Sale Legality of Rejected Bandage on Shopee Application from The Perspective of Sharia Economic Law and Protection Law Consumer

Abstract

Currently, reject products are not foreign commodities traded in Indonesia, one of which is reject sanitary napkin products. Many of these rejected sanitary napkin products are circulating on the market, such as those on the Shopee application. Reject sanitary napkins themselves are described as products that do not pass the quality control (QC) stage and have defects or damage that should not be suitable for distribution based on Indonesian law. From the perspective of sharia economic law, rejected sanitary napkins with their dangerous risks (dharar) to the health of their users can become a buying and selling practice that is prohibited due to the conditions of the object. However, many rejected sanitary napkin products are still circulating in the community. The research results show that rejected sanitary napkins sold through the Shopee Application are products that are in a condition that does not meet production standards (damaged) and are in a condition of defects and holes. Findings in the field are the reasons why the sale of rejected sanitary napkins violates the Consumer Protection Law. From the perspective of sharia economic law, the sale of rejected sanitary napkins can provide permissible law if it does not cause definite harm or risk to the user's health, but if the product causes negative impact then this practice is a prohibited sale and purchase. From a legal dharar perspective, this is permissible because the impact is a khafi, or madarat, whose impact is uncertain.