p–ISSN: 2723 - 6609 e-ISSN: 2745-5254

Vol. 5, No. 8 August 2024 http://jist.publikasiindonesia.id/

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3787

Law Enforcement of Thrifting Practices Through Overseas

Online Thrift Shops with Instagram Applications

Nur Aziah Eka Putri¹, Ratna Kartika Wati²

sell them are called "thrift shops". Thrift shops are stores that sell used items at low prices,

so customers can buy these items at a lower price and avoid waste. Thrifting can be one

way for fashion lovers or fashionistas to study trends so that they can find very varied and

unexpected clothing models (Wijaya & Andriasari, 2022). In the implementation of

thrifting today, many platforms can be used, one of which is the online platform. The

most common online platforms are Instagram, TikTok, shopee, and many other e-

commerce that support this online thrifting practice (Niu, Jan, Tabe, & Songkaton, 2023).

Thrifting practices supported by online thrift shops abroad are very detrimental to the

This practice also has an impact on the social sector, namely the number of unemployed,

because workers are not needed much. Economically, this has led to a decrease in foreign

exchange in exports, including fees and taxes, this is one of the reasons why Indonesia

has banned the import of used clothes (thrifting).

of 2019 concerning Trade Supported by Electronic Systems is a series of Indonesian

government regulations that regulate trade both conventionally and electronically. In

Article 47 of the Trade Law, the government stipulates trade prohibitions such as a ban

on imported goods to protect consumer cruciality and create a healthy business climate.

Another purpose of the regulation is to increase national economic growth. One of the

and article 18 are punishable by imprisonment for a maximum of 5 (five) years or a

maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). Article 8 paragraph (2) of

Law Number 8 of 1999 concerning Consumer Protection (UUPK) states that "Business

actors are prohibited from trading damaged, defective or used, and polluted goods without

providing complete and correct information on the goods in question".

the validity of agreements, especially agreements for the sale and purchase of imported

used clothes carried out by thrift shop online stores with customers. In Article 1320 of the

Civil Code, a valid agreement meets four conditions, namely agreement, competence,

certain things, and halal clauses. Article 1337 of the Civil Code states "A cause is

Code.

around us, generally for people who are very careful about money but prioritise

appearance. Starting from children, and adults, to the elderly, they often practice online

thrifting. For example, we can buy used clothes supported by the Instagram application,

in the Instagram application there are a lot of thrift stores both from within the country

and abroad. With many online thrifting practices that buy used clothes supported by

foreign thrift shops directly at this time, this is the reason for conducting this research. So

that you can find out about the mechanism of foreign thrift shop practices supported by

Instagram social media and how law enforcement overshadows online thrifting practices

in Indonesia at this time.

Data Collection Methods

Literature study is the study of written information about law that comes from various

sources and is widely published and is needed in normative legal research and is used as

a support in research and can be used as a basis or reference in reviewing literature related

to research conducted by authors.

Data Analysis Methods

by interpreting the legal materials that have been processed. The use of this interpretation

method aims to interpret the law, whether there is a void in legal norms or there is a vague

Instagram application has become a significant phenomenon in Indonesia. Thrift shop

sellers on Instagram usually get goods from foreign suppliers who send used clothes in

bulk. These clothes are then selected, cleaned, and photographed well to upload to the

seller's Instagram account. Instagram acts as a digital storefront that allows sellers to

showcase their products to a wide and diverse audience. The process of procuring goods

from abroad for thrift shops through Instagram often involves unofficial methods and is

not by applicable regulations.

detected by customs authorities. Sellers often use inappropriate declarations or even

smuggle them along with other goods to avoid taxes and customs duties that would

to various thrift shop sellers who are active on Instagram. These sellers then process,

clean, and market the clothes through their Instagram accounts.

as Instagram Stories, IGTV, and live sales, which allow sellers to reach a wide audience

without the need to open a physical store. Sellers often attract consumers with attractive

product photos and descriptions that emphasize the brand, quality, and affordable price.

