle Arena) game where in their use can only be obtained in premium content, namely by exchanging diamonds that must be purchased at prices that can be categorized as expensive. This skin/diamond purchase also occurs among minors especially in Bluluk Village, Lamongan Regency. Transactions carried out by "minors in Islamic law and positive law" if you look at "the provisions of the pillars and conditions that must be met, there is a problem with the validity of 'contracts for minors who make buying and selling contracts with top up games...' This research is a qualitative research with a normative juridical approach where the law (law in a book) or the law is conceptualized as a rule or norm that becomes a benchmark for the behavior of the community towards something that is considered appropriate. In addition, this research also uses an empirical juridical approach also called a sociological approach, namely an approach that is carried out directly in the field to find out the facts that occur in the field which will then be linked to the existing legal theory. The data collection techniques used are observation, interviews and documents. The results of the study indicate that the validity of the sale and purchase contract carried out by minors according to Islamic law is not valid because in the provisions of Islamic law someone who will carry out the transaction must be mumayiz and have perfect sense so that he can be responsible for his actions and words. Meanwhile, according to positive law, transactions carried out by minors do not have legal force, judging from the provisions of the Civil Code, people who carry out transactions must be legally competent, where legal competence in Indonesia is 21 years based on several laws analyzed in this study. such as the Child Protection Act, the Criminal Code, etc. Then the position of minors as maḥkūm „alaih in the implementation of e-commerce transactions if it refers to the Hambali, Hanafi and Maliki schools that the key to children's transactions is the permission of the guardian, not the children themselves, therefore selling The buying made by these children is legal because in this buying and selling transaction they act like an auctioneer, while it is not them who carry out the transaction but the guardian. Meanwhile, according to the "Shafi'i school of thought, minors remain as legal subjects who are "incapable of the law this is in accordance with his opinion that children who "conduct legal buying and selling transactions are not valid because they are not considered "existent" experts."transactions are not valid because they are not considered "existent" experts."

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