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Muchtar A H Labetubun
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Batulis Civil Law Review
Published by Universitas Pattimura
ISSN : 27224465     EISSN : 27468151     DOI : http://doi.org/10.47268/ballrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Batulis Civil Law Review (Batulis Civ. Law Rev. -BALLREV) is a peer-reviewed journal published by the Faculty of Law at Pattimura University twice a year in May, and November. The purpose of this journal is to provide a place for academics, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content with the principle that making research freely available to the public supports greater global knowledge exchange. BALLREV is available in print and online. The languages used in this journal are Indonesian and English. Focus and Scope Batulis Civil Law Review is discusses various topics of Legal Sciences, especially in the field of Civil Law include : BW Civil Law, Civil Procedure Law, Commercial Law, Agrarian Law, Agreement Law, Inheritance Law, Customary Law, Islamic Law, Economic / Business Law, Environmental Civil Law, and other sections related to contemporary issues in the field of Civil Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020" : 8 Documents clear
Eksistensi Perjanjian Ditengah Pandemi Covid-19 Kunarso Kunarso; A Djoko Sumaryanto
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.423

Abstract

Corona Virus Disease-19 (COVID-19) has a significant impact on all aspects of human life in the world, especially in Indonesia which is very large in area and has a large population (around 267 million people) with different kinds of professions. The purpose of this study is to focus on civil matters, with more emphasis on the problem of agreements that are influenced by Covid-19. The normative legal research method uses a statutory approach, and a conceptual approach to force majeure and describes an analysis (analytical descriptive). The results showed that the agreement in the state of the Covid-19 outbreak greatly influenced the implementation of the agreement set and agreed upon by the parties, because the agreement binds the parties, so the parties are subject to the contents of the agreement.
Karakteristik Hak Cipta Sebagai Objek Jaminan Fidusia Merry Tjoanda
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.424

Abstract

A creator has the exclusive right to enjoy his own creation or to give permission to others to use his creation. The purpose of this study is to examine the characteristics of copyright that have the prospect of being used as collateral for credit, because copyright has economic value and can be transferred either entirely or partly because of inheritance, grants, wills, written agreements or other justified reasons. by laws and regulations. The method used is a type of normative legal research with a statutory approach and a conceptual approach. The results show that the characteristics of copyright as a fuduciary guarantee, which is an intangible movable object, can be used as an object of fiduciary security, even though the determination of the value or nominal value of copyright has no standard provisions, but parties can ask for advice from experts.
Implikasi Hukum Putusan Pengadilan terhadap Pembatalan Perkawinan Muchtar Anshary Hamid Labetubun; Sabri Fataruba
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.430

Abstract

Cancellation of a marriage begins after the Court decision has permanent legal force and is valid since the time the marriage takes place. The purpose of this study is to examine and analyze the legal implications of court decisions on cancellations made after marriage because it involves protecting the rights and obligations of the parties (husband and wife). The research method used is the type of normative research with a statutory approach, a conceptual approach and a case approach. The results showed that the cancellation of a marriage has permanent legal force, the separation is different from the husband and wife who separated due to divorce, but the obligation of iddah still applies to women whose marriage is canceled, while the provision of living has different provisions, namely, not getting a living from her ex-husband, because a marriage with a fasid contract that does not require a living. Cancellation of a marriage begins after a court decision has permanent legal force, and is effective from the time the marriage takes place.
Penerapan Prinsip Character Dalam Pelaksanaan Prinsip Kehati-hatian pada Analisis Pemberian Kredit Usaha Mikro Rahmadi Indra Tektona; Qoriatur Risma
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.420

