PRAKTIK PENYALAHGUNAAN PAYLATER PADA MARKETPLACE SHOPEE DALAM PERSPEKTIF HUKUM BISNIS

Fadoilul Umam, NIM.: 22203011083 (2024) PRAKTIK PENYALAHGUNAAN PAYLATER PADA MARKETPLACE SHOPEE DALAM PERSPEKTIF HUKUM BISNIS. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The internet plays a very important role in the world of online business for society. In online business there is the term e-commerce, which is a term that describes the transaction process, searching for information and other services via the internet, so that a marketplace appears which is used as a forum for carrying out transactions. One of them is the Shopee marketplace, which has several superior features. Among them is paylater. Paylater is an e-commerce feature that provides loans to users for shopping even if they don't have money. Recently, many individuals have misused and taken advantage of PayLater services, such as abusing PayLater to withdraw their balance limits, known as cash swipes. If we look closely, the regulations for the use of paylater are still not regulated by Shopee or government regulations, so this creates a gap for service providers and paylater users to make cash swipes. Therefore, this phenomenon is important to research considering that the rules are still not regulated and so far there has been no action from Shopee for providers or users who do this. Based on the background above, there is a problem formulation that the author offers, namely why paylater abuse occurs and what is the legal certainty regarding paylater abuse on the Shopee marketplace. This type of research is field research with a normative-empirical legal research approach. The theory uses the principles of maumalah fiqh and legal certainty. This research was analyzed qualitatively and then narrated descriptively which then used deductive (general-specific). In the data collection method, the author uses observation methods on social media in the form of Instagram, interviews with users who swipe paylater cash, and documentation. The results of this research are that the occurrence of paylater abuse, namely cash swipes, is caused by factors that encourage users to do this. Based on the results that the author found in the field, there are five factors that encourage users to swipe cash, namely need, lifestyle, easy process, social media, and law enforcement. Of these five factors, if analyzed based on the principles of muamalah fiqh, only the first factor, the need factor, is the only one that has a positive impact or benefit, while the next four factors which are used as reasons by users cannot be justified because the harm is greater than the benefit. The government has not yet regulated legal certainty regarding paylater abuse. Even the latest law published in 2024 concerning Electronic Information and Transactions still does not specifically regulate the deviation and misuse of paylater by its users. Not only that, in its policy, Shopee also does not include written regulations for this action, so this creates a loophole and opportunity for users to swipe cash to withdraw the paylater balance limit.

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