Batulis Civil Law Review
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.
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92 Documents
<![CDATA[Kajian Kritis Terhadap Dualisme Pengadilan Elektronik (E-Court) dan Konvensional ]]>
<![CDATA[Khotib Iqbal Hidayat]]>;
<![CDATA[Aris Priyadi]]>;
<![CDATA[Elly Kristiani Purwendah]]>
<![CDATA[ Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v1i1.421
<![CDATA[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).]]>
<![CDATA[Administrasi Perkara Perdata Secara E-Court di Indonesia ]]>
<![CDATA[Hisam Ahyani]]>;
<![CDATA[Muhamad Ghofir Makturidi]]>;
<![CDATA[Muharir Muharir]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.521
<![CDATA[The purpose of this research is to multiply the innovation related to civil case administration carried out by E-court by the Religious Court of the City of Banjar and the suitability of case administration based on Regulation No.1 of 2019. This research method is included in the category of field research, with a research approach. qualitative, with data collection techniques carried out through observation, interviews, and documentation. Meanwhile, the data analysis technique is done by analyzing the data inductively. The results show that 1) Civil case administration innovation in PA Banjar City in implementing simple, fast and low cost court principles is by implementing E-court, while still monitoring to avoid extortion and brokering perpetrators who charge fees outside the provisions that apply to people who are looking for justice. 2) The suitability of electronic civil case administration carried out in PA Banjar City refers to Perma No. 1 of 2019 can be said to be appropriate, which is evidenced by the existence of communication and socialization to employees, and ecourt services in PA Banjar City are adjusted to SOP which applies to the Banjar City Religious Court. The down payment fee of the case is adjusted to the radius of each area (plaintiff and defendant). 3) Constraints in using E-court in PA Banjar include Server Errors, Human Resources, excessive time saving, unable to explore the information that must be conveyed by both the plaintiff, defendant, and witnesses due to the limited time available the judge.]]>
<![CDATA[Problematika Akad Nikah Via Daring dan Penyelenggaraan Walimah Selama Masa Pandemi Covid-19 ]]>
<![CDATA[Mahardika Putera Emas]]>
<![CDATA[ Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v1i1.387
<![CDATA[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.]]>
<![CDATA[Penerapan Hukum dalam Pemutusan Hubungan Kerja dan Kebijakan Bank Terhadap Debitur yang Terdampak Pandemi Covid-19 ]]>
<![CDATA[Taun Taun]]>;
<![CDATA[Ananda Nugraha]]>
<![CDATA[ Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v1i1.422
<![CDATA[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.]]>
<![CDATA[Perlindungan Hukum Bagi Perusahaan Debitur Pailit dalam Menghadapi Pandemi Covid 19 ]]>
<![CDATA[Ronald Saija]]>;
<![CDATA[Kadek Agus Sudiarawan]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.474
<![CDATA[The emergence of the Covid-19 pandemic on global economic development has an impact not only on the world economy and investment, but also correlates with aspects of legal development, especially business economy law. One of the areas of business economy law that has also undergone changes in an effort to accommodate the development of modern business transaction practices is bankruptcy law. The purpose of this research is to examine the preventive efforts made by Debtors at Bankrupt Companies to reduce bankruptcy caused by Covid-19 and solutions to protect debtors in companies experiencing bankruptcy. The research method used is juridical normative, primary and secondary legal materials with a statutory approach and a conceptual approach. The results showed that the regulations regarding bankruptcy law in various countries, including Indonesia, tended to change. For example in Europe, in the last few decades European countries have argued that the existing insolvency legal framework has not been able to provide a better economic legal scheme compared to liquidation schemes, so that changes in the substance of bankruptcy have occurred in almost all aspects of the country including the Union. Europe, the American continent, the Asian continent, the African continent, and the Australian continent.]]>
<![CDATA[Kekuatan Hukum MoU Dari Segi Hukum Perjanjian ]]>
<![CDATA[Ronald Fadly Sopamena]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.451
<![CDATA[Prior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in this negotiation that the bargaining process takes place. The next stage is the making of a memorandum of understanding, which in this writing is abbreviated as MoU. This study aims to examine whether the MoU can be used as a preliminary agreement as well as the legal strength of the MoU in terms of contract law. This research methodology uses normative legal tracing, primary and secondary legal materials with a statutory approach and a conceptual approach. Based on the research results, in a business contract, the negotiations carried out by the parties are outlined in the MoU as the initial agreement. If in the preliminary agreement stage there is a cancellation unilaterally, then as a legal consequence, the party making the cancellation must be responsible for the losses incurred. This form of responsibility is in the form of refunding costs incurred during negotiations and compensation for lost opportunities to enter into contracts with third parties.]]>
<![CDATA[Penetapan Harga Dan Penguasaan Pasar Oleh Transportasi Online Dalam Perspektif Hukum Persaingan Usaha ]]>
<![CDATA[Aprilia Stefany Leliak]]>;
<![CDATA[Gusti Ferdiany Sriwardan]]>;
<![CDATA[Savina Ayu Maharani]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i2.738
<![CDATA[Starting in 2014, the online transportation appeared, the vehicles used by this transportation are also different from other conventional transportation. People who are accustomed to using conventional transportation can switch their interests due to cheaper fares and a more practical ordering system, namely through online applications. The chaos of online transportation stems from accusations that its presence is considered illegal because it does not meet the implementation of public transportation. The most basic thing is that initially online transportation did not have an Indonesian legal entity, did not have a public transportation business, and there was no obligation to conduct a due diligence (KIR). As a result, online transportation does not pay taxes, so online taxis are able to offer cheaper fares. Thus, it is necessary to study further regarding the rules regarding the determination of online transportation fares in Indonesia. Then there is a further study regarding indications of unfair business competition with online transportation fares. As a result, online transportation does not pay taxes, so online taxis are able to offer cheaper fares.]]>
