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All Journal Awang Long Law Review Journal of Education, Humaniora and Social Sciences (JEHSS) JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Jurnal Pengabdian Masyarakat (ABDIRA) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) LEBAH JURNAL PENGABDIAN MASYARAKAT AKADEMISI Rechtsvinding
Azwir Agus
Universitas Medan Area
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Journal : rechtsvinding

 1 
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.
Legal Aspects of Refunding Excess Tax Payments to Consumers Azwir Agus
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1963

Abstract

Consumption tax plays a strategic role as a source of state revenue that supports development financing and the implementation of government functions. In its implementation, there is a possibility of tax payments exceeding the amount due due to administrative errors, miscalculations, changes or cancellations of transactions, and corrections to the tax base. Legal issues arise when consumers, as the parties who economically bear the tax burden, do not have a transparent, easily accessible, and certain refund mechanism. This study aims to examine the regulations and mechanisms for refunding excess tax payments to consumers from the perspective of legal certainty and fiscal justice. This study uses a normative legal research method with a statutory and conceptual approach. The results show that the refund mechanism tends to focus on those who are formally recognized as taxpayers or those who make payments. This situation has the potential to create an imbalance between the formal recipients of refunds and those who actually bear the tax burden. Therefore, strengthening verification mechanisms, transparency, and proportional refunds is necessary to protect consumer rights and achieve fiscal justice.
Co-Authors Ahmad Zaini Aisyah Aisyah Anri Naldi Christian Raja Adi Negara Sagala Darma, Mospa Dearma Sinaga Eka Agustina Sari Br Malau Gerald Elisa Munthe H. Abdul Lawali Hasibuan Hajatina, Hajatina Immanuel Simanjuntak Karina Mia Berutu Lase, Severtianus Mhd Ansor Lubis Montayana Meher Muhammad Citra Ramadhan Muslim Harahap Na’im, Khairun Pratitis, Sugih Ayu Riswan Munthe Sabila, Puji Chairu Sagala, Christian Raja Adi Negara Severtianus Lase Simanjuntak, Immanuel Simanjuntak Sitepu, Karolina Tambunan, Daniel Gidion Windy Anggraini Zega, Angelica Florencia C.