Perlindungan Konsumen atas Wanprestasi Pelaku Usaha dalam Transaksi Pakaian Bekas (Preloved) melalui Live Tiktok Perspektif Ibnu Taimiyah

Abstract

The sale and purchase of preloved clothing through the livestreaming feature on the TikTok application facilitates public shopping; however, such transactions can give rise to legal issues when business actors fail to fulfill their agreed obligations, thereby leaving consumer rights unfulfilled. This condition causes consumer losses and necessitates an analysis of consumer protection mechanisms and the legal liability of business actors. This study aims to analyze consumer protection against breach of contract by business actors in preloved clothing transactions via TikTok Live, evaluated under positive legal provisions and Ibn Taimiyah's perspective. This normative legal research employs statutory and conceptual approaches conducted through library research. The findings reveal that breach of contract by business actors in preloved clothing transactions via TikTok Live incurs financial losses for consumers and imposes an obligation on business actors to remedy consumer rights in accordance with applicable laws. From Ibn Taimiyah’s perspective, fulfilling contractual obligations is an integral part of the principles of justice, honesty, and trustworthiness (amanah) in muamalah. A breach of contract directly contradicts these principles; thus, the restoration of consumer rights is essential to establishing fair and transparent transactions. Ultimately, this study contributes to formulating the limits of legal liability for social commerce business actors by integrating the norms of the Consumer Protection Law (UUPK) and Ibn Taimiyah's doctrine of ḥisbah to ensure legal certainty and transactional justice.