Fiqh Muamalah and Consumer Protection in Indonesia's Digital Economy

Abstract

This study examines the normative foundations of Islamic consumer protection in Indonesia, analyzing the integration between classical fiqh muamalah principles and the country's positive consumer protection legal framework in the context of the digital economy. Employing a qualitative normative legal research design with statutory, conceptual, and comparative approaches, the study analyzes four primary legal instruments: Law No. 8 of 1999 on Consumer Protection (UUPK), Law No. 33 of 2014 on Halal Product Guarantee (UUJPH), Government Regulation No. 39 of 2021 on Halal Product Guarantee Implementation, and DSN-MUI Fatwa No. 146/DSN-MUI/XII/2021 on online buying and selling. The Islamic jurisprudential framework draws on four core fiqh muamalah principles: the khiyar doctrine (right of option), the prohibition of gharar (contractual uncertainty), the principle of 'an taradhin (mutual consent), and the maqasid al-shariah objective of hifz al-mal (preservation of property). The study finds substantial normative convergence between Islamic consumer protection principles and the UUPK's rights-based framework, but also identifies critical implementation gaps, particularly in the enforcement of halal product certification mandates, the legal protection of digital consumers in e-commerce transactions, and the recognition of khiyar rights in standard-form contracts. The study concludes that the most productive avenue for strengthening Islamic consumer protection in Indonesia lies not in legislative duplication but in normative harmonization, embedding Islamic jurisprudential principles explicitly within the enforcement mechanisms of existing positive law, particularly through BPJPH (Halal Product Guarantee Organizing Body) regulatory standards, OJK consumer protection regulations, and Kompilasi Hukum Ekonomi Syariah (KHES) provisions.