Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Rechtsvinding

Legal Review of the Provisions on “Cohabitation” Based on Law Number 1 of 2023 Concerning the Criminal Code Agus, Azwir
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.679

Abstract

Cohabitation or kumpul kebo is a popular term in society to refer to people who live together as husband and wife but are not married or outside of a legal marriage as regulated in Law Number 1 of 2023 concerning the Criminal Code. The research method used is normative juridical or library research, by analyzing library materials or secondary data that are relevant to the topic. This research is descriptive analytical, namely data obtained and processed and analyzed to provide a comprehensive picture of the legal regulations on Cohabitation as regulated in Articles 412, 417, 418, 419 with data collection methods through document studies. The results of the study show that the provisions of the laws and regulations governing cohabitation in the new Criminal Code create legal uncertainty and even lead to the criminalization of all perpetrators of sexual intercourse who are not bound by a legal marriage to become a criminal offense that results in the restriction of a person's individual rights which causes the loss of human rights protection as regulated in the 1945 Constitution.
Misleading Promotion as an Unlawful Act: An Analysis of Article 1365 of the Civil Code Agus, Azwir
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1194

Abstract

Promotional practices are an important instrument in trade and marketing activities. However, in practice, many businesses engage in misleading promotions, which can be detrimental to consumers. Misleading promotions can include information that is incorrect, incomplete, or creates a false perception of the goods or services being offered. This paper aims to analyze misleading promotions as an unlawful act based on Article 1365 of the Civil Code (KUHPerdata). The research method used is normative legal research with a statutory and conceptual approach. The results show that misleading promotions fulfill the elements of an unlawful act, namely the existence of an act, the act is unlawful, there is an error, the occurrence of a loss, and a causal relationship between the act and the loss. Thus, businesses can be held civilly liable for losses experienced by consumers due to misleading promotions.