Sophist Jurnal Sosial Politik Kajian Islam dan Tafsir
Vol. 8 No. 3 (2026): Digital Epistemology, Maqasid Ethics, Socio-Legal Reform, and Civilizational Re

JUSTICE ON PAPER, INJUSTICE IN PRACTICE: RETHINKING CONSUMER PROTECTION IN INDONESIA'S ONLINE MARKETPLACES

Tiara Dhiya Nafisah (University of Bengkulu)
Dian Dwi Pratiwi (University of Bengkulu)
Septiyan Dwi Putra (University of Bengkulu)
Emelia Kontesa (University of Bengkulu)



Article Info

Publish Date
26 Oct 2026

Abstract

Indonesian consumers keep losing money to non-conforming goods bought through online marketplaces, even though a consumer-protection framework already exists on paper. This article asks why that gap persists and how legal philosophy should guide the way responsibility for it is assigned. Using normative legal research, it reads Law No. 8 of 1999 on Consumer Protection and its implementing regulations against Aristotle's distinction between distributive and corrective justice and Rawlsian fairness. The analysis finds that losses persist because of information asymmetry, weak consumer bargaining power, limited access to evidence, and enforcement that rarely reaches small-value disputes, leaving the justice consumers experience well short of the justice the statute promises. Responsibility for non-conforming goods should track who actually controls a transaction's risk, which means marketplaces cannot treat themselves as neutral intermediaries. The article concludes that stronger enforcement, cheaper dispute channels, and provisional refunds based on reasonable initial evidence would close much of that gap, provided they are balanced against legal certainty and the consumer's own duty of good faith.

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Journal Info

Abbrev

js

Publisher

Subject

Religion Humanities Social Sciences

Description

Sophist aims to publish and promote the integrative interconnected ideas about the comparative collaborative studies between islamic studies and social political studies. the study of quranic verses and its relation with the social phenomena and political ...