Perlindungan Konsumen Terhadap Dark Pattern Algoritma E-Commerce Perspektif Maqasid Syariah

الملخص

The development of algorithm-based e-commerce has introduced various innovations in digital transactions, but it has also given rise to manipulative practices known as dark patterns. These practices involve interface designs and algorithms intentionally created to unconsciously influence consumer decisions, such as choice manipulation, false urgency, and the concealment of important information. This condition raises concerns regarding consumer protection because it may violate consumers’ rights to freedom of choice, transparency, and fairness in digital transactions. This study formulates two main problems: how consumer protection against algorithmic dark patterns in e-commerce is regulated under Indonesian positive law, and how maqasid sharia perspectives assess such practices. The study aims to analyze legal protection for digital consumers and reconstruct consumer protection concepts based on maqasid sharia principles. The research employs normative legal research using statutory, conceptual, and maqasid sharia approaches. Data sources were obtained from laws and regulations, legal literature, scientific journals, and related documents concerning digital consumer protection. The results show that consumer protection regulations in Indonesia have not specifically regulated algorithm-based dark pattern practices, resulting in a normative gap in supervising digital manipulation. From the maqasid sharia perspective, dark pattern practices contradict the principles of protection of intellect (hifz al-‘aql), protection of wealth (hifz al-mal), as well as the principles of justice and transparency in muamalah. Therefore, more adaptive, transparent, and ethically oriented digital regulations are needed to ensure comprehensive consumer protection.