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Yohanes Michael
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Batulis Civil Law Review
Published by Universitas Pattimura
ISSN : 27224465     EISSN : 27468151     DOI : https://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 110 Documents
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Civil Law Reform Toward Substantive Justice: A Comparative Study Between Indonesia and Spain Ohoiwutun, Martinus Guntur; Rahman, Ali; Pozo, Antonio Gutierrez
Batulis Civil Law Review Vol. 7 No. 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3697

Abstract

Introduction: Civil law reform increasingly grapples with a persistent dilemma: how to preserve doctrinal coherence while ensuring outcomes that realise substantive justice in concrete disputes. This article analyzes this tension by comparing contemporary legal trajectories in Indonesia and Spain, focusing on whether existing civil codes, procedural frameworks, and judicial reasoning can effectively align legal certainty with equitable results.Purposes of the Research: The purpose of this study is to examine the interaction between formal rigidity and material fairness within civil law systems. Specifically, it aims to compare the three analytical axes of good faith principles, equitable evidentiary and remedial design, and institutional mechanisms (like appellate oversight) in Indonesia and Spain to guide judicial discretion without eroding predictability.Methods of the Research: This research employs a normative–comparative approach. It focuses on studying the law 'in the books' and 'in action' by analyzing civil codes, procedural frameworks, judicial precedents (Supreme Court circulars in Indonesia, Constitutional and Supreme Court interpretations in Spain), and scholarly debates, particularly in consumer and contractual disputes.Results / Main Findings / Novelty/Originality of the Research: The findings reveal both jurisdictions confront parallel challenges: formal rigidity, unequal procedural access, and gaps between normative ideals and lived justice. This study proposes a progressive framework that combines procedural refinement, principled judicial discretion, and responsive legislative adjustment, illustrating how civil law systems can evolve towards judgments that are both predictable and experienced as substantively just.
Political Parties and Trading in Influence: A Comparative Study from a Civil Law Perspective in Indonesia and Sri Lanka Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah, Milda
Batulis Civil Law Review Vol. 7 No. 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3678

Abstract

Introduction: The phenomenon of trading in influence is a form of political corruption that is difficult to identify because it operates within the realm of power relations that do not always take the form of direct bribery. Political parties in the context of modern democracies often act as mediators between public and economic interests, making them potentially key actors in the practice of trading in influence.Purposes of the Research: This study aims to analyze the involvement of political parties in the practice of trading in influence and compare the effectiveness of regulations and law enforcement in Indonesia and Sri Lanka. Furthermore, this study examines the extent to which the civil legal systems in both countries are able to close legal loopholes that allow for covert political corruption.Methods of the Research: This research uses a normative legal method with a comparative approach, examining legislation, jurisprudence, and international documents related to political corruption. Secondary data was obtained through a study of academic literature, reports from anti-corruption agencies, and a comparative analysis of the implementation of the United Nations Convention Against Corruption (UNCAC) in both jurisdictions, namely Indonesia and Sri Lanka.Results / Main Findings / Novelty/Originality of the Research: The results show that Indonesia and Sri Lanka face similar challenges in enforcing laws against influence peddling due to weak regulations explicitly addressing the practice. However, Indonesia has shown progress in adopting the principles of the United Nations Convention Against Corruption (UNCAC), while Sri Lanka remains limited to an administrative approach without strong criminal sanctions.
Ambiguity in Supreme Court Decisions on Ambon's Customary Land: The 1814 Dati Register and the Challenge of Evidentiary Systems Saija, Ronald; Pariela, Marselo Valentino Geovani; Demmatacco, Triska; Labetubun, Muchtar Anshary Hamid
Batulis Civil Law Review Vol. 7 No. 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3469