<![CDATA[Hak Kepemilikan Perumahan Di Atas Bangunan Gedung Komersil ]]>
<![CDATA[Cut Hardiyanti Pangerang]]>;
<![CDATA[Sri Susyanti Nur]]>;
<![CDATA[Muhammad Ilham Arisaputra]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i2.737
<![CDATA[This research aims to find the regulation regarding to the spatial utilization above a commercial building for housing and to examine ownership rights for housing built on top of the building. This research is an empirical legal research with research locations in DKI Jakarta, precisely at the Cosmo Park and The Villas. The research location was considered in DKI Jakarta because the existence of housing above commercial buildings in Indonesia was only in DKI Jakarta. The speakers in this research were the Head of Planning and Utilization of City Spaces at the department of copyright works, spatial planning, and land in DKI Jakarta province (DCKTRP), Building Supervision Staff at the DCKTRP DKI Jakarta province and the Directorate General of Spatial Planning at the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency. The results of this research indicate that the current regulation regarding the spatial utilization above commercial buildings for housing refers to the local RTRW and RDTR whose spatial utilization allocations must be in accordance with the stipulated permits. Permits are granted in the form of location permits, space utilization permits and building construction permits in accordance with applicable local scale regulations. For the Cosmo Park and The Villas housing in DKI Jakarta, there is a mismatch between the initial IMB and the current use of the building. So the important thing that must be considered in the future construction of housing on commercial buildings is that the presentation of the IMB must be in accordance with the current construction realization. Ownership rights for housing built on top of the building, namely the property rights for flat units (strata title). Strata title refers to individual ownership of a proportionally part of a building either horizontally or vertically.]]>
<![CDATA[Mekanisme Pemberian Izin Mendirikan Bangunan Bagi Pembangunan Perumahan ]]>
<![CDATA[Zegovia Parera]]>;
<![CDATA[Abrar Saleng]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i2.736
<![CDATA[This study aims to identify and analyze statutory regulations related to building permits for the implementation of the conversion of protected areas into residential buildings and to analyze the control of spatial use of housing development in Merauke District. This research is an empirical legal research. This research was conducted at the Legal Division of the Merauke Regency Regional Secretariat, the Spatial Planning Section of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of Merauke Regency, the Public Works and Spatial Planning Office of Merauke Regency, developers, and residential communities. The results of this study indicate that the laws and regulations related to building permits on the implementation of housing development are an obligatory affair of the regency / city government, in this case the management of buildings, which includes setting up building permits (IMB) and certificates of eligibility for building functions (SLF). new. As well as the implementation of the function change of protected areas in Samkai Village is not in accordance with the current spatial direction. For this reason, the local government of Merauke Regency is within its authority to regulate and balance the arrangement of buildings in conservation areas and water catchment areas so that the community has permits to build buildings according to the regulations. And Controlling Spatial Use of Housing Development in Protected Areas Local governments still face various obstacles / obstacles, namely not having a regional regulation on a strategic plan (renstra) for protected areas so that the government has not been able to provide certainty to the public regarding the activity plan and financing of the housing location. Supervision and control are still passive in nature because they are only based on complaints and are not carried out regularly. Most of the land in the protected area belongs to the private sector and the community, so that control is limited to an appeal.]]>
<![CDATA[Pelaksanaan Eksekusi Benda Bergerak Yang Tidak Dibebani Jaminan Fidusia Di Perkoperasian ]]>
<![CDATA[I Made Arjaya]]>;
<![CDATA[Nyoman Putra Suhambara]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i2.689
<![CDATA[Guarantee execution is one of the ways when the debtor is negligent in carrying out his obligations which are carried out in accordance with applicable legal procedures. Furthermore, two basic problems are formulated to be studied, namely: 1). How is the execution of movable objects that are not burdened with Fiduciary Guarantees? And 2). What legal efforts can be made by the creditor if the execution of movable objects that are not burdened? this section also describes the purpose and benefits of writing and the originality of research as the work of the real writer. This study uses an empirical juridical approach, data obtained through library research and direct research in the field. Based on the results of the study, it can be concluded that. Judging from the law enforcement theory, the execution of collateral objects with fiduciary guarantees at the Cooperative, namely when the debtor is declared default, the cooperative will seize the object of collateral, takeover or disbursement of collateral objects under the hand, and auction the guarantee object based on the Selling Power. And the creditor's legal efforts according to the theory of legal protection cannot be implemented, namely the cooperative as the creditor will take a non-litigation path such as negotiation and mediation. And if the non-litigation path does not produce results, the cooperative will take a litigation route, namely to file a lawsuit to the court on the basis of a default made by the debtor.]]>
