PERSPECTIVE OF SHARIA ECONOMIC LAW AND POSITIVE LAW FOR NON-CASH PAYMENT QRIS USERS IN INDONESIA ACCORDING TO THE SDG

Objective: In the practice of digital payment method transactions using QR codes, it is necessary to be careful about counterfeiting QR codes by parties who violate the law or are irresponsible. Theoretical Framework: This research aims to explain and analyze legal protection for consumers in non-cash payment transactions based on QRIS (Quick Response Code Indonesian Standard) Positive Legal Perspective and Sharia Economic Law Perspective with a normative juridical approach. Method: In this research the author uses a statutory approach in carrying out normative research. This approach relies on various legal bases studied, which in this case relate to regulations regarding legal protection for consumers in QRIS (Quick Response Code Indonesian Standard) based non-cash payment transactions, Positive Law and Sharia Economic Law Perspectives. Results and Discussion: Research results Analysis of Legal Protection for Consumers in Non-Cash Payment Transactions Based on QRIS (Quick Response Code Indonesian Standard) Positive Legal Perspective relates to preventive legal protection, apart from the general regulations regarding consumer protection contained in the Consumer Protection Law no. 8 of 1999, for QRIS consumers there are significant regulations that govern. Bank Indonesia has issued Regulations for Members of the Board of Governors 21/18/PADG/2019 concerning Implementation of the National Standard Quick Response Code, Bank Indonesia Regulation Number 22/20/PBI/2020 concerning Bank Indonesia Consumer Protection, Bank Indonesia Regulation Number 18/40/PBI/ 2016 concerning Implementation of Payment Transaction Processing, Bank Indonesia Regulation Number 20/6/PBI/2018 concerning Electronic Money. Research Implications: Then, based on the Sharia Economic Law Perspective, it is reviewed from the sadd dzari'ah theory regarding the collection of personal data, which was originally permitted because it contained benefits, but in terms of the goals to be achieved, it could potentially end in loss and harm if there was no protection from the Government. Originality/Value:


INTRODUCTION
Transactions are several long-term human activities carried out between individuals and other individuals, or individuals and groups, to achieve one or more goals that can satisfy desired needs.It should produce an object that corresponds to the desired object (Rachman et al ., 2024).Then, the system of using gold as a means of payment was introduced after the exchange system, which added to the advantages and disadvantages of changing the use of gold to paper money (Qori'ah et al ., 2020).As people's need for events increases, people are trying to make payment systems more practical, which is still not practical for large amounts of money at events (Hendrawan et al ., 2023).
Therefore, payment instruments called checks and bills are used for daily activities.There is technology for creating electronic money (e-money) which can be used in electronic media connected to the internet (Ulf, 2020) Furthermore, the digital economy is one of the innovations that is developing due to advances in financial technology (Amelia et al ., 2023).If we define the digital economy as new activities related to virtual business and reciprocal transactions through means of exchange, namely internet technology (Cahyono et al ., 2022).Financial technology or what is often called fintech seems to offer convenience in various aspects of financial services, including payment methods, money transfers and other methods (Fauja et al ., 2023).meet the needs of society, especially in the field of payment system services, both in terms of organizers, instruments, mechanisms and payment transaction processing facilities (Bank Indonesia, 2016).Payments that utilize technology, namely using mobile phones (mobile payments), are experiencing quite rapid development at the moment, one of which is the use of the Quick Response Code (Bank Indonesia, 2016).
In practice, with digital payment methods that use QR codes, care must be taken to ensure that there are no illegal or irresponsible parties who fake the QR code (Hayati & Rizky, 2023).Various things can happen, such as sabotaging a user's account from a QR code associated with cybercrime, either by revealing the identity or replacing the QR code with malware or a virus (Maharani & Isa, 2023).Of course, this is not only detrimental to payment system users, but in general also has an impact on company continuity and business operations.Therefore, security must be created in the digital payments ecosystem to prevent crime and enable banks to operate application technology, servers and employees well.(Manurung & Lestari, 2020) With the massive growth of QR Code service companies, through Bank Indonesia the Government is implementing official standards for transactions using QR Codes through QRIS (Quick Response Code Indonesian Standard).
