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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 97 Documents
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Transparansi Pengelolaan Badan Usaha Milik Desa Dalam Rangka Optimalisasi Kontribusi Pada Perekonomian Daerah Subhan Ashary Rezky Sanaky
Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i2.688

Abstract

In an optimal and good regional economy, management of BUMD is very important. One of the good management of BUMD is through the principle of transparency. This principle is very important. Management by using the Transparency Principle in the management of this BUMD must be carried out, so that the BUMD can achieve the objectives of the establishment of the BUMD. That is supporting the economy of a region and also contributing to the economy of the region. The method for this research is descriptive analytical with normative juridical research using primary, secondary and tertiary data through literature and document studies. The results showed that the importance of managing BUMD in transparency through the principle of transparency is also the best way that can be done by BUMD to be able to fight crime that occurs within BUMD itself, which is often still done by parties certain parties to benefit from the management of BUMD that does not use the principle of transparency. Transparency is also an important point in the management of BUMD to be able to realize the tangible manifestation of improved management of management and implementation of BUMD that is good and can also help in reducing opportunities for occurrence corruption, collusion and Nepotism that continue to occur in the management of BUMD.
Efektifitas Kebijakan Program Adiwiyata Dalam Mencetak Generasi Penerus Bangsa Peduli Lingkungan Di Indonesia Dinarjati Eka Puspitasari
Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i2.654

Abstract

Adiwiyata Program is a program implemented by the State Ministry of Environment and Forestry to create schools that care and have an environmental culture. This program aims to save and preserve the environment for the benefit of future generations, followed by schools from elementary to secondary levels. Adiwiyata program is expected to produce students who are young generations to care for the environment. This research aims to examine the need to promote adiwiyata program policies in creating the next generation who cares about the environment throughout Indonesia; the effectiveness of Adiwiyata program policies in creating the nation's next generation; the need for a role from the Government related to Adiwiyata program policies in creating the next generation of the nation who cares about the environment in Indonesia. This research is a normative legal research. The research materials are taken from literature study. Qualitative descriptive approach is employed to analyse the materials. This research generates some results: 1) Adiwiyata program policies in creating the nation's next generation who care about the environment need to be encouraged in schools throughout Indonesia, because it is positive for the development of the nation's next generation in an effort to preserve environmental functions, to create a good and healthy living environment; 2) Adiwiyata program policy has been running effectively, although it has not been optimal in creating the nation's next generation; 3) The role of the Government is needed in relation to the Adiwiyata program policy in creating the next generation who cares about the environment in Indonesia, to provide environmental awareness for citizens
Mediasi Sebagai Penyelesaian Sengketa Cerai Ronald Fadly Sopamena
Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i2.622

Abstract

Husband and wife are obliged to love each other, respect, be loyal and provide spiritual and physical assistance to each other. However, sometimes husbands and wives who live the ark of the household often experience complicated conflicts so that divorce is considered the best solution. The purpose of this study is to analyze the peace deed No. 7/Pdt.G/2020/PN Drh. The method for this research is descriptive analytical with normative juridical research using primary, secondary and tertiary data through literature and document studies. The results showed that the divorce lawsuit was processed at the Highlands District Court of Honipopu in West Seram Regency, Maluku Province. The divorce lawsuit finally ended with an agreement between the parties to end the divorce dispute which was resolved through mediation. The peace is stated in the Deed of Peace Number 7/Pdt.G/2020/PN Drh which applies as befits an agreement and has legal consequences if it is not obeyed.
Model Pengembangan Ekonomi Kreatif Bagi Usaha Mikro Kecil dan Menengah di Tengah Ancaman Resesi Ekonomi Berdasarkan Syirkah Mudharabah Dyah Ochtorina Susanti
Batulis Civil Law Review Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i1.719

Abstract

This research is motivated by the existence of a recession in Indonesia, where the recession affects and has an impact on economic activity, such as a decrease in investment, the level of production or commodities, an increase in unemployment, an increase in prices for goods in general (inflation), a reduction in subsidies and government funding, and a decrease purchasing power and public consumption, which of course also has an impact, especially on Micro, Small, and Medium Enterprises (MSME). In this regard, it is necessary to develop MSME in the midst of the threat of an economic recession, one of which is through business cooperation based on syirkah mudharabah. Research that uses the normative legal research with the statute approach, and conceptual approach, results in findings, namely the concept or model of creative economic development for MSME in the midst of an economic recession based on syirkah mudharabah. This model is expected to be used by business actors to develop MSME amid the Covid-19 pandemic.
Measuring Opportunities and Challenges in Dispute Resolution of Fintech Sharia Business Through LAPS Siti Nurhayati; Nurjamil Nurjamil; Muhammad Haris Fadhillah
Batulis Civil Law Review Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i1.929

Abstract

This research was conducted to outline the opportunities and challenges of resolving fintech business disputes through the Alternative Dispute Resolution Institute (LAPS) in Indonesia. The research method used in this research is a legal reasearch approach and qualitative approach that is to review primary and secondary data sources related to regulations on business dispute resolution in Indonesia. The results show that fintech plays a role in encouraging the economic development of the community, especially as an alternative to financing. LAPS serves as a solution to dispute resolution of business people in Indonesia this institution was chosen because it is more effective and efficient, the verdict is final and binding that is contrary to litigation lines that seem time-consuming and expensive costs. LAPS opportunities are very large for the rise of digital-based businesses and payments that still leave many legal problems while LAPS khsusus fintech is not yet available where LAPS provides services that are in line with digital business; the settlement is a win-win solution, which is in accordance with the character of the business world, which is obliged to manage risks, including reputational risk, operational risk and legal risk. While the challenges faced by LAPS in fintech include: Dualism alternative fintech dispute resolution can be through LAPS and can also through the Consumer Dispute Resolution Agency (BPSK); Limited Legal Infrastructure The number of fintech transactions that continue to increase in line with the potential for disputes that will occur; Availability of Mediators and Arbitrators of LAPS Financial Services Sector.
Comparative Analysis of Legal Policies Regarding Force Major During Covid-19 Pandemic in Indonesia and China Dolot Al Hasni Bakung; Mohamad Hidayat Muhtar; Nabih Amer
Batulis Civil Law Review Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i1.721

