PERLINDUNGAN KONSUMEN PADA JUAL BELI ONLINE DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM NEGARA (STUDI KASUS PADA PERUSAHAAN LAZADA)

Muhammad Rizaldi; Hartutik; Jaharuddin;

Abstract

Transactions or business through cyberspace and the internet known as electronic trading or e-commerce, have long been known in Indonesia. Besides the advantages, there is also a minus in the e-commerce system. E-commerce consumers are more often in weak positions. Consumer protection needs special attention, especially on legal certainty for e-commerce consumers. Lazada.co.id is a branch of the group Lazada e-commerce in Indonesia since 2012. Lazada.co.id is a retail and e-commerce-shaped market. Some cases happen to the consumer lazada.co.id, namely: defaults, unilateral cancellation, hard to complain, Piercing account lazada.co.id. Lazada.co.id has made efforts to protect consumers through rules specified in standard contracts such as refund rules, refunds, awarding vouchers, consumer complaints services via live chat on business hours, and by email directly to Lazada. So the rules, standard contracts, and provisions, the terms of use on lazada.co.id should be reviewed through the rules of law and the positive law of Islamic economics in Indonesia. This research is the study of literature (literary studies), interviews, by examining the regulatory documents of raw lazada.co.id and for collecting data from the basic rules of consumer protection laws of the Islamic economy and the foundations of positive legal rules in Indonesia. The study concluded that Lazada has established consumer protection through the regulations and terms and conditions of their standard contracts (terms of use) of use or sale. Consumer Protection Lazada under the review of Islamic economic law is appropriate because there is a concept of the Khiyar. Resolution of disputes set out in standard contracts, Lazada also has consumer protection that is appropriate according to the review of some positive law has appropriate legislation, such as providing information clarity to consumers in the platform Lazada. There are other rules that the majority are still not appropriate, such as the implementation of refunds and the product (return) is not correct; incriminated resolution of consumer disputes; Voucher Lazada as compensation, not necessarily following the will of the consumer; There is a unilateral cancellation by the seller, limitation of liability lazada.co.id loss of consumers.