Rekonstruksi Penyelesaian Sengketa Konsumen E-Commerce Berbasis Ṣulḥ dalam Perspektif Maqāṣid al-Syarī‘ah

Abstract

The development of e-commerce in Indonesia has improved the efficiency of digital transactions while generating various consumer disputes, which are generally resolved through internal complaint mechanisms provided by e-commerce platforms. Although these mechanisms are efficient and non-litigious, they tend to be unilateral and lack transparency, placing consumers in a disadvantaged position. From the perspective of Islamic economic law, dispute resolution should ideally be based on ṣulḥ, which emphasizes deliberation, equality between parties, and substantive justice. This study aims to analyze consumer dispute resolution mechanisms in Indonesian e-commerce from the perspective of ṣulḥ and evaluate them based on the principles of maqāṣid al-sharī‘ah, particularly ḥifẓ al-māl (protection of wealth) and ḥifẓ al-‘aql (protection of intellect). This normative legal study employs statutory, conceptual, and philosophical approaches. Data were collected through a literature review of primary, secondary, and tertiary legal sources and analyzed using qualitative-normative methods. The findings indicate that existing e-commerce dispute resolution mechanisms have not substantively fulfilled the principles of ṣulḥ due to limited participatory deliberation, platform dominance in decision-making, and restricted opportunities for consumers to submit objections or appeals. From the perspective of maqāṣid al-sharī‘ah, these conditions may undermine the protection of consumers’ property and weaken legal certainty and procedural fairness. This study proposes a digital consumer dispute resolution model based on ṣulḥ, emphasizing participatory deliberation, transparency, equality, and maṣlaḥah. The proposed model contributes to the development of Islamic economic law and provides a normative framework for strengthening consumer protection in Indonesia’s digital commerce ecosystem