Abstract

Introduction: Ownership of recognized land in Ambon, particularly in the Dati (locally recognized land), is granted by the state to individuals who have rendered services to the state and possess strong legal rights that can be passed on to the rights holder's descendants. Generally, land in the Ambon region is customary land (tanah dati) subject to and controlled by the right of ownership (beschikkingsrecht) of the village or village concerned.Purposes of the Research: To examine the factors that led to the Supreme Court of the Republic of Indonesia's decisions being enforced using outdated evidence and how to influence the reconstruction of ambiguity regarding the justice of Supreme Court decisions enforced based on the 1814 Dati Register, which contains a failed evidentiary system.Methods of the Research: Sociolegal research, a combination of doctrinal and empirical legal research methods.Results Main Findings of the Research: The weaknesses of Supreme Court decisions enforced using outdated evidence are: The 1814 Dati Register was not intended as proof of land ownership under modern law, but rather as an administrative tool for colonial tax purposes; The 1814 Dati Register Letter is old, incomplete and often does not correspond to the actual conditions of existing customary land, thus causing uncertainty and disputes; the existence of differences in interpretation of customary law and national law in courts causes the decisions of the Supreme Court of the Republic of Indonesia often do not reflect substantive justice for indigenous peoples; and this failure has implications for obstacles to customary land registration at the National Land Agency and the potential for prolonged conflict between indigenous peoples and other parties, and the abolition of the dati institution as outlined in the decision on June 1, 1923, contains the meaning of changes in the customary land ownership system in Ambon, especially the change from the concept of dati-doesoen (land dati) to poesaka-doesoen. make it in academic English.
Makasusue as an Instrument of Customary Legitimacy: A Study on the Practice of Child Acknowledgment in the Soa Matoke Community Sahetapy, Agustinus Jonas; Niapele, Sarifah
Batulis Civil Law Review Vol. 7 No. 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3327

Abstract

Introduction: The issue of recognizing children born outside formal marital bonds remains a critical concern within indigenous communities, particularly when traditional values clash with the provisions of the state's positive legal system. In this context, the Soa Matoke indigenous community has developed its own mechanism known as makasusue, which serves as a means of resolution and social legitimization.Purposes of the Research: This study aims to examine and analyze the practice of makasusue as a customary instrument of legitimacy in the process of child recognition within the Soa Matoke community. The makasusue tradition holds a significant position in the social structure of the community, as it forms the basis for recognizing the identity and status of children born outside of formal marriage. This research seeks to explore how the makasusue mechanism is implemented, the customary values that underpin it, and its relevance to the principles of national law regarding child recognition.Methods of the Research: The research employs a qualitative approach. Data were collected through in-depth interviews with traditional leaders, soa heads, parents involved in the makasusue ritual, and other relevant parties, as well as participatory observation of makasusue practices in the field. The data are also supported by a review of customary documents and relevant regulations.Results Main Findings of the Research: The findings indicate that makasusue functions not only as a means of social reconciliation but also as a customary legal mechanism that provides social recognition and kinship rights to the child. This tradition represents a concrete manifestation of living law within indigenous society, although it continues to face challenges in its harmonization with Indonesia's positive legal system.
Establishment of Regional Regulations on Corporate Social Responsibility as an Instrument of Corporate Responsibility for the Protection of Indigenous Peoples Haliwela, Nancy Silvana; Lakburlawal, Mahrita Aprilya
Batulis Civil Law Review Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i2.3468