Abstract

Credit is the ability to carry out a purchase or make a loan with a promise that payment will be deferred at an agreed time period. One financial institution that can provide credit is the bank, when providing credit the bank not only uses its own capital but also uses the customer's funds that have been entrusted to the bank. When providing credit, the bank cannot avoid the risk of non-performing loans, related to this, the bank applies the precautionary principle that is realized by the existence of the 5C principle, one of which is character. The application of the character principle aims to assess the character or character of the prospective debtor, whether the prospective debtor has a good character or is not good. The purpose of this paper is to analyze the factors driving and inhibiting the implementation of character principles in the analysis of micro business credit as a form of implementing prudential principles at Bank Mandiri Jember Branch. The type of research used by the author is Empirical Juridical. Then the method used is a qualitative approach method. The results of this research are the driving factors consisting of several factors, among others, in order to make credit activities run safely, minimize losses, ensure the smooth delivery of credit facilities, and build cooperation and trust between banks and customers for a long period of time. Related to the inhibiting factors consist of non-cooperative customers, bad faith in bank management, human resources, and proximity.
Akibat Hukum dalam Perkawinan yang Dilakukan oleh Suami Tanpa Ijin Istri Sahnya Barzah Latupono
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.431

Abstract

Marriage is a very sacred bond. The purpose of this research is to study and analyze the existence of household life phenomena that occur misunderstandings, disputes, quarrels, which are prolonged, which trigger a break in the relationship between husband and wife, but there are also disputes in the household but do not break the relationship in the sense of divorce but the husband has an affair. The research method used in this research is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the research show that the husband performs the next marriage, it is permissible in Islamic law as long as there is honesty and permission from the first wife, but if a marriage is carried out secretly without the permission of the first wife then this marriage will bring harm to the parties and this kind of marriage will not will be recognized by religious law and State law which will result in the parties not getting recognition and protection by law because the marriage is considered invalid and can be canceled.
Kajian Kritis Terhadap Dualisme Pengadilan Elektronik (E-Court) dan Konvensional Khotib Iqbal Hidayat; Aris Priyadi; Elly Kristiani Purwendah
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.421

Abstract

This study aims to determine how the application of electronisc justice system (e-Court) in providing the principle of benefit for the parties in civil cases. This study uses a normative juridical approach with secondary data sources supported by primary data. The results showed that the existence of electronisc justice system (e-Court) can provide the principle of benefit for the parties including transparency of the process, cost, and time efficiency for justice seekers who are able to access IT (Information Technology) and the existence of dualism is still needed for justice seekers which still requires conventional proceedings due to limited access to IT (Information Technology).
Problematika Akad Nikah Via Daring dan Penyelenggaraan Walimah Selama Masa Pandemi Covid-19 Mahardika Putera Emas
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.387

Abstract

The implementation of marriages during the Covid-19 pandemic was hampered, so that there were adjustments in the marriage ceremony, in this case the marriage contract and the holding of a walimah so that it could be held. The development of increasingly sophisticated technology is the intermediary. One of them is to do a marriage contract online through a video call application. The purpose of this research is to study and analyze the validity of the implementation of online marriage contracts and the holding of walimah during the pandemic, so that a concrete solution must be found. The research method is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the study show that online or online marriage contracts using internet-based video call applications cannot be permitted, this is due to the physical obligation of ittihad majelis (unified assemblies). Postponement of holding the walimah during the Covid-19 pandemic in order to avoid crowds of people, by paying attention to the principles of fiqh. The solution is for the marriage contract in the covid-19 pandemic season, which is to carry out the marriage contract in the way that the prospective groom is represented in the marriage contract process, while holding the walimah distributing food to neighbors and those in need.
Penerapan Hukum dalam Pemutusan Hubungan Kerja dan Kebijakan Bank Terhadap Debitur yang Terdampak Pandemi Covid-19 Taun Taun; Ananda Nugraha
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.422

Abstract

Corona Virus Disease-19 (COVID-19) in Indonesia has a bad impact on the country's economy, banking, even the survival of the Community / Worker. The purpose of this study is to examine and analyze the legal consequences of employers who terminate the employment of PKWT workers who are affected by COVID-19 and the Bank's policy to set aside credit agreements for debtors affected by the termination of employment. This study uses a normative juridical research method with a statute approach and a case approach. The results show that the government's efforts to maintain public safety and maintain economic stability, in the spread of COVID-19, can affect the performance and capacity of micro, small and medium business debtors, thus potentially disrupting banking performance and financial system stability which can affect economic growth. Therefore, to encourage optimization of the banking intermediation function, maintain financial system stability, and support economic growth, an economic stimulus policy is needed as a counter cylical effect of the spread of COVID-19.

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