Perlindungan Hukum Terhadap Pelaku Usaha yang Mengalami Kerugian Akibat Kesalahan Ekspedisi dalam Mengirim Barang yang Dibeli Secara Online Perspektif Wahbah Az-Zuhaili: Studi Marketplace Shopee

Abstrak

This research is motivated by the losses experienced by business actors in online buying and selling transactions due to errors by the expedition party in the delivery process, such as lost goods, exchanged goods, reduced package contents, or goods received that are not as expected. This study aims to determine the form of legal protection for business actors who experience losses due to expedition errors in sending goods purchased online and analyze it based on the perspective of Wahbah Az-Zuhaili. This research uses a normative juridical method with a case study approach. Research sources were obtained through a literature review by examining the book Al-Fiqh al-Islāmī wa Adillatuhu by Wahbah Az-Zuhaili, hadith, Fatwa DSN-MUI Number 09/DSN-MUI/IV/2000 concerning Ijarah Financing, Article 1365 of the Civil Code, Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, as well as relevant books and journals. The results of the study indicate that legal protection for business actors is available through a claim mechanism and compensation. However, in several cases studied, the compensation provided was not fully commensurate with the losses experienced by business actors. According to Wahbah Az-Zuhaili, the expedition party can be assigned as ajīr musytarak and has responsibility (dhamān) for the goods in its control. Therefore, if a loss occurs due to an error in the delivery process, the business actor has the right to obtain compensation that is fair and in accordance with the proven loss.