Apriana, Rifka Annisa (2016) TINJAUAN HUKUM TERHADAP SAHNYA PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK (E-COMMERCE) DALAM PERSPEKTIF ISLAM. Undergraduate thesis, Fakultas Hukum UNISSULA.
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Abstract
Commerce has a rapid progress nowadays. It is not only the trade object but also the trade manner itself. Commerce was initially conducted by two-side barter that directly meet and face to make an unofficial agreement of what will be exchanged. After the means of payment discovery, the barter then gradually turned into trading activities, rise to the trade manner development. The unexpected development of the internet, that only understood by computer-interest people a few years ago, has become a special problem nowadays since it is employed in the business and commerce activities, known as the e-commerce transaction. Indonesia has a great potential development of e-commerce transaction, according to the MCIT, from 82 million people in Indonesia, 30% are Internet users and 7% of them employed e-commerce transaction, Allah created mankind for making a trade, interacting, and helping each other. Teachings of the Prophet Muhammad are comprehensive, covering all aspects of life and can be applied universally until the end, such as about economic interest. As-salam transaction had been known before the time of the Prophet Muhammad, implemented by payment-in-advance and the goods are delivered then. This research applied the juridical-sociological method, the primary data were collected by observation and interview with businessmen and buyers in Semarang while the secondary data were obtained from the research literature. The implementation of e-commerce transaction is dived by four stages: making a deal (the deal occurred when a buyer enters the site or homepage of seller website), acceptie, payment, (payment made by e-commerce transaction were classified into three ways: bank transfer using ATM or SMS banking, credit card, and cash on delivery or COD), and delivery (carried after payment is settled). E-commerce transaction is included in ummurid dunya (worldly issues) that the Prophet Muhammad fully submits in terms of Syariah corridors for Muslims to master and exploit it for the mutual prosperity. E-commerce transaction is allowed based on the maslahah principle because of the need of mankind with the technology advancement, in terms of the mechanism in the as-salam transaction. Based on the principle of the as-salam transaction, e-commerce transaction is allowed except in the forbidden goods by Islamic syariat. Keywords: Legitimacy of the Agreement, E-commerce, Islamic View
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 12 Oct 2016 01:50 |
| Last Modified: | 12 Oct 2016 01:50 |
| URI: | http://repository.unissula.ac.id/id/eprint/5503 |
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