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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 92 Documents
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Rights and Position of Home Children In The Sanahu Community of West Part of Seram District Latupono, Barzah; Laturette, Adonia Ivonne; Radjawane, Pieter
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1840

Abstract

Introduction: The offspring of a husband and wife being taken as children for another family, whether close relatives or distant relatives based on an agreement which of course gives rise to the rights and position of the adopted child, for this reason it is necessary to establish the rights and position of the child. so it won't cause problems in the future.Purposes of the Research: To find out and analyze the rights and position of returning children in the Sanahu Community, West Seram Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the rights and position of returning children in the Sanahu Community, West Seram Regency. The workings of the empirical juridical or sociological juridical method in this research proposal, namely from the results of collecting and discovering data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts existing in society.Results of the Research: The results of the research show that the rights and position of children returning home in the Sanahu Community of West Seram Regency are regulated based on customary rules that developed in Sanahu Village where adopted children will be classified as legitimate children of the parents who adopted them and have the position of biological children so that they have the right to the inheritance of that person. The parents adopted him, but the assets he inherited were only the joint assets of his adoptive parents. The child's inherited assets did not have the right to inherit them.
The Urgency of Village Fund Management Planning Kuahaty, Sarah Selfinah; Pesulima, Theresia Louize; Sinaga, Roulinta Yesvery
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1836

Abstract

Introduction: The development of Indonesia is an ongoing program established by the government, which is not solely focused on urban development but is currently prioritized starting from rural areas. Purposes of the Research: To achieve this goal, the government has allocated state finances in the form of village funds. One form of village fund management is village expenditure, the implementation of which must comply with the Minister of Finance Regulation Number 201/PMK.07/2022 concerning Village Fund Management.Methods of the Research: This paper was produced by conducting research using normative legal research methods.Results of the Research: The West Seram Regency government recently inaugurated village heads within its jurisdiction since 2022, in several waves, following earlier controversies regarding the determination of village and traditional villages' status. During this period, many villages were led by officials acting as village heads (caretakers), including Sanahu village, the location of this research, whose village head will only be appointed at the end of 2022. Village development planning is the initial step in village fund management, formulated in the Musrembangdes, which consists of the Village Consultative Body (BPD) and community representatives to prepare the Village Medium-Term Development Plan (RPJM Desa) and the Village Annual Work Plan (RKP) for the year 2022, which will be realized in 2023. During the implementation of the work programs, it was observed that some programs could not be carried out because they did not align with the village head's vision and mission, as they were merely copied from other villages' programs. This, of course, significantly affects the absorption of village funds.
The Effects of Trademark Registration for MSMEs Balik, Agustina; Tjoanda, Merry; Sopamena, Ronald Fadly
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1772

Abstract

Introduction: Trademark rights are exclusive rights granted by the state to trademark owners who are registered for a certain period by using the brand themselves or by giving permission to other parties to use it. Based on Article 3 of Act No. 20 of 2016 Regarding Trademarks and Geographical Indications, it states that trademark rights are obtained after the Brand is registered. Thus, registration is a requirement to obtain legal protection in the field of Trademarks in the field of IPR. The presence of MSMEs in improving the national trade must be supported by the application of laws that function to protect and provide investment guarantees as wide as possible. Purposes of the Research:  In the Maluku province, based on data owned by the Maluku Province Cooperatives and MSME Office, many MSMEs have used brands on their business products, but only a few have registered their brands. Factors that influence MSMEs not to register their trademarks are the lack of knowledge and information about the importance of trademark registration. Even though seen from the prospects for MSME businesses in the Maluku province, it is very promising to be able to compete in national and international trade markets.Methods of the Research: The research method used in this study is normative juridical with the nature of the research, namely analytical descriptive. The problem approach used is a statutory and conceptual approach. The analysis of legal materials used is a literature analysis supported by additional data obtained in the field.Results of the Research: Efforts to create IPR-based development strategies is a new challenge for the government to make as a reality. The government's role is very important in spurring and activating MSMEs business actors in managing and implementing marketing strategies that can increase selling power and healthy competitiveness. Registration of trademarks in order to obtain intellectual property rights protection must be a top priority in creating intellectual property-based development. Counseling and outreach regarding the importance of legal registration of marks must be carried out from now on. Not only that, but the process of assisting MSMEs in the registration process must also be carried out, so that the counseling and legal outreach that has been carried out produces results. The advantage that can be obtained by MSMEs if their trademark is registered is the legal protection provided by the state to them, so that there will be no open gaps for other business actors to take advantage of said trademarks.
The Phenomena of Kabalutan In The Highlights of Islamic Marriage Law Nokoe, Nurhayati Sutan; Susilawati, Susi; Yunus, Nursiah Moh; Ridwan, Ashar; Nurman, Ilham
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1752