Quoting the official Warta Ekonomi website, he stated that the introduction of the payment system via QRRIS was well received by traders and users (consumers), but some parties doubted its security and effectiveness.Payment system Therefore, the payment system via QRIS has caused controversy among the public and traders (Bin Mohd. Noh & Fidhayanti, 2022).Pramata Persadha, Cyber Security Expert at the Communication and Information System Security Research Center (CissRec), also spoke about the potential crime of sabotage (Chusaeni et al ., 2024).Pramata said that this potential arises because the QR Code form is difficult to verify its authenticity to the naked eye, so that QR Code manipulation can occur which can be detrimental to consumers or merchants (Salim & Yunisva, 2024).As in the case of QR Code fraud that occurred in China at the end of 2017, which caused losses of US$ 13 million or around Rp. 188 billion (exchange rate at that time) for consumers (Patrick, Another potential crime that often occurs when using QR codes is the risk of misuse of customer information and data as well as payment transaction information and data (Fina et al ., 2023).Apart from event handling purposes, personal data contained in the QR code is stolen due to system damage.It can be easily distributed and hacked by criminals to make a profit.In addition, viruses can also enter barcodes, so that when customers scan the barcode, they do not know that a virus has been installed on their cellphone, which can steal user data and cause financial losses (Mayanti et al ., 2020).As happened some time ago in Singapore.A woman lost $20,000 from her account after scanning a QR Code and downloading a third-party app to complete a 'survey'.
Furthermore, the Sunday Times Singapore reported that since March 2023 there have been 113 victims of online fraud with an estimated loss of $445,000.The Cyber Security Agency of Singapore revealed that one method that is often used is to install fake QR Codes at food and beverage outlets to deceive victims with fake promotions (Hamzah Muchtar et al ., 2024).The QR Code is deliberately installed in official food outlets so that consumers are fooled and differentiate between real and fake QR Codes (Atta Kharisma, 2023).
Usually, when a fake QR Code is scanned, consumers will be asked to install a third-party application containing malware which can compromise access to smartphone features such as the camera and even facial recognition.
By accessing the camera, fraudsters can monitor their victims' activities.When the victim is asleep, the fraudster will carry out their actions by accessing the victim's information and account using malware.Fraudsters can also control the facial recognition feature to force victims to enter passwords manually.As a result, fraudsters can find out the victim's password and security code (Atta Kharisma, 2023).Several cases related to personal data breaches, ranging from theft of personal data, system damage that allows data breaches, misuse of personal data that has been regulated in the business, or the possibility of other parties being able to access personal consumer data.Based on recapitulation of data from the Ministry of Communication and Information of the Republic of Indonesia, as of March 2022, in total there were 34 cases of information security violations, while derivative cases that were still related to information security An example of a case involving a leading startup company in Indonesia is the loss of user data on the Tokopedia platform, as reported by Kompas.com as follows: information on 15 million Tokopedia users was allegedly leaked in cyberspace.According to the latest news, the information of 91 million users and more than 7 million Tokopedia merchants is being sold on the dark web.
The information will be sold for $5,000 (approximately 74 million rubles).This case will definitely harm the affected users.The victim's email address can be misused for crimes such as fraud or extortion.Tokopedia is aware of an attempt to steal user data on its e-commerce platform (Wahyunanda, 2021) Islamic economic law has regulated protecting consumers.Protecting consumers in Islam is a necessity and an absolute condition for achieving success.Protection in Arabic means the same as "Asama" while consumer in Arabic is "mustahliku".As the word of Allah SWT. in the Qur'an: Meaning: "O Messenger, convey what has been revealed to you from your Lord.and if you don't do (what is commanded, it means) you are not conveying His message.Allah protects you from human (harm).Indeed, Allah does not guide those who disbelieve." (QS Al-Maidah: 67) From the description above, it can be concluded that consumer interests cannot be ignored but must be taken into account so that consumer interests are adequately protected.The desired benefits are benefits for all parties involved, both service providers and consumers.Currently in Indonesia there to protect consumers.The existence of this law is very important because consumers have a legal basis and a protective shield to protect all interests in the business world (Husni Syazali, 2000) In addition to the complex problems that QR code users face in other free payment systems, they must be provided with legal and regulatory protection, because consumers who use QR codes can be punished due to limited capabilities, if their use is not in accordance with consumer rights.for those who don't use QR codes (Fadillah et al ., 2022).They really understand the basics of implementing QRIS transactions with vulnerabilities in the operating system and the inability of users to distinguish between real and fake QR codes.As a result, cyber threats and shadow banking are increasing, which can affect the smoothness of payment system processes (Kornelis, 2022).Due to existing problems and potential crimes, the position as a consumer is vulnerable to being the party who suffers losses.This is because consumers are often placed in a weak bargaining position, in the sense that dominance lies with the organizers of QRIS-based payment transactions and traders (Setyaningtyas & Suranto, 2016).For this reason, protection of users or in this case consumers who use QRIS is an important concern for the implementation of safe and conducive QRIS-based non-cash payment transactions.Based on the legal issues that have been described as well as the problems above which underlies the research entitled "Perspective of Sharia Economic Law and Positive Law for Non-Cash Payment QRIS Users in Indonesia".