However, this practice carries various negative consequences. Not only is it detrimental

to local industries that have to compete with cheaper imported second-hand goods, but it

also has the potential to harm consumers. Goods that enter illegally do not go through the

process of checking quality and safety standards, so consumers are not guaranteed to

consumers. Sellers usually sort clothes based on several key criteria, such as brand,

physical condition, and suitability with the latest fashion trends. Clothes with well-known

brands and in good condition usually have a higher selling value and sell faster in the

market.

look attractive and safe for consumers to use. According to (Balqies & Jupriani, 2022),

many sellers only use simple washing techniques that are not always adequate to remove

all contaminants or disease seeds that may be present on used clothes. This simple

washing technique involves the use of regular detergent and water, without going through

a more thorough sanitation process like professional garment factories do. The limitations

are free of contaminants.

by Instagram such as Instagram Stories, IGTV, and shop features to promote their

products. They often use popular hashtags such as #thriftshop, #preloved, or

#secondhandfashion to attract the attention of potential buyers. Sellers also often hold

live sales, where they sell items directly through live broadcasts on Instagram, thus

creating an interactive and urgent sales atmosphere.

authenticity and condition of the goods. Consumers are often unable to inspect the item

directly before purchasing, which makes them vulnerable to fraud or receiving items that

do not match the description. The increasingly popular practice of online thrifting has

posed serious challenges for the local fashion industry in Indonesia. According to

(Saputro, Santoso, Wardoyo, Sofiyana, & Ramadhani, 2024), the increase in the purchase

of imported second-hand clothes through platforms such as Instagram has led to a decline

in demand for local products. This condition affects various aspects of the domestic

fashion industry, from manufacturers to workers in the convection and garment sectors.

The decline in demand for local products means that many manufacturers are facing a

decline in revenue, which can ultimately affect their business viability.

hand clothes that are usually sold at much lower prices. This makes local products less

economic problem. Workers who have lost their jobs find it difficult to find new jobs,

especially in the same sector, due to the lack of demand and available jobs.

exacerbated by the fact that many transactions are carried out informally and are not

recorded. This causes the government to lose potential revenue from taxes and customs

duties that should be obtained from the trade of these imported goods. The inability to

effectively monitor and regulate these transactions creates loopholes in the country's

taxation and customs systems. As a result, a large amount of revenue that could be used

for development and public services is simply lost. These informal transactions are

usually carried out by individual sellers or small businesses that do not have an official

registration also means that the government does not have accurate data on the volume

and value of the trade-in imported used clothing. This data is essential for effective

economic planning and policymaking. Without adequate data, governments struggle to

identify trends and take appropriate actions to regulate the market and protect local

industries. This situation worsens economic conditions, especially for the domestic

convection and garment industries which have been affected by the decline in demand.

concerning Trade and Government Regulation Number 80 of 2019 concerning Trade

Supported by Electronic Systems, have prohibited the trade of imported second-hand

goods to protect local industries and consumers. However, the implementation and

enforcement of this regulation still face many obstacles, especially in terms of monitoring

and supervision of online buying and selling activities that are carried out anonymously

and spread across various social media platforms. Consumer education and awareness

also play an important role in this practice. Many consumers are not aware of the risks

and impacts of buying imported used clothes, both in terms of health and economy. Intan

Nur Rahmalia emphasized the importance of educating consumers about their rights and

the risks associated with buying used goods online. In facing this challenge, cooperation

between the government, social media platforms, and the public is urgently needed. The

government needs to increase surveillance and work with platforms like Instagram to

identify and crack down on accounts that violate the law. At the same time, the public

number of sellers who use Instagram and similar platforms to sell illegally imported used

clothes. This practice not only violates existing laws but also harms the domestic market

as well as consumers. Law Number 7 of 2014 on Trade, trade-in imported second-hand

goods, including clothing, prohibits to protection of local industries and consumers from

goods that may not meet health and safety standards. In addition, Government Regulation

Number 80 of 2019 concerning Trade Supported by Electronic Systems regulates online

trade and aims to create a healthy and competitive business climate in the digital era.

due to the nature of transactions carried out virtually. Business actors can easily operate

anonymously, use fictitious accounts, and switch platforms if detected by the authorities.

fraud and shipping errors that often occur because sellers and buyers are not face-to-face.