Abstract

Introduction: The ease of carrying out marriages and divorces in Kabalutan Village, Talatako District, Tojo Una Una Regency. One of the local residents was reported by the mass media that for marriage or divorce it is enough to bring it to the Penghulu. Whereas the real task of the Penghulu is to provide supervision and registration of marriages. Can get married if the bride does not have a Guardian.Purposes of the Research: It is important to know and analyze how the implementation of marriage in Kabalutan Village is viewed from the perspective of Islamic law.Methods of the Research: The method used is an empirical legal research method with primary data sources from religious leaders, community leaders, and the community in the village.Results of the Research: So that the validity of a marriage is realized and in accordance with the objectives of the Marriage Law and also the Compilation of Islamic Law which states that marriage is a marriage, namely a very strong contract or mitsaqan ghalizhan to obey Allah's commands and carry them out is worship. The people of Kabalutan Village generally have unregistered marriages or marriages that are not registered due to the long distance and the cost of accommodation which is quite expensive to report and register their marriages to the relevant agencies.
Regulations on the Use of Indonesian in Making Contracts According to Indonesian Positive Law Suwardiyati, Rumi; Rustam, Riky
Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i2.2086

Abstract

Introduction: Contracts form the backbone of business dealings, establishing the foundations and binding all collaborative endeavors between parties involved. In the Indonesian context, the use of the national language in contractual agreements has been explicitly governed by laws and regulations, specifically Law Number 24 of 2009 concerning the National Flag, Language, Emblem, and Anthem.Purposes of the Research: This study aims to scrutinize and analyze the regulatory framework surrounding the use of the Indonesian language in contract drafting, as mandated by the positive laws of Indonesia. Additionally, it seeks to elucidate the legal ramifications that may arise from non-compliance with these provisions. Furthermore, the research endeavors to provide legal clarity and offer recommendations pertaining to this issue.Methods of the Research: This research adopts a normative legal approach, employing both statutory and conceptual frameworks. The legal materials utilized encompass primary, secondary, and tertiary sources. The collection of legal materials is facilitated through library research, while the analysis of these materials is conducted qualitatively, employing content analysis and legal interpretation techniques.Results of the Research: The findings of this research present a comprehensive analysis of the regulations governing the use of the Indonesian language in contract drafting, shedding light on the legal implications of non-compliance with these provisions. Furthermore, the research offers recommendations and suggestions tailored for government agencies, business entities, and legal practitioners, guiding them in implementing the use of the Indonesian language in contracts in accordance with the applicable legal framework.
The Normativity of Limited Company Under Job Creation Law Regime: A Critical Legal Studies Perspective Sekarasih, Setijati; Budiono, Abdul Rachmad; Sukarmi, Sukarmi; Santoso, Budi
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1784

Abstract

Introduction: The concept of a limited liability company based on Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja) through Government Regulation in Lieu of Law Number 2022 concerning Job Creation (Perppu Cipta Kerja) after being declared conditionally unconstitutional by the Constitutional Court, has now found its foundation again.Purposes of the Research:  This article examines the normativity of limited liability companies after the Perppu Cipta Kerja in two focuses. First, it relates to the legal ratio for the establishment of an individual company, and second, the normativity of an individual company from the perspective of Critical Legal Studies.Methods of the Research: This paper uses a normative juridical approachResults of the Research: Based on the type of normative research supported by conceptual, statutory, and philosophical approaches, this article concludes two: First, the legal ratio for the establishment of individual companies in the Perppu Cipgta Kerja is the government's great desire to provide convenience for MSEs in doing business and creating jobs. Second, based on the analysis of trashing, deconstruction, and genealogy, individual companies in the Perppu Cipta Kerja are still full of liberal individualism with a capitalist economic system style.
Decoding Creativity in the Digital Age: Blockchain Unveiled - Navigating Opportunities and Challenges in Copyright Protection Disemadi, Hari Sutra; Girsang, Junimart; Selina, Selina
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1832

