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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 97 Documents
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Reconstruction of The Pawn Agreement Based on Justice Wasana, Budi; Nasution, Krisnadi; Latumahina, Rosalinda Elsina
Batulis Civil Law Review Vol 6, No 2 (2025): VOLUME 6 ISSUE 2, JULY 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i2.2873

Abstract

Introduction: Legally, the clauses in the pawn agreement still contain clauses that conflict with the Consumer Protection Law Nomor 8 of 1999 Article 18 paragraph (1) letter a which states that business actors who offer goods and/or services intended for trading are prohibited from making or including standard clauses in each document and/or agreement if: they state the transfer of responsibility of the business actor. In the pawn agreement there are still missing clauses that should be included in the pawn agreement.Purposes of the Research: To analyze and find a reconstruction of the mortgage agreement based on justice.Methods of the Research: The research method used is normative juridical. Descriptive and argumentative techniques must be used in carrying out the analysis.Results Main Findings of the Research: Exoneration clauses are contrary to the principle of justice, therefore firm action from the authorities must be implemented without discrimination. This is done so that standard agreements made by business actors reflect the principle of justice. The purpose and objective of having a fair agreement is to get a happy ending. If an exoneration clause is found in the agreement, in this case a pawn agreement, then it is necessary to reconstruct the agreement. So that a just and civilized humanitarian agreement and social justice for all Indonesian people are realized.
Regulation of Transfer of Land Rights in Indonesian and Uzbekistan Civil Law: Philosophical Analysis of the Concept of Legal Certainty Nurlani, Meirina; Baxadirovna, Bazarova Dildora
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3356

Abstract

Introduction: The regulation of land rights transfer constitutes a vital instrument in realizing legal certainty and the protection of civil rights within society. Indonesia and Uzbekistan exhibit fundamental differences in their legal systems and traditions of land governance, which directly influence the manner in which legal certainty is established. Indonesia, through the Basic Agrarian Law of 1960 and Government Regulation Number 24 of 1997, adopts a negative land registration system with a positive tendency, while Uzbekistan, under the Land Code of 1998, declares land as state property administered under a national cadastre system emphasizing strict administrative registration.Purposes of the Research: The purpose of this study is to analyze and compare the regulation of land rights transfer in Indonesia and Uzbekistan by examining its implementation in light of legal certainty and civil law principles.Methods of the Research: This research employs a normative juridical method with a comparative legal and philosophical approach, particularly drawing upon the theory of legal certainty.Results Main Findings of the Research: The findings reveal that Indonesia continues to face weaknesses in formal legal certainty due to the non-absolute nature of its land registration system, which instead prioritizes the protection of subjective rights and substantive justice. Conversely, Uzbekistan enforces formal legal certainty through its cadastre system, yet tends to overlook substantive justice and the principle of consensualism. The novelty of this research lies in its philosophical analysis situating both countries within the comparative framework of legal certainty in civil law, thereby offering new discourse on the necessity of harmonizing legal certainty and substantive justice in the regulation of land rights transfer.
Land Law Reform in Indonesia and Nigeria: Towards Equitable Agrarian Governance Damanik, Pandapotan; Nnawulezi, Uche
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3482

Abstract

Introduction: Land inequality remains a major challenge in developing nations, particularly in Indonesia and Nigeria, where unequal land distribution has deep social and economic implications. Both countries have undertaken land law reforms to promote fair access and sustainable resource management. Understanding how these reforms operate within distinct legal and historical contexts is essential for achieving equitable agrarian governance.Purposes of the Research: Analyze and compare the land law reform processes in Indonesia and Nigeria to assess their contribution to achieving justice in agrarian governance. It seeks to identify key similarities and differences in reform approaches, evaluate their socio-legal impacts, and explore policy strategies that strengthen land rights, social inclusion, and rural welfare.Methods of the Research: A qualitative comparative legal analysis was employed, focusing on legal frameworks, policy implementation, and institutional mechanisms in both countries. Data were collected through literature review, document analysis, and secondary sources such as academic journals and government reports. The comparative framework allows examination of each country’s reform trajectory and its effectiveness in promoting fair and sustainable agrarian governance.Results Main Findings of the Research: The findings reveal that although both countries differ in their historical and legal contexts, they face similar challenges namely, land ownership concentration among economic elites and weak protection of indigenous and smallholder farmers’ rights. Indonesia has shown progress through land redistribution and asset legalization programs, while Nigeria emphasizes decentralized land management and community-based access policies. The study concludes that achieving equitable agrarian governance depends on the integration of legal reform, public participation, and policy transparency.
An Evaluation of the Definition of Agreement in the Indonesian Civil Code and Implications for Legal Certainty in Economic Interactions of Indonesia Syafiuddin, Afif; Alladuniah, Muhammad Ali
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3162

