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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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Application of A Judge's Ruled In A Civil Dispute Fransiskus Kandunmas; Rieta Lieke Lontoh; Primus Aryesam
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.1082

Abstract

In 2005, the trial of land grant dispute was held between the Diocese of Amboina as the plaintiff against MR et al. as a defendant in the District Court Tual Southeast Moluccas. This trial was won by the Diocese of Amboina. The defendant then filed an appeal, Cassation and judicial review up to the level of the Supreme Court. Based on the Supreme Court decision no. 166/Pk / year 2010, the panel of judges ruled that the Diocese of Amboina as the legal owner of the land and sentenced the defendant to pay a fine and return the object of dispute without any conditions. Since the issuance of the decision until now, the Diocese of Amboina has not executed the land object, because the Diocese of Amboina has not submitted an application for execution to the District Court in accordance with the provisions of Article 196 HIR due to normative juridical considerations of the church; humanitarian reasons and the urgency of utilizing the object of dispute.. The purpose of this research is to understand the application of Supreme Court decision No. 166/Pk/Pdt / 2010 in dispute over land grant Diocese of Amboina. The author uses normative juridical methods and also through interviews to obtain information as a support in writing this thesis. The result of the research found that decision has permanent force and for the realization of justice and legal certainty for the parties, especially the Diocese of Amboina, the execution action must be carried out immediately in cooperation with the local district court.
Hambatan Penerapan Kebijakan Energi Terbarukan di Indonesia Sahid Yudhakusuma Kalpikajati; Sapto Hermawan
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.1012

Abstract

Indonesia is a country with a lot of undeniable wealth. Besides the wealth of social and culture, Indonesia also gifted with very abundant natural resources. Which also include those potential renewable energy sources which can be found in every corner of the country. With this kind of wealth, Indonesia should be able to have resilience, independence, and energy sovereignty that sufficient the needs of its people. Unfortunately, currently Indonesia still relies on non-renewable energy sources to support the development and economic activities of its people. By using the literature method through primary and secondary data sources, this study aims to identify any obstacles in implementing renewable energy policies in Indonesia. The results of this research is that there are two main obstacles on implementing renewable energy sources; both of them are juridical obstacle and social obstacle.
Efektivitas Penegakan Hukum Tambang Ilegal Novia Rahmawati A Paruki; Ahmad Ahmad
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.966

Abstract

Indonesia is a country rich in mines, such as gold, silver, petroleum, mines, etc. Mining must be carried out by the government or the private sector. Every mining company is required to obtain a permit as regulated in Government Regulation Number 4 of 2009 concerning Mineral Mining in conjunction with Government Regulation Number 23 of 2010 concerning the Implementation of Mineral Mining. In fact, not all companies have a license. There are so many companies operating illegally. One of them is gold mining without a permit (illegal) in Tonala Village, Gorontalo Regency. The specification of this research is descriptive analytic. The method used is the normative as the primary approach and the juridical empirical method as the secondary approach. The data sources are secondary and primary. Data collection techniques used field studies with interviews for primary data and literature studies for secondary data. Then, the data were analyzed qualitatively in the form of qualitative descriptive.
Peran Masyarakat Adat Dalam Mempertahankan Eksistensi Hukum Sasi Benjamin Carel Picauly; Jemmy Jefry Pietersz; Victor Juzuf Sedubun; Vica Jillyan Edsti Saija
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.1076

Abstract

The purpose of this research is to analyze and find out the function and role of Sasi Law in the management of the environment, natural resources and ecosystems in it by the people in Negeri Seith and Negeri Ouw, Central Maluku district, and regulations in Seith and Ouw countries in maintaining the existence of Sasi law. This research method is empirical law, which is a research based on field data by taking data according to the sample and conducting an assessment of positive legal provisions and legal principles. The results of the study show that the implementation of Sasi is currently experiencing degradation because it has not been carried out as the implementation of Sasi was originally, even though Sasi has been considered as part of customary law in each Negeri. The regulation of Sasi is not regulated in a Negeri Regulation so that it binds the community and people in each Negeri, as well as being a guide for the next generation to be maintained.
The Indissolubility Principle In Saumlaki District Court Decision Number 21 / Pdt.G/2014/PN.Sml Barzah Latupono; Theresia Nolda Agnes Narwadan; Ferdly Renaldy Lerebulan
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.1016

Abstract

Marriage within the Catholic church recognizes the indissolubility found in Canon 1141, which explains that Catholic marriages are consummatum, unbreakable marriages, cannot be cut off by any human power and for any reason, other than death. The Catholic church is the only religion that strongly rejects divorce and does not acknowledge the effectiveness of court rulings that dissolve the marriage of Catholic couples. This principle provides a consequence for married couples who are Catholic. Divorce is the only way when marital harmony is no more. The concept of divorce between religious teachings and the idea of national law differs especially from that of national law, for it provides an opportunity for a couple to divorce as long as there isa clear and valid reason for the congregation, while the Catholic faith says that only death can separate, since marriage is the sacrament and involves god in it. The kind of legal research conducted is normatif where the law is conceptually defined as what is written in the law law (law in books) and or the law is conceived as a code or custom by which human behavior is deemed feasible, the case approach (case approach) and the conceptual approach of approach (approach). Revered to this research we can see that the state approves divorce proceedings because the state merely wants to give its citizens legal certainty, since the state's job is to provide comfort and safety to its citizens. While this study sees the indissolubility principle harmonizes with the principle of difficulty divorce, however, it is still rarely found the application of the indissolubility principle in national law, since basically religious and state teachings cannot be harmonized.
Community Participation for Adaptation and Mitigation of Climate Change: Case study the implementation of Program Kampung Iklim (Proklim) Safrina Safrina; Nellyana Roesa; Rizanna Rosemary
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.945