METHODOLOGY
This research uses a normative legal approach, namely research that focuses on examining the application of positive legal principles or standards (Jhonny, 2006).Normative jurisprudence, namely an approach that uses the concept of a positivist legislator.This concept considers law to be identical to written norms created and promulgated by authorized institutions or officials.This understanding sees law as a normative system that stands alone, closed, and apart from the real life of society (Ronny, 1998).In this research, the author uses a statutory approach in carrying out normative research.This approach relies on various legal bases studied, which in this case relate to statutory regulations regarding legal protection for consumers in QRIS (Quick Response Code Indonesian Standard) based non-cash payment transactions, Positive Law and Sharia Economic Law Perspective.

ANALYSIS OF LEGAL PROTECTION FOR CONSUMERS IN NON-CASH PAYMENT TRANSACTIONS BASED ON QRIS (QUICK RESPONSE CODE INDONESIAN STANDARD) POSITIVE LEGAL PERSPECTIVE
The position of consumers who are vulnerable to loss means that there is a need for escalation in the protection efforts undertaken for consumers so that their rights as consumers are maintained.On the other hand, it needs to be underlined that in protecting consumers, it is not necessary to completely stop business actors because their continued existence is very important for the nation's economy.So policies on consumer protection issued by the government need to be aligned with protection policies for business actors as well, so that both business actors and consumers have a balanced position.All actions taken to provide legal certainty in order to protect consumers are defined as   Efforts to implement consumer protection can be taken not only through preventive measures, but also repressive measures.As defined, preventive legal protection is protection that the government provides to prevent a violation from occurring.Meanwhile, repressive legal protection is the final protection given if a violation or dispute has occurred, where the form of protection is in the form of sanctions.(GegenG and Santoso, 2022)These two forms of legal protection are used to ensure security for QRIS consumers when carrying out transactions.

Problem Identification and Classification
Regarding repressive legal protection, it is applied if a dispute or loss occurs to QRIS consumers.In carrying out QRIS transactions, apart from bringing benefits to users, on the other hand, it also carries the risk of crimes such as fraud, as well as theft and/or leakage of personal data.Repressive legal protection plays a role in resolving problems that occur.However, first it is necessary to classify the actions carried out as breaches of contract or unlawful acts.As the legal relationship that regulates QRIS transactions is based on a sales and purchase agreement that binds QRIS consumers and sellers.The ongoing sale and purchase agreement carries an obligation to implement the agreed performance.If there is denial or discrepancy in the implementation of existing achievements then this occurs.In relation to QRIS transactions, if during the implementation there is fraud which results in non-fulfillment or violation of the user's rights then this is classified as a breach of contract.Fraud can occur due to a lack of good faith on the part of traders.Good faith is a principle that must be implemented in agreements, as regulated in Article 1338 Paragraph (3) of the Civil Code.
An agreement that is shrouded in fraudulent intent will cause the existing agreement to have no legal force and can be cancelled.In addition, based on Article 1243 users can claim losses for breach of contract committed due to fraud.In QRIS transactions, problems can also occur that originate from outside the parties involved in the transaction.Consumer protection laws related to digital/electronic transactions are no different from the laws that apply to real buying and selling transactions.However, the difference lies in its use, namely using internet facilities or other telecommunications facilities.So it is stated in article 28 paragraph (1) in the ITE Law which reads: "Every person intentionally  1) shall be punished with imprisonment for a maximum of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah)".

