DETERMINATION OF FINES IN DEFAULT IMPLEMENTATION OF ONLINE SALES ENTRUSTMENT CONTRACT

Abstract

Consigning and Unbranded_Store are online shops that sell electronic goods from trusted sellers. The operational principle of the two online shops is to mediate between sellers and buyers in sales transactions of electronic and informatics products with standard agreements and conditions set by the online shop, one of the dictums of which contains provisions for fines for defaults on the seller’s part. This study aims to examine how the shops determine the amount of the fine for the seller who violates the dictum of the Consigngaming and Unbranded_Store sales agreement, the effectiveness of applying fines to reduce the level of default on the part of the seller, and a review of the samsarah contract on the determination of fines for seller defaults. The authors designed a research procedure with stages: a normative sociological research approach and a descriptive analytical research type with data collection techniques through interviews and documentation. The results of his research are that the determination of fines in Consigning is based on the percentage of the price of goods set by the seller, and the Unbranded_Store fine value is fixed, which is stated in the general provisions of the transaction that the seller must comply with. The fines imposed by these two consignments, although the procedures are different, have been able to reduce the potential for sellers to commit defaults, which could harm Consigngamig and Unbranded_Store management in terms of performance and branding, as online stores that have credible business qualifications can significantly reduce the level of seller defaults. The determination and imposition of fines for the seller’s default on both consignments as a business based on a samsarah contract is done by the concept of ta’widh. The scholars allow the application of the ta’widh, which is implemented based on the parties’ agreement in the consignment agreement (samsarah) as long as the dictum does not conflict with the provisions of Sharia.