Abstract

Introduction: This study examines the weak local government supervision of the implementation of Corporate Social and Environmental Responsibility (CSR) by oil and gas mining companies in Eastern Seram Regency, as well as its impact on the indigenous people of the Bati Tribe. The absence of a legal basis in the form of a Regional Regulation on Corporate Social Responsibility (CSR) is the root of the problem that causes suboptimal supervision, indifference to the rights of indigenous peoples, and triggers conflicts related to territories and natural resources. Purposes of the Research: Identify the factors that cause the failure of local government supervision of the implementation of CSR and analyze the urgency of the establishment of a CSR Regional Regulation in order to realize corporate responsibility effectively and fairly for the indigenous peoples of the Bati Tribe. Methods of the Research: The research method used is empirical-juridical with a legal sociological approach and case studies in Eastern Seram Regency. Primary data was obtained through in-depth interviews with indigenous peoples, local governments, and company representatives, as well as field observations. Data analysis was carried out in a thematic qualitative manner to illustrate the relationship between regional policies and CSR practices in the field. Results Main Findings of the Research: The results of the study show that the absence of Regional Regulations on CSR is a crucial factor that paralyzes the supervisory function of local governments. This results in the neglect of indigenous peoples' rights, the lack of CSR contributions that are appropriate, and the increased potential for conflict. This research contributes originality through an in-depth analysis of the case of the Bati indigenous people and the specific identification of the factors of supervisory failure in the region. These findings confirm that the establishment of CSR Regional Regulations is urgent to strengthen the legal basis of supervision, protect the rights of indigenous peoples, and ensure the sustainability of natural resource management.
Legal Consequences of Land Rights Conversion and Recognition of Customary Rights in Land Registration Kuahaty, Sarah Selfina; Berlianty, Teng; Dyastuti, Risqi Mumpuni; Sinaga, Roulinta Yesvery
Batulis Civil Law Review Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i2.3478

Abstract

Introduction: This article analyzes the legal consequences of land conversion and the registration of customary land in Indonesia, as stipulated by Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units and Land Registration. Many communities maintain traditional understandings of land ownership, which often differ from formal legal recognition. Purposes of the Research: This research aims to determine the legal ramifications of failing to register land rights, particularly conversion rights and customary lands, within the prescribed timeframe. Methods of the Research: This research was conducted using a normative juridical method. The approaches used are the legislative approach and the conceptual approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The legal processing technique used is to process legal materials by systematizing and the analysis of legal materials is qualitative in nature by interpreting legal materials and providing conclusions using deductive methods from real problems on legal issues. Results Main Findings of the Research: The findings indicate that delayed registration under Government Regulation Number 18/2021 renders old proof of ownership invalid, potentially leading to the land becoming state land. This has significant implications for legal certainty, formal recognition of ownership, protection against rights loss, and administrative consequences for individuals and communities. The research highlights the critical importance of timely registration to secure land rights and emphasizes the need for policies that protect indigenous communities and facilitate access to the registration process.
The Role of the Court in Providing Legal Certainty for the Return of the Name of the Land Certificate When the Seller Is Unknown Zaini, Zulfi Diane; Harliansyah, Ari
Batulis Civil Law Review Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i2.3734

Abstract

Introduction: This study analyzes the juridical aspects of the renaming of land title certificates when the seller's whereabouts are unknown, referring to Decision Number 8/Pdt.G/2024/PN.Gdt. The practice of buying and selling land that is not immediately registered causes a mismatch between physical control and juridical data, hampering the process of changing the name. Purposes of the Research: This research aims to identify the factors that cause these obstacles as well as the basis for the judge's consideration in validating the land sale and purchase certificate. Methods of the Research: Using normative and empirical juridical methods with qualitatively analyzed secondary data and interviews. Results Main Findings of the Research: It was found that the main causes included delays in the registration of transfer of rights, long physical possession of land, the absence of sellers, and limited administrative authority of the National Land Agency. The judge certified the sale and purchase certificate based on the fulfillment of the legal conditions of the agreement, strong evidence, the good faith of the plaintiff, and for the sake of legal certainty and order of land administration.
Legal Certainty of Consumer Dispute Resolution Agency Decisions That Exceed the Dispute Resolution Deadline Faizah, Syarifah; Marina, Liza; Sunarsi, Dessy
Batulis Civil Law Review Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i2.3779