Stages of Problem Solving
The stages of resolution of cases of default or unlawful acts can be through litigation and non-litigation.(Adinata, Indrawati, 2016)The litigation route is the resolution of disputes by filing a lawsuit in court.Meanwhile, the non-litigation route is the resolution of disputes outside of court, generally in disputes involving consumers and business actors, the resolution through this route will be through the Consumer Dispute Resolution Agency (BPSK).The path taken in resolving the case depends on the QRIS Consumer's decision and/or the agreement of the parties.data contained in the QR code is stolen due to system damage.It can be easily distributed and hacked by criminals to make a profit.In addition, viruses can also enter the barcode, so that when customers read the barcode, they do not know that there is a virus installed on their mobile phone, which can obtain user information and cause financial losses (Mayanti et al ., 2020).Therefore, entrepreneurs or QR code creators are obliged to maintain the protection of personal data both for the benefit of consumers and to avoid legal consequences.Sharia analysis for risk mitigation is needed to prevent theft and misuse of personal information in cyberspace, known as Sadd Dzari'ah.This method of Islamic law works by preventing any intermediary from causing harm for mutual benefit.Sadd Dzari'ah is a method of istinbath in Islamic law which aims to protect interests.Etymologically sad means "to close", "to prevent", "to deny".Although Dzari'ah is interpreted as a means or intermediary for something.Things that are intermediaries and paths to something.On the other hand, in ushul fiqh, dzari'ah is defined as anything that can convey things that are prohibited by syar', so it must be prohibited.(Wahbah al Zuhaily, 1986)This method is classified as preventive, meaning that everything that was previously permissible could become haram based on strong evidence because of its implications.By using the Sadd Dzari'ah method which considers aspects of mafsadat and benefits, a syar'i perspective can be built to understand the risk of loss from personal data breaches.The purpose of this method is to distance the person from possible violations while making it easier to gain profits.The aim of the Ushuliyah Sadd dzari'ah Framework is to prevent violations by ensuring that consumers are adequately protected and by continuously monitoring activities related to digital transactions.This is because Islamic law generally aims to implement beneficial aspects and avoid detrimental elements.The logical consequence is that everything that is suspected of causing harm must be blocked because it is illegal.
Determining the law of sadd dzari'ah is about calculating the consequences and effects of an action after it is carried out, not just looking at the motive or intention of the perpetrator.Therefore, if an action leads to  it is not protected by sharia.Therefore, it is necessary to establish a personal data protection policy as a preventive measure to prevent mafsadatan (sadd dzari'ah), misuse in the management of personal data.Efforts to protect personal data are very important because if it is not regulated by law, there is the possibility of personal data leakage.At the same time, from a fiqh perspective, those who commit identity theft may be subject to ta'zir sanctions for considering their interests while violating privacy and human rights.Therefore, it is potentially dangerous when the protection of personal data is not regulated in law which is very detrimental to consumers due to the risk of unintentional breaches.

Fintech
business is a modern technological financial innovation that utilizes developments in information technology to create new innovations in the financial sector that are faster and easier to use (Author & Kusuma, 2021).In the last five years, payment technology has experienced very rapid Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG development, especially in relation to fintech (financial technology) in order to Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG violations, in this case cases of personal data, namely fraud, amounted to 9,400 cases.(Ministry of Communication and Information, 2021).
.Even though Bank Indonesia has launched Regulation for Members of the Board of Governors of Bank Indonesia Number 21/18/PADG/2019 concerning Implementation of the National Quick Response Code Standard for Payments.Then this regulation underwent changes with PADG No. 24/1/PADG/2022 concerning the Second Amendment to the Regulation of Members of the Board of Governors Number 21/18/PADG/2019.However, it is not specifically explained regarding the protection of personal data for consumers who make transactions using QRIS, at least to minimize the occurrence of something unexpected.
Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG are laws that generally regulate consumer protection.This is clear from Consumer Protection Law Number 8 of 1999.According to Law Number 8 of 1999, consumer protection includes all efforts to guarantee all legal certainty Samosir, H., E., S., Natsir, I., Setiawan, H., Hendra, J., Suyanto, Sipayung, B. (2024) Perspective of Sharia Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG consumer protection.In order to realize the complete Indonesian human being based on the state philosophy of the Republic of Indonesia, especially the state foundation of Pancasila and the state constitution, Law Number 8 of 1999 concerning Consumer Protection was drafted with reference to this national development philosophy.This Consumer Protection Law functions as a framework to integrate and strengthen law enforcement efforts in the field of consumer protection while still opening up the potential for the birth of new laws that have substance around consumer protection policies.