ANALISIS HUKUM PENYELESAIAN SENGKETA TRANSAKSI COD PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM (STUDI KASUS CASH ON DELIVERY E-COMMERCE SHOPEE)

Ulia Muflikah, NIM.: 21103080040 (2025) ANALISIS HUKUM PENYELESAIAN SENGKETA TRANSAKSI COD PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM (STUDI KASUS CASH ON DELIVERY E-COMMERCE SHOPEE). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Trading transactions through electronic media are often referred to as electronic commerce or e commerce, which means trading using electronic facilities where the form of trading transactions, both buying and selling, is carried out through electronic media on the internet network. One e commerce that has survived until now is Shopee. The leading online shopping platform in Southeast Asia and Taiwan, launched in 2015. Some of the conveniences offered by Shopee in the COD payment method, there are still several obstacles experienced by sellers and buyers in making transactions. There are several disputes both between buyers and sellers or with couriers. The problem that often occurs in COD transactions on Shopee is the increasing number of buyers who do not pay for the ordered goods because the buyers are dissatisfied with the goods sent. This type of research is a descriptive analytical case study to describe the picture of an object being studied using an empirical legal approach. The data collection process used by the author is by interviewing the appropriate informants directly. The data obtained will be used by the author to develop the analysis of this research based on two theories, namely the first, in terms of positive law using the consumer protection theory put forward by Piliphus M Hardjon. Second, the theory from the perspective of Islamic law regarding the existence of electronic commerce uses the theory of maslahah mursalah. The results of this research reveal that based on positive law and Islamic law which are the reference in this research, dispute resolution procedures for Shopee E Commerce cash on delivery transactions still found several inconsistencies in existing settlement procedures in society. The solutions offered and the forms of resolution provided for economic actors are not yet effective. One form of offering solutions that can be implemented through online dispute resolution is a form of online dispute resolution with more practical and solution provisions. This form of solution is also considered to be in accordance with the needs of society and current developments in e commerce. ODR with various conveniences offered based on analysis is also in accordance with positive law and Islamic law in Indonesia, the suitability between circumstances and forms of resolution in current conditions is the urgency for implementing online dispute resolution in Indonesia.

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