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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 92 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 (In Progress Issue)
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.

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