(HendroNugroho, 2020)In QRIS transactions, the implementation of legal protection is necessary Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG to ensure consumers can carry out transactions safely.Apart from that, legal protection also prevents the risk of losses arising from potential threatening crimes such as fraud and theft and/or leakage of personal data.In general in Indonesia, efforts to protect consumers are based on ideas that are considered to provide guidance and practical application.According to Article 2 UUPK, consumer protection is implemented based on the following principles: a) Benefit Principle, according to this principle, every effort made to implement consumer protection must maximize benefits for the interests of consumers and business actors as a whole; b) Principle of Justice, the aim of the principle of justice is to ensure that everyone has the maximum opportunity to participate and that corporate actors and consumers have the means to fairly exercise their rights and fulfill their obligations; c) The principle of balance is the harmony between material and spiritual interests between consumers, business actors and the government.The application of the principle of balance in the Consumer Protection Law is carried out by determining the rights and obligations of each party in accordance with a reciprocal agreement between consumers and business actors.The opposite of what is a right on one side is an obligation on the other side.To realize the principle of balance in the application of standard clauses, the legislators through Article 18 of the Consumer Protection Law have provided limitations on standard clauses if business actors intend to distribute goods and/or services produced using standard clauses; d) Consumer Security and Safety Principle, the purpose of this principle is to guarantee the security and safety of consumers in utilizing, using and/or consuming goods and/or services.Law No. 8 of 1999 concerning Consumer Protection, Article 4 letter (a) states that the right to comfort, security and safety in consuming goods and/or services is the primary and first right of consumers.This article also shows the implementation of this principle.Apart from other rights, such as the right to information, the right to make a choice, and the right to be heard, the right to security is another fundamental right that is internationally Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG recognized as a consumer right;e) Principle of Legal Certainty, the aim of the principle of legal certainty is to ensure that the state provides legal certainty and that business actors and consumers obey the law and obtain justice in implementing consumer protection.(HulmanPanjaitan, 2021, pp.87-89) Legal protection in this form has the function of preventing disputes or disputes from arising.The preventive steps taken by Bank Indonesia as one of the government organs directly related to the implementation of QRIS transactions are through regulations related to QRIS implementation policies.It also regulates legal protection obligations for consumers.In relation to preventive legal protection, apart from the general regulations regarding consumer protection contained in the UUPK, for QRIS consumers there are significant regulations that govern.Bank Indonesia has issued Regulation for Members of the Board of Governors Number 21/18/PADG/2019 concerning Implementation of the National Quick Response Code Standard for Payments, as a major milestone in the implementation of QRIS as well as regulations related to user protection.The policies regulated in this regulation relate to fulfilling consumer protection standards for payment system service providers to obtain approval, where this is regulated in Article 11 Paragraph (2).Based on the analysis carried out, it is Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG known that the scope of regulation regulated in this regulation includes procedures and systems for implementing QRIS, licensing, reporting and monitoring services.
Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG and without right spreads false and misleading news which results in consumer losses in electronic transactions."If this happens in violation of Article 28 Paragraph (1) of the ITE Law, business actors or consumers who do this will be threatened with criminal penalties as regulated in Article 45A Paragraph (1) of Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2016.2008 concerning Information and Electronic Transactions, namely: "Any person who deliberately and without right spreads false and misleading news which results in consumer losses in Electronic Transactions as intended in article 28 paragraph ( Figure 1Hunkun's circle Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG transaction information and data.Apart from event handling purposes, personal Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG is very detrimental to consumers due to the risk of unintentional breaches.4 CONCLUSION Analysis of Legal Protection for Consumers in QRIS-Based Non-Cash Payment Transactions (Quick Response Code Indonesian Standard) Positive Legal Perspective relates to preventive legal protection, apart from the general regulations regarding consumer protection contained in the Consumer Protection Law no. 8 of 1999, for QRIS consumers there are significant regulations that govern.Bank Indonesia has issued Regulations for Members of the Board of Governors Number 21/18/PADG/2019 concerning Implementation of the National Standard Quick Response Code, Bank Indonesia Regulation Number 22/20/PBI/2020 concerning Bank Indonesia Consumer Protection, Bank Indonesia Regulation Number 18/40/PBI /2016 concerning Implementation of Payment Transaction Processing, Bank Indonesia Regulation Number 20/6/PBI/2018 concerning Electronic Money.In order to provide consumer protection, OJK has also issued OJK Regulation no.01/POJK.07/2013concerning Consumer Protection in the Financial Services Sector (hereinafter referred to as POJKPKSJK).Then regarding repressive legal protection if a dispute or loss occurs to QRIS Consumers, namely the risk of fraud, as well as theft and/or leakage of personal data, then this is classified as a breach of contract based on Article 1243 of the Civil Code, users can claim losses for the breach of contract.committed by fraud.Consumer protection law related to digital/electronic transactions, if there is a violation of Article 28 Paragraph (1) of the ITE Law, then business actors or consumers who do this will be threatened with criminal penalties as regulated in Article 45A Paragraph (1) of Law No. 19 of 2016 concerning Amendments to the Law -Law Number 11 of 2008 concerning Information and Electronic Transactions.Analysis of consumer legal protection for cardless transactions based on the Indonesian Quick Response Code Standard (QRIS).The perspective of sharia business law is explored through the Sadd dzari'ah theory regarding the collection of personal data, which is initially permitted because it contains benefits, but when the goals can be achieved, it can result in harm and loss if Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG