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.
Articles
97 Documents
<![CDATA[Halal and Safe Food In Islamic Law ]]>
<![CDATA[Tahir, Palmawati]]>;
<![CDATA[Muslih, Muhamad]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i1.1310
<![CDATA[The purpose of this research is to analyze and provide information to the public and to lawmakers that food is a primary need for every human being in terms of the halalness and safety of its products, it is a mandatory requirement for every consumer, especially Muslim consumers. Halal Food in Islamic Law explains about Halal Food or halal food in terms of aspects of Indonesian jurisprudence and Islamic law in Indonesia. Indonesia, which is a country with a predominantly Muslim population and is known for its very religious society, of course pays great attention to Islamic aspects in consuming food, namely halal food, both local production and imports from neighboring countries. The perspective of the basics of Islamic Law and Indonesian Law, especially regarding certification and labeling in the international trading system must receive strict attention in order to provide protection for Muslim consumers around the world, as well as a strategy to face the challenges of globalization. Lawmakers in Indonesia have made regulations related to this, namely Law Number 33 of 2014 concerning Guarantees for Halal Products (UUJPH). The method used in this study is using normative juridical methods by collecting data or information through library research, namely research conducted through literature studies via the internet and so on which are appropriate or have relevance to the problem being discussed. The results of this study state that the issue of halal and haram is very important and very urgent to be considered by all parties. The production chain from business actors to consumers is a concrete manifestation that must receive consumer protection by the state.]]>
<![CDATA[Hukum Perlindungan Konsumen: Jajanan Tidak Layak Konsumsi Masih Beredar ]]>
<![CDATA[Putra, Fitra]]>;
<![CDATA[Yama'asura, Irvin]]>;
<![CDATA[Sofyan, Romiz]]>;
<![CDATA[Arya, Ferdi]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i1.1273
<![CDATA[The suitability of food for consumers is very important, if you are not careful in choosing food or snacks it can be harmful to your health. There are still many unhealthy snacks circulating in Tulungagung, so people must be more careful in choosing healthy foods to consume. In this case, we make this journal so that consumers can understand and understand the selection of food that is suitable for consumption and it is hoped that consumers will know how dangerous food is that is not suitable if it enters our body. This research was made using qualitative methods. Collecting data using interview and observation techniques. The results of the study are that the majority of food products are considered unfit for consumption because the can packaging is damaged or dented. packaged snacks that have expired but are still displayed by traders/entrepreneurs. Snack products whose trademarks have been engineered by traders. The sales mode that transfers trademarks is carried out by entrepreneurs or traders by buying snack products in large packaging volumes and then repackaging them in smaller volumes at affordable prices.]]>
<![CDATA[Digitizing Land Certificates to Anticipate the Mafia and Realize Legal Certainty ]]>
<![CDATA[Subekti, Rahayu]]>;
<![CDATA[Putranto, Muqtadir Ghani]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i1.1156
<![CDATA[Indonesia's growth toward the digital era can no longer be applied to achieve modernization in the land sector, starting with the application of electronic-based land services, particularly the digitization of land certificates. By implementing electronic-based land services, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency's Regulation No. 1 of 2021 concerning Electronic Certificates seeks to modernize land registration to enhance measures of the community's access to public services and ease of doing business. The issue with this research is the factors that prevent establishing a program for digital certificate holders to preserve their legal and land rights. Technically speaking, electronic certificates are more secure than analog (manual) ones when it comes to security. This added value will benefit holders of electronic land certificates by reducing the likelihood of certificate fraud, preventing illegal land transactions like those carried out by land mafias, and making it easier to transact with land parcels.]]>
<![CDATA[Islamic Law in Indonesia (History and Prospects) ]]>
<![CDATA[Wahyuni, Sri]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i1.1146
<![CDATA[This article discusses about Islamic Law in Indonesia in history perspective. This article analyses the problem and prospect of Islamic law in Indonesia as epistemologically discourse. This article asays that the Islamic law of Indonesia has developed since Dutch East Indies Period. It mixed in the customary law of Indonesian muslim people. Indonesia in the post colonial period, which uses Eropha Contnental Legal System makes a legislation to establish the national law. Therefore, Islamic law may become the national law if it’s drafted as a bill to be enacted, such as marriage law (act of 1, 1974 on marriage), law No. 10 of 1998 on the amendment of Law No. 7 of 1992 on Banking, the law no. 35, 1999 on Zakat Management, the law no. 17, 1999 on hajj, and the law no. 3, 2006 on the Amandment of the law no. 7, 1989 on eligion Court.]]>
<![CDATA[Metaverse Land Purchasing in Agreement Legal Perspective ]]>
<![CDATA[Sopamena, Ronald Fadly]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 1 (2023): VOLUME 4 ISSUE 1, MAY 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i1.1080
<![CDATA[In Indonesia, the term metaverse is widely discussed when many people buy metaverse land. On the Nextearth.io site, a number of virtual lands on a digital map of the location of a number of important areas or assets in Jogjakarta have also been sold for the value of crypto currency. This is a little different because the land purchased is not land in the real world but land that only exists in the virtual world. the research objective is the mechanism and validity of land sale and purchase agreements in the metaverse. This research is normative legal research using a normative juridical method using a law approach as a source of law and supporting literature. Purchase of land in Metaverse can be done by accessing the website which is a platform used for virtual property transactions. If reviewing the agreement on the purchase of metaverse land, the sale and purchase agreement is valid because it fulfills the legal requirements of the agreement.]]>
<![CDATA[Optimizing the Improvement of Judge Competence in Settlements of Sharia Economic Disputes in Religious Courts ]]>
<![CDATA[Adelia, Deby]]>;
<![CDATA[Yumarni, Ani]]>;
<![CDATA[Suprijatna, Dadang]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i2.1718
<![CDATA[Introduction: This is motivated by the increasingly widespread sharia economic disputes being handled by the Religious Courts, so that an institution is needed that can create the character of judges that are in accordance with the expectations of society. The institution is the Research and Development Agency for Legal and Judicial Education and Training of the Supreme Court of the Republic of Indonesia (Balitbang Diklat Kumdil MA-RI).Purposes of the Research: This paper describes the legal symptoms or legal facts related to the ability of religious court judges to decide cases related to sharia economics and studies the education and training curriculum for judges within the scope of the Supreme Court of the Republic of Indonesia No. 4 of 2019 concerning Procedures for Simple Claims and Supreme Court Regulation No. 14 of 2016 concerning Procedures for Settlement of Sharia Economic DisputesMethods of the Research: This paper uses a normative juridical approach.Results of the Research: Implementation of the curriculum at the Ministry of Education and Training Research and Development of the Supreme Court ‘Kumdil’ aims to improve the ability to organize training. The capacity building referred to is one of the certifications of sharia economic judges which is aimed at forming the quality of judges' resources in the technical field of justice who are professional, have integrity and are independent in resolving sharia economic disputes.]]>
<![CDATA[Sanctions For Non-Performing Corporate Social Responsibility ]]>
<![CDATA[Jaya, Febri]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>;
<![CDATA[Rusdiana, Shelvi]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i2.1751
<![CDATA[Introduction: Companies are legal materials that have a role in national development. Its role can be realized by carrying out corporate social and environmental responsibilities as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. However, many companies neglect this responsibility.Purposes of the Research: The purpose of this study is to analyze the sanctions related to companies that do not carry out these responsibilities.Methods of the Research: The method in this research is normative juridical. In this study also used literature study. In terms of reviewing this research, a judical basis was used which consisted of Law Number 40 of 2007 and Government Regulation Number 47 of 2012.Results of the Research: Based on the results of the research, it was found that the laws and regulations governing corporate social and environmental responsibility have a legal vacuum, namely that there are no clear sanctions for companies that do not carry out these responsibilities. The urgency of regulation is sanctions because by not regulating sanctions, there is an ambiguity of norms that will lead to legislative law.]]>
<![CDATA[Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania ]]>
<![CDATA[Mwita, Kelvin M]]>;
<![CDATA[Lameck, Matilda]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i2.1667
<![CDATA[Introduction: The right to fair hearing is one of the principles of natural justice that is constitutionally provided for in Tanzania. Number of principal and subsidiary legislations have been enacted to promote the right to fair hearing in employment proceedings. Despite the legal protection, disciplinary proceedings related to misconduct have been persistently decided without affording the accused the right to a fair hearing.Purposes of the Research: The study aimed at examining the gap that exists between the law protecting the right to fair hearing and the actual practice in organisations.Methods of the Research: The study made use of library and field research. Data was collected by using documentary review to collect data from legal documents and published material. Semi-structured interviews were used to collect data from 14 respondents obtained from one of local government authorities in Tanzania.Results of the Research: The study found that existing law have established standards that are capable of promoting the right to fair hearing in disciplinary proceedings. Further, the study observed that there is a gap between law and practice when it comes to promoting the right to fair hearing in disciplinary proceedings related to misconduct. The gap has to do with failure to adequately comply with procedural fairness during hearing. As per the reviewed literature this is the first study to examine the gap between law and practice relating the right to fair hearing with focus on disciplinary proceedings related to misconduct.]]>
<![CDATA[Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction ]]>
<![CDATA[Dian Pratiwi, Rizky Melani]]>;
<![CDATA[Widhiyanti, Hanif Nur]]>;
<![CDATA[Wisnuwardhani, Diah Aju]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i2.1713
<![CDATA[Introduction: Article 45 paragraph 1 letter e creates legal uncertainty regarding the rights of the auction winner in terms of transfer of rights and control of the auction object due to a blockade from the debtor or other party.Purposes of the Research: The purpose of this research is to examine the legal certainty of Article 45 Paragraph 1 Letter e of Government Regulation No. 24 of 1997 concerning Land Registration against blocking of auction objects and legal protection for auction winners executing mortgage rights in the event of blocking of auction objects.Methods of the Research: The research method used is normative legal research.Results of the Research: The results of the study show that the form of legal protection for the auction winner is preventive legal protection, in which the name transfer process by the auction winner should still be carried out by understanding the meaning of Article 45 paragraph 1 lettere, namely the material claim or dispute referred to is limited to ownership disputes, not debts. Furthermore, legal protection is repressive, i.e. the auction winner can request assistance from the District Court to empty the object. The auction winner can hold the seller accountable in the form of compensation, and the auction winner can file a lawsuit against the unlawful act against the blockade applicant and the Land Office as the institution authorized to carry out block records.]]>
<![CDATA[The Principle of Good Faith In Transactional Agreements In The Community of West Seram Regency ]]>
<![CDATA[Akyuwen, Rory Jeff]]>;
<![CDATA[Panjaitan, Wijaya Natalia]]>;
<![CDATA[Nabila, Syadzwina Hindun]]>
<![CDATA[ Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v4i2.1842
<![CDATA[Introduction: In the western Seram Regency, in some contracts made by the people of Wasia and Rumahkay villages, there is an imbalance in the implementation of contracts where contracts that occur most often are oral contracts in addition to written contracts, where each contract made often does not fulfill the elements of Article 1338 of the Civil Code which contains the principle of good faith.Purposes of the Research: to find out how The Principle Of Good Faith In Transactional Agreements In The Community Of West Seram Regency. Methods of the Research: This Study Case uses sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Results of the Research: The consequences of the existence of the principle of bad faith in the agreement being canceled because it did not fulfill the subjective requirements in the agreement. The solution is the need for encouragement for the Village Government as a Transactional Agreement Deed Facilitator as a preventive measure to reduce the inequality of agreements. In addition, there is a need for a standardized agreement format provided by the village government to meet the transactional needs of the community.]]>
