JASA GESEK TUNAI PADA FITUR SHOPEE PAYLATER PERSPEKTIF HUKUM EKONOMI SYARIAH

Sulfana ‘Ainindia Putri, NIM.: 19103080032 (2023) JASA GESEK TUNAI PADA FITUR SHOPEE PAYLATER PERSPEKTIF HUKUM EKONOMI SYARIAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Shopee PayLater is a feature used as a payment strategy when shopping on the Shopee marketplace. The convenience provided to Shopee PayLater users to make purchases of goods with a system of receiving goods first and making payments afterwards with a maturity of one month and can be paid in installments every month. In practice, there is a lot of misuse of Shopee PayLater in the community. Act of abuse of the Shopee PayLater function which should be a credit payment method, but is instead used for cash withdrawals. This resulted in the emergence of a cash swipe service (gestun), which is an activity to withdraw the Shopee Paylater credit limit by contacting the merchant who opened the credit limit withdrawal service on the Shopee marketplace. The process of disbursing credit limits is carried out by manipulating goods whose prices have been set according to the nominal to be disbursed by consumers. So that the authors need to conduct research related to the practice of cash swipe services on the Shopee PayLater feature and what is the perspective of Sharia Economic Law on Shopee PayLater cash swipe transactions. This study uses field research with an empirical approach. While the data analysis method used is a qualitative description. In the data collection method, the authors use the method of observation, interviews, and documentation. This study uses the theory of contracts and buying and selling to analyze the suitability of the theory with the reality that occurs according to the perspective of Islamic Economic Law. The results of the study show that in the Shopee PayLater cash swipe service there is a practice of engineering buying and selling by means of which merchants provide special links for consumers to place fake orders. After that the merchant sends the item and the consumer automatically pays using the Shopee PayLater method. The merchant running the business aims to rent out capital to consumers so that an admin fee is charged using deductions from the amount of cash swipe disbursed. Based on research in the field using the perspective of Sharia Economic Law with the fiqh muamalah sub-study regarding ahkāmul 'uqūd shows the occurrence of an ijarah contract that has fulfilled the pillar requirements. However, the buying and selling transactions have not fulfilled the pillar requirements because the object being traded is only an engineering (najasy). Regarding buying and payment service transactions, there is an element of garar because the gestun actors cooperate to trick the Shopee system so that the buying and selling becomes damaged or fāsid. This activity is considered illegal because the gestun perpetrators make transactions without obtaining approval from Shopee as the marketplace that is used as an intermediary to perform gestun. So that there is a discrepancy with the principles and principles of the contract in Islamic Economic Law.

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