Consumers often receive items that do not match the description or are damaged during

delivery. To overcome this, Article 4 of Law Number 8 of 1999 concerning Consumer

Protection provides a legal basis to protect consumer rights. One example of the

implementation of this law is the case researched by (Rahmawati, Rahmadani, Heni, &

Kevin, 2023), which shows that if the goods are damaged during delivery, consumers are

entitled to compensation by Article 19 of Law Number 8 of 1999 concerning Consumer

Protection. However, the enforcement of these rights still often encounters practical

obstacles, especially due to the lack of awareness of consumers and sellers of their

strengthen regulations and supervision of online buying and selling activities. This

includes increasing cooperation with social media platforms such as Instagram to identify

and crack down on accounts that violate the law. In addition, education to the public about

their risks and rights as consumers is very crucial. Research by (NATASHA, 2023) shows

that many consumers do not understand the legal protections available to them in online

transactions. More specific and clear regulations regarding the used clothing trade are

urgently needed to address the complexities that exist in the practice of online thrifting.

Research by (Saputro et al., 2024). shows that despite measures to ban the import of used

clothing, existing regulations have not been effective enough in addressing the various

clothes and reduces the need for the production of new clothes that negatively impact the

environment. This makes existing regulations must be able to accommodate this aspect

of sustainability, while still protecting the local industry from the negative impact of

imported used clothing. In addition, the policies developed must be able to encourage

sustainable practices that support local industries. For example, the government can

provide incentives to local business actors who apply sustainable fashion principles.

These incentives can be tax deductions, technical assistance, or marketing support. Local

industries can thrive and compete with imported products while supporting broader

sustainability goals. This policy can also include educational programs for consumers

about the urgency of supporting local products and the positive impact of sustainable

between the government, industry, and the community, the new regulations can create a

healthy and sustainable business climate.

in used clothes in Indonesia. Most of the second-hand goods sold in Indonesia come from

abroad and often come in without being supported by a legitimate process. This makes

coordination with the country of origin of the goods a crucial thing that must be done to

control the influx of illegally used clothes. This step could involve bilateral or multilateral

agreements that focus on monitoring and tightening procedures for the export-import of

used goods. Countries that are the main source of used clothes can be invited to implement

stricter standards in the sorting and export of their used goods so that only products that

meet certain standards can enter Indonesia. In addition, international e-commerce

platforms also play a crucial role in the sale of used clothes in Indonesia. Cooperation

with platforms such as Instagram, Shopee, and others is necessary to monitor and regulate

the sale of second-hand goods. These e-commerce platforms may be required to ensure

that sellers using their services comply with local and international regulations regarding

the trade in used clothing. Fatmawati in her research shows that easy access to imported

goods supported by e-commerce greatly affects people's lifestyle and consumptive

behaviour, which further strengthens the need for strict regulations. International

cooperation can include the exchange of information and technology between countries.

Countries with more advanced experience and technology in e-commerce monitoring and

support and guidance for countries trying to tackle illegal trade. Indonesia can ensure that

the measures taken are not only effective but also by international standards. This

international cooperation can help create a fairer and more sustainable trade environment

while protecting consumers and local industries from the negative impacts of the illegal

trade in used clothing.

thrifting practices. Consumers need to be provided with clear and correct information

about the items they are buying, as well as easy access to file complaints and get

compensation in case of problems. Research by (Awalia et al., 2024). emphasizes the

urgency of the role of e-commerce platforms in ensuring consumer protection by

Conclusion

shops with the Instagram application is a complex challenge in Indonesia. Although Law

concerning Trade Supported by Electronic Systems has regulated the prohibition of trade

in imported used goods, their implementation is often ineffective. The practice of thrifting

carried out online takes advantage of loopholes in supervision and regulation so that many

business actors can still sell imported used goods illegally. Article 1337 of the Civil Code

states "A cause is prohibited, if the cause is prohibited by law or if the cause is contrary

to decency or public order." This is because it is in the form of a ban on the import of

the practice of thrifting supported by online thrift shops abroad is contrary to Article 1337

of the Civil Code.

similar platforms to sell illegally imported used clothes. This practice not only violates

existing laws but also harms the domestic market as well as consumers. Law Number 7

of 2014 on Trade, trade-in imported second-hand goods, including clothing, prohibits to

protection of local industries and consumers from goods that may not meet health and

safety standards. To overcome this problem, cooperative actions are needed between the

government, social media platforms, and the community. The government needs to

strengthen regulations and increase scrutiny of online buying and selling activities,