Abstract

Covid-19 as a pandemic in the 20th century has brought consequences in many aspects, one of which is the force major aspect. The force majeure policy in Indonesia is still incomplete, unlike China, which already has a more complete policy. The purpose of the research is to be able to find out about the Covid-19 policy in Indonesia and to compare the Indonesian and Chinese force major policy settings. The research method uses a normative research type with a statutory approach. The results of the study show that Indonesia's policy in dealing with covid 19 has problems in two policies, namely: the provision of information and the Lockdown policy. Meanwhile, the comparison problem with China is better by providing a mechanism with more legal certainty, namely providing access to the determination of force major against the Supreme Court, while Indonesia does not have a similar mechanism.
The Legal Status of Surrogate Mothers in Indonesia Dinarjati Eka Puspitasari
Batulis Civil Law Review Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i1.740

Abstract

The practice of surrogate mother is widely applied abroad, but in Indonesia there is a lot of opposition from the community. In Indonesia, this practice has not received a clear legal force. This is related to the clarity of the legal status of the child being born as well as the legal status of the rent of the womb of another person who has not been regulated. The purpose of this study is to determine the legal position of surrogate mother and its implementation based on ethics and religion in Indonesia. This study uses a normative juridical approach. The results of this study indicate that surogate mother in Indonesia is null and void because it is contrary to Article 1320 of the criminal code; in addition, from the side of criminal law is also contrary to Article 284 of the Criminal Code. Even surrogate mother declared not in accordance with the norms of decency in Indonesia.
Efektivitas Mediasi Sebagai Alternatif Penyelesaian Perkara Perceraian Di Pengadilan Agama Haeratun Haeratun; Fatahullah Fatahullah
Batulis Civil Law Review Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i1.930

Abstract

Mediation is an alternative form of dispute resolution that has grown and developed along with the growing human desire to resolve disputes quickly and also to satisfy the litigants. The purpose of the study was to determine and analyze the effectiveness of mediation as an alternative to divorce cases at the Mataram Religious Courts and the Praya Religious Courts NTB. The research method includes the type empirical/socio legal research, while the approach used is a socio legal approach. The results of this study are that the success rate of mediating divorce cases at the Mataram religious court and the Praya religious court is still very low because there are still many mediator judges in the religious court who have not been certified so that they do not have the skills to seek peace for the parties, in addition to inadequate facilities and infrastructure.
Efektivitas Sighat Taklik Talak Dalam Perkawinan Islam Di Indonesia K N Sofyan Hasan; Ahmaturrahman Ahmaturrahman; Sri Turatmiyah
Batulis Civil Law Review Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i1.1019

Abstract

The effectiveness of the Sighat Taklik Talak in Islamic marriage law in Indonesia, until now from the aspect of the implementation of this Sighat Taklik Talak pronunciation, after the Ijab Kabul is held in the marriage walimah, is always spoken by the husband who is heard by all the marriage aqdun assemblies. It was even signed by the bride and groom and the witnesses, so this Sighat Taklik Talak has legal consequences. However, in the implementation of taklik talak as the causes of divorce, it can be said that it is rarely used or even none at all who applies for divorce through the path or means of violating sighat taklik talak, and because there is no request from one of the parties to divorce, then the judge cannot use sighat taklik talak as the reason for the divorce because the judge is passive.
Dampak Pandemi Covid-19 Terhadap Peningkatan Dispensasi Kawin Nur Rofiq; Muhamad Ainun Najib; M Zidny Nafi’ Hasbi
Batulis Civil Law Review Vol 3, No 1 (2022): VOLUME 3 NOMOR 1, MEI 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i1.1018

Abstract

The impact of the COVID-19 pandemic in Indonesia has penetrated all aspects of people's lives, including the many cases of applying for a marriage dispensation. The purpose of this study was to find out the reasons for granting marriage dispensation to children under the age of 19 at the Magelang City Religious Court and how far the impact of the Covid-19 pandemic on the increase in marriage dispensations that occurred in Magelang City. The research method uses a normative juridical approach supported by field research. Then the object is examined using an analytical approach. The data collection techniques are interviews, observation, and documentation, as well as data analysis using qualitative descriptive. The results showed that the application for dispensation for marriage from before COVID-19 to the time of COVID-19 showed an extraordinary increase, reaching 300%. This can be seen from the data at the Magelang City Religious Court from 2017 to 2021. In 2017 the application and at the same time the marriage dispensation was granted by the Magelang City Religious Court as many as 7 cases, in 2018 there were 5 cases, in 2019 there were 6 cases, in 2018 there were 6 cases. 2020 from January to February there were 4 cases. Meanwhile, from March to December 2020, which was the beginning of the emergence of COVID-19, there were 22 cases and in 2021 there were 22 cases. However, the increase was not solely due to the opportunity behind the COVID-19 pandemic, but due to the enactment of the latest marriage law, namely Law Number 16 of 2019 which states that the minimum age for marriage is 19 years for both women and men. However, based on the old marriage law, namely Law No. 1 of 1974, there was no increase in the application for marriage dispensation but instead, it decreased.

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