Thesis
Published
ANALYSIS OF CONSUMER PROTECTION AND TERMS & CONDITIONS BASED ON THE KHIYA>R CONCEPT: A CASE OF SHOPEE E-COMMERCE
Abstract
Keywords: Consumer Protection, e-commerce, Shopee, Khiya>r, terms and conditions.
The impact of digital technology development has led to the emergence of e-commerce, with Shopee being one of the most widely used online shopping platforms, particularly in Indonesia. Data from edot.id indicates that in May 2024, Shopee recorded 235.9 million visits, far surpassing Tokopedia and Lazada. Through its live video feature, Shopee claims to have successfully assisted SMEs in selling over 1 billion products in the past year. However, not everything runs smoothly. According to data from the Indonesian Consumers Foundation (YLKI), Shopee accounted for 14.7% of all consumer complaints in the e-commerce sector in 2023. The most common complaints were related to complicated refund processes (23.4%), fraud (14.8%), and undelivered goods (5.5%).
This analysis aims to examine the implementation of terms and conditions on Shopee in providing consumer protection and to analyse the application of khiya>r rights, which could further strengthen such protection.
A qualitative descriptive method was employed in this research, using a case study approach focused on Shopee. Data was collected through structured interviews with consumers, sellers, couriers, and Shopee’s customer service representatives. A total of 13 informants were interviewed, supported by an analysis of the platform’s policy documents. The data was then analysed using Atlas.ti 9.0 software.
The findings indicate that Shopee has implemented various forms of khiya>r rights that align with consumer protection principles in Islam. Khiya>r al- majlis is applied through an order cancellation feature that allows buyers to cancel their purchase before the seller processes it. Khiya>r al- syart} is reflected in the return policy with a specific time limit. Khiya>r al-ru’yah enables consumers to review product descriptions and customer feedback before making a purchase, although there remain issues with inaccurate seller-provided information. Khiya>r al-‘ayb is implemented through return policies for defective or incorrect products. Lastly, Khiya>r al- ta’yi>n allows buyers to select product variations from the available options. However, challenges persist regarding product information transparency and the lengthy dispute resolution process. Moreover, consumer literacy regarding terms and conditions remains low, leading to unexercised rights. This study recommends that Shopee enhance product information transparency and expedite the dispute mediation process. Sellers should be more transparent and honest in product descriptions, while consumers must exercise caution before making online transactions and strive to understand the applicable terms and conditions.
Publication Details
InstitutionUniversitas Darussalam Gontor
DepartmentMagister Hukum Ekonomi Syariah
KeywordsConsumer Protection, e-commerce, Shopee, Khiya>r, terms and conditions.
Item ID7197
Deposited21 Apr 2025 13:16