Misleading Promotion as an Unlawful Act: An Analysis of Article 1365 of the Civil Code
DOI:
https://doi.org/10.59525/rechtsvinding.v3i2.1194Keywords:
Misleading promotion; Act against the law; Article 1364 of the Indonesian Civil CodeAbstract
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.
References
Ahmad Jalaludin Arrodli, Andika Ramadhan, A., & Denis Zakia Muhammad, Depi Dwi Pamungkas, DA (2024). Legal Consequences of Defective Will in the Formation of Agreements According to Article 1320 of the Civil Code. Letterlijk: Journal of Civil Law, 1(2), 1–12.
Cevitra, M., & Djajaputra, G. (2023). Unlawful Acts (Onrechtmatige Daad) According to Article 1365 of the Civil Code and Its Development. Unnes Law Review, 6(1), 2722–2731.
Dio Afriyanto Minta, Agustinus Hedewata, SA (2024). Legal Protection of Consumers from Misleading Advertising Practices by Business Actors in Kupang City Based on Law Number 8 of 1999 Concerning Consumer Protection, Nusa Cendana University, Indonesia. Referendum: Journal of Civil and Criminal Law, 1(3), 11–20.
Erika Lehany Erungan, Meiske Tineke Sondakh, JMK (2010). Application of the Principle of Good Faith in Sales and Purchase Agreements Reviewed from the Civil Code. Unsat Journal, 1(2).
Januarilla, JM, & Wulansari, R. (2024). Legal Protection for Consumers against Violations of the Right to Information on Product Sales at the J.CO Indonesia Donut Outlet. Proceedings of the Actual Law Seminar, 1(2), 143–158.
Kamila, ER (2025). Digital Transformation and E-Commerce Growth: Impact, Opportunities, and Challenges in the Modern Era. Scientific Journal of Economics and Management, 3(2), 141–145.
Keysi Rahmawati, EP (2025). Analysis of Overclaim Marketing in Building Consumer Trust in Daviena Skincare Products Applied Business Administration Study Program, Department of Business Administration, Marketing Polytechnic is Daviena Skincare. This product is widely promoted through m. Journal of Business, Islamic Economics, and Taxation, 2(2).
Lanosta, E. (2021). Consumer Protection Regarding Correct Information Regarding Product Promotions in Electronic Commerce Transactions According to Law Number 8 of 1999 Concerning Consumer Protection. Adiguna Law Journal, 1(2), 534–559.
Ramadhani, FY, & Ali, H. (2025). Determination of Purchasing Decisions: Analysis of Marketing Strategy, Consumer Behavior and Technology. Journal Dinasrev, 2(4), 145–155.
Sri Maharani MTVM, RRP (2025). A Legal Study of Unlawful Acts by Skincare Sellers Whose Advertisements Are Misleading Based on Article 1365 of the Civil Code. Rewang Rencang: Lex Generalis Law Journal, 6(4), 1–14.
Sukanto, S. and SM (2009). Normative Legal Research: A Brief Review. Jakarta: PT Raja Grafindo Persada.
Wahju Iswandy, REL (2025). Breaking the Limits of Legal Protection for Sub-Service Providers in Construction Contract Agreements Within a Positive Legal Framework. Nusantara Hasana Journal, 5(6), 180–196.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Azwir Agus
This work is licensed under a Creative Commons Attribution 4.0 International License.