Abstract

Introduction: Article 1313 of the Indonesian Civil Code defines an agreement as an act by which one or more persons bind themselves to one or more other persons. This definition is often considered overly general and inadequate to reflect the complexities of modern society and economic dynamics.Purposes of the Research: This research evaluates the legal understanding of agreements in Article 1313 of the Civil Code and analyzes its implications for legal certainty in economic interactions of Indonesia.Methods of the Research: A normative juridical research method was employed, involving an analysis of legal literature, expert doctrines, and legal practices in Indonesia.Results Main Findings of the Research: Findings indicate that the definition of an agreement in Article 1313 of the Civil Code is no longer relevant and leads to legal uncertainty in economic transactions, which hinders business and investment certainty. A more concrete and adaptive reformulation of the agreement's definition is necessary to address this gap, with the hope of increasing legal certainty in economic interactions, as well as supporting economic stability and growth in Indonesia.
Prophetic Law in Modern Business: Integration of Humanization, Liberation, and Transcendence in Commercial Contracts Disantara, Fradhana Putra; Ishwara, Ade Sathya Sanathana; Disantara, Geraldha Islami Putra; Abdunayimova, Dinara
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3364

Abstract

Introduction: Economic globalization has significantly influenced the practice of business law, particularly commercial contracts that are increasingly complex, cross-border in nature, and dominated by capitalist interests. Contracts, which ideally serve as instruments of justice, often function as tools of domination by stronger parties over weaker ones, thereby neglecting humanitarian, ethical, and spiritual dimensions.Purposes of the Research: The purpose of this research is to analyze how the principles of prophetic law can be integrated into modern commercial contract practices and to identify the challenges arising in the era of globalization.Methods of the Research: This study employs normative legal research with a conceptual approach, examining the principles of prophetic law and linking them to contemporary business law practices. The data were analyzed qualitatively through a review of legal literature, philosophical discourse, and modern commercial contract practices.Results Main Findings of the Research: The findings indicate that the principle of humanization plays a crucial role in restoring contracts to their human dignity by protecting weaker parties; the principle of liberation calls for the elimination of exploitative contractual practices; while the principle of transcendence stresses the necessity of embedding ethical and spiritual values in business. The challenges of integration include the dominance of global capitalism, rigid digital contract frameworks, and the weak moral awareness of business actors. The originality of this study lies in its systematic effort to connect prophetic law with modern commercial contract practices, thereby offering a new paradigm for global business law that is more just, humane, and sustainable.
Substantive Justice in Consumer Protection Law: A Comparative Study of Regulations in Indonesia and Russia Wibowo, Dwi Edi; Wibowo, Aurea Qonita; Begishev, Ildar
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3359

Abstract

Introduction: Consumer protection is a crucial aspect in maintaining the balance between business interests and the rights of consumers. Legal regulations must embody the principles of substantive justice, ensuring not only formal legal procedures but also tangible outcomes that directly benefit society. the application of substantive justice theory within consumer protection regulations in Indonesia and Russia, two countries with distinct legal systems and socio-political contexts.Purposes of the Research: The purpose of this study is to analyze the extent to which consumer protection regulations in Indonesia and Russia have implemented the principles of substantive justice, and to identify points of convergence as well as divergence between the two systems.Methods of the Research: This research employs a normative legal method with a comparative approach. Data are obtained through statutory analysis, examination of relevant provisions, and a review of scholarly literature on substantive justice. The research emphasizes how the respective legal frameworks address consumer rights, business obligations, and dispute resolution mechanisms.Results Main Findings of the Research: The findings reveal that Indonesia, through Law Number 8 of 1999 on Consumer Protection, primarily emphasizes the distribution of rights, obligations, and accessible dispute resolution mechanisms. Meanwhile, Russia, under the Law on Protection of Consumer Rights Number 2300-1 of 1992, places greater weight on comprehensive compensation, including moral damages. The originality of this research lies in its comparative analysis of the application of substantive justice theory between Indonesia and Russia, a juxtaposition rarely explored in consumer law scholarship. The study contributes to the academic discourse by demonstrating that the realization of substantive justice depends not only on statutory provisions but also on the effectiveness of legal enforcement and public legal awareness.
Justice and Ethics in Business Law: A Legal Philosophy Perspective Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; D. Tee-anastacio, Princess Alyssa
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3357

Abstract

Introduction: In the business world, law plays a crucial role as a guideline that maintains stability and justice. However, its implementation often benefits parties with significant influence, necessitating an approach that considers moral and ethical aspects to achieve true justice.Purposes of the Research:  Explore and analyze how the principles of justice and ethics rooted from the perspective of legal philosophy are applied in the practice of business lawMethods of the Research: This study employs a normative legal research method with a conceptual approach, examining legal norms, principles of distributive and commutative justice, and ethical responsibilities in business based on primary and secondary legal sources.Results Main Findings of the Research: The findings reveal that the principles of justice and ethics in legal philosophy are applied in business law practice by prioritizing distributive and commutative justice, as well as ethical responsibility toward society. Distributive justice seeks to ensure fair business competition and equal opportunities for business actors, while commutative justice guarantees equality of rights and obligations through fair contracts. However, significant challenges remain in implementing justice and business ethics in Indonesia, including weak oversight, the dominance of large corporations, and low awareness of social responsibility.

Page 10 of 10 | Total Record : 97

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