Abstract

Introduction: The Consumer Dispute Resolution Agency is mandated under Law Number 8 of 1999 Concerning Consumer Protection to resolve consumer disputes within 21 working days as stipulated in Article 55. However, in practice, several Consumer Dispute Resolution Agency decisions exceed this statutory time limit, raising questions regarding legal certainty and the validity of such decisions. This issue reflects normative inconsistencies and practical obstacles in the implementation of consumer dispute resolution mechanisms in Indonesia. Purposes of the Research: This study aims to analyze the legal certainty of Consumer Dispute Resolution Agency decisions rendered beyond the 21-working-day time limit under Article 55 of the Consumer Protection Act and to identify the obstacles causing such delays, along with the proposed solutions. Methods of the Research: This research employs a normative-empirical juridical method with a descriptive-analytical approach. Data were collected through library research and field research, including interviews with members of Consumer Dispute Resolution Agency in Bogor City and Bogor Regency. Results Main Findings of the Research: The findings indicate that Consumer Dispute Resolution Agency decisions issued beyond the statutory time limit lack legal certainty and may be considered legally flawed or null and void due to non-compliance with Article 55 of the Consumer Protection Act. The obstacles contributing to delays stem from internal factors, such as limited human resources with legal backgrounds and the absence of a specific procedural law, as well as external factors, including the non-attendance of disputing parties and difficulties in reaching agreements. The study recommends revising the Consumer Protection Act to strengthen BPSK’s institutional authority, standardize procedural regulations (including verification and validation mechanisms), and improve the quality and accountability of its human resources.
Legal Challenges and Consumer Protection Solutions in Online Insurance Purchases Sihite, Sri Rumada; Hetharie, Yosia; Labetubun, Muchtar Anshary Hamid
Batulis Civil Law Review Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i2.3854

Abstract

Introduction: The ease of access and efficiency offered, as well as the digital system, bring legal consequences that need to be studied in depth, specifically regarding the validity of the agreement, consumer protection, and the responsibilities of the parties. Purposes of the Research: This study aims to analyze the legal aspects of purchasing insurance in online transactions and the protection of online insurance buyers. Methods of the Research: This study uses a normative legal research method with a comparative approach. Research data is sourced from secondary materials, including documents on insurance purchases, Law Number 40 of 2014 concerning Insurance, the Civil Code, and relevant laws and regulations, legal literature, and scientific publications. Results Main Findings of the Research: The results of this study are online transaction purchases where the agreement is realized through a click – wrap agreement mechanism. Legally, this form of electronic agreement is recognized in the Electronic Information and Transactions Law, which states that electronic documents and signatures have valid legal force as long as they meet the specified requirements.
Legal Implications of Unilateral Collateral Takeover by Village Credit Institutions on Debtors' Legal Protection Parisnawati, Dewa Ayu M; Novitri, Egriel Cinta; Wijaya, Mahatma Mustika Purwa
Batulis Civil Law Review Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i2.3891

Abstract

Introduction: Village Credit Institutions are community-based financial institutions with unique legal status in Bali, operating outside the jurisdiction of microfinance institutions. Village Credit Institutions when disbursing loans, often face bad loans, which are usually handled through the Blocking Mechanism (Taken Over Collateral). However, Taken Over Collateral is often carried out by the Village Credit Institution itself without the debtor's voluntary consent, which raises serious questions about the validity of the procedure and legal protection for the debtor. Purposes of the Research: This study discusses legal protection for debtors when Taken Over Collateral is applied unilaterally, judging from the principle of good faith, and also examines the legal consequences of such practices on the debtor's legal position. Methods of the Research: This research uses a normative approach with a legislative review, concepts, and historical approaches through the examination of primary, secondary, and tertiary legal materials. Results Main Findings of the Research: The results show that the Collateral Taken Over unilaterally is a violation of the principle of good faith because it was carried out without a valid voluntary surrender deed. The legal consequence is that the takeover has the potential to be null and void from the outset and can be canceled, as well as open up the possibility of lawsuits for unlawful acts. The debtor remains the legal owner of the guarantee until the execution is carried out procedurally and legally valid.

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