Abstract

Community is the most vulnerable to climate change. Engaging community is an important factor for the effectiveness and efficiency of the climate change policy and Proklim is one of solutions to implement it. Proklim is regulated through the Minister of Environment and Forestry Regulation Number P.84/MENLHK-SETJEN / KIM.1 / 11/2006 concerning the Climate Village Program and the regulation of the Director General of Climate Change Control No. P.1/PPI/SET/KUM.1/2/2017 concerning Climate Change Guideline. This study aims to analyze the forms of community participation in Proklim. The method used is a qualitative method with a juridical-empirical approach. The study found that the implementation of Proklim uses a top down approach, where the program was born not based on community initiation but came from the government, the community only acted as program beneficiaries without being actively involved. Mitigation programs are generally developed than adaptation programs. In addition, it is important to create an engaging mechanism. The existence of community groups and community leaders and the availability of supporting tools are important factors in creating the sustainability of ProKlim. This program is expected to increase public understanding of climate change and its impacts, so that lifestyle changes can adapt to it.
Pemanfaatan Lahan Kawasan Hutan Lindung Oleh Masyarakat Hukum Adat, Masyarakat Lokal, dan Masyarakat Dari Luar Kawasan Sri Rahayu Muh.Saleh; Abrar Saleng; Kahar Lahae
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.832

Abstract

This study aims to find out and examine how the land use of protected forest areas by the community in East Luwu Regency is used. This study uses an empirical juridical method, using a qualitative approach, on all legal principles/rules of law, both material law and how these provisions are confronted in a fact/reality that occurs in the field. The results of this study indicate that the use of protected forest areas by the community in East Luwu Regency is divided between customary law communities, local communities, and people from outside the area. There is injustice for indigenous peoples in fulfilling the quality of their economy, because they do not yet have a designated area, the existence of their customary forest is disturbed by looting and illegal logging carried out by people outside the area. Meanwhile, local communities often receive warnings when using forests because the boundaries of the areas they can use are not clear. Communities outside the area who encroach on protected forests which are unlawful acts. Community conflicts outside the area, in this case corporations, also conflict with the interests of indigenous peoples and local communities because their interests or rights are disturbed between one another.
Legal Democratization of the Existence of Indigenous Peoples Noya, Ekberth Vallen
Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i1.1518

Abstract

This article describes the position of indigenous peoples who are starting to be marginalized due to the democratization process of existing laws. This article aims to show how far the process of legal democratization has progressed so that indigenous peoples are often marginalized while the law should uphold human rights. The research method used is the normative research method, and the research approaches used are the statute approach, the conceptual approach, and the analytical approach, so that they can help examine and find good research results. The democratic method begins with the freedom of the right to vote, which allows every citizen to participate in making political decisions. Each participant has equal rights in determining their own choices and also has the opportunity to be elected. The principle of a majority vote is essential to reaching decisions in the concept of democracy. "Democracy" contains three phenomena at once, namely political phenomena (power), ethical phenomena (moral teachings), and legal phenomena, which mutually form this theory with a theoretical basis that firmly rejects the authoritarian and totalitarian (political) order of power. It is based on this method that the rights and customs of indigenous peoples are increasingly marginalized.
Bank Credit Restructuring for Micro, Small and Medium Enterprises Due to the Covid-19 Pandemic Berlianty, Teng; Akyuwen, Rory Jeff; Tas’an, Darma Perdana
Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i1.1497

Abstract

The presence of the corona virus or coronavirus disease 2019 (Covid-19) has an impact on all aspects of human life, including in the fields of financial institutions and banking. The aim of this research is to examine the legal protection for debtors of Micro, Small and Medium Enterprises due to the Covid-19 pandemic in Ambon City, as well as the criteria for debtors of Micro, Small and Medium Enterprises who meet the credit restructuring requirements due to the Covid-19 pandemic. The method used in this study is a normative juridical method with a statutory approach and a conceptual approach. The legal materials studied consisted of primary legal materials, secondary legal materials, and tertiary legal materials through literature studies which were then analyzed qualitatively. Results of the Research, he implementation of credit agreements between banking institutions and debtors of Micro, Small and Medium Enterprises in Ambon City due to the Covid-19 pandemic is affected by the Covid-19 pandemic. Legal protection is carried out based on government policies through credit restructuring efforts for debtors who have difficulty fulfilling their obligations, which are carried out among others by reducing credit interest rates, extending credit terms, reducing loan interest arrears, reducing loan principal arrears, adding credit facilities. The criteria for debtors of Micro, Small and Medium business debtors who meet the requirements for credit restructuring due to the Covid-19 pandemic consist of 2 main criteria, namely the business of the debtor is indeed affected by the Covid-19 pandemic, and also the debtor's good faith in paying off credit installments.
Legal Consequences of Amendment And/Or Implementation of Homologation Outside Court Authorization Panjaitan, Wijaya Natalia; Nababan, Frandy Septior
Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i1.1468

Abstract

The composition of Homologation that has been approved is ratified and decided by the court. But the problem is when composition that have been agreed and have been validated are then changed for certain interests so that the contents are no longer the same that has been validated. The purpose of this study is to find out how the legal consequences of amendments and/or the implementation of homologation outside the court. This study case uses a normative juridical method by using a statutory, case approach, and conceptual approach. Homologation composition through Suspension of Obligation for Payment and Bankruptcy have been regulated, so when there is a change and/or implementation of a composition agreement passed by the court (Homologation) outside the court, it is invalid.

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