PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEMBATALAN TRANSAKSI OLEH TIKTOK SHOP

Abstract

A sale and purchase agreement between two parties that creates rights and obligations. Where the buyer has made payment and the seller is obliged to hand over the goods being sold, but the seller does not perform, namely the seller cancels unilaterally without notifying the buyer. The seller cancels orders that have been paid for and should be sent but are canceled, causing losses. This action is not justified according to Positive Law and Islamic Law. The formulation of the research problem is what is the legal protection resulting from the cancellation of online buying and selling transactions carried out by sellers at the TikTok shop, what is the perspective of Sharia Economic Law regarding the cancellation of online buying and selling transactions at the TikTok shop. The research method is descriptive qualitative, library research type, collecting data by looking for information from books and writings that suit the object of discussion by reading and studying. The results of the research show that unilateral cancellation of an agreement is the unwillingness of one of the parties (the seller) to fulfill the agreed performance. This is not justified according to the Consumer Protection Law Number 8 of 1999, namely in article 16 and the seller is subject to a 2 year prison sentence or a fine of IDR 500,000,000 in Article 62 paragraph 2. According to the Sharia Economic Law Perspective, unilateral cancellation cannot be carried out if the transaction is has fulfilled the pillars and conditions, namely that the agreement has been mutually agreed upon, it cannot be canceled unilaterally without notifying the buyer, because the buyer has paid and should get the goods but does not get them, that is not justified as in Surah An-Nisaa' paragraph 29, Surah Al-Israa' verse 34, Surah An-Nahl verse 91 and Compilation of Sharia Economic Law Article 36 and sanctions article 38.