Abstract

Introduction: The advent of blockchain technology is heralded as a promising solution to address the challenges associated with digital copyright. Nevertheless, given the nascent stage of blockchain development, there exist a number of formidable challenges that necessitate resolution.Purposes of the Research:  This study endeavors to analyze the opportunities and challenges associated with the implementation of blockchain technology in safeguarding digital copyright.Methods of the Research: This study employs the normative legal research method with a qualitative approach. The utilization of a qualitative approach in normative legal research allows for a nuanced exploration of legal principles and norms. Results of the Research: The findings of the research underscore that blockchain technology, characterized by features such as decentralization, security, transparency, and immutability of data, presents opportunities for enhancing information transparency, detecting fraudulent claims, safeguarding the digital music industry, and automating license payments through smart contracts. Nevertheless, challenges must be addressed before blockchain can be widely implemented, including regulatory uncertainties and cybersecurity threats. Collaboration among government entities, academia, industry players, the private sector, and regulatory authorities is imperative to establish a clear and secure legal framework for the adoption of blockchain technology.
Legal Certainty of Lease Rights for Foreign Citizens of Ownership Land in Indonesia Iswara, Yudha Tri Dharma; Widhiyanti, Hanif Nur; Dian Ph, Novitasari
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1715

Abstract

Introduction: In Indonesia, regulations have been issued that guarantee certainty over land in Indonesia, one of which is Law Number 5 of 1960 concerning Basic Agrarian Law, which was subsequently derived using Government Regulation Number 10 of 1961 concerning Land Registration and replaced by Government Regulation Number 24 of 1997 concerning Land Registration, Foreign nationals who have an interest in investing in Indonesia do not have a few lease agreements to lease land, especially in Bali, lease agreements in general regulations are regulated in Article 1548 of the Civil Code but because the lease period in Indonesia is not specifically regulated, So there is often a legal smuggling where a lease agreement has a long term, even indicating a lease for life. Therefore, the importance of legal certainty regarding the lease period is regulated in a law and regulation, so that in determining the period in the lease agreement still has a propriety and fairness in its implementation. Purposes of the Research: namely regarding the time limit for leasing for foreigners on land in Indonesia which needs a special regulation that is clearer and more detailed.Methods of the Research: The research method in this writing uses normative juridical legal research with a statutory approach, legal concept approach and case approach. In this thesis, the author discusses two legal issues related to legal certainty of lease time limits on freehold land in Indonesia for Foreign Nationals and legal consequences arising from the blurring of legal norms regarding arrangements related to lease time limits for freehold land in Indonesia.Results of the Research: The results showed that in terms of determining legal certainty related to the lease period for now, we can look for determining indicators regarding time limits. The consequences that arise when a lease agreement has a time limit that indicates a live well lease is a Non-Existent legal act.
Principles of Buyer’s Responsibility on Bid and Run Actions in Online Auction Buying and Selling Practices Pesulima, Theresia Louize
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1724

Abstract

Introduction: The development of the internet causes the practice of buying and selling auctions can not only be done conventionally but can also be done online, one of which is by using Instagram media.   This online auction transaction not only provides benefits and convenience for consumers but also has weaknesses and in fact in online auction buying and selling transactions  , losses can not only be experienced by consumers, but business actors can also experience losses due to non-fulfillment of achievements that should be done by consumers. One of the consumer actions that harm business actors is Bid an Run in the practice of buying and selling online auctions on Instagram social media.Purposes of the Research: The purpose of this article is to find out the application of the principle of buyer’s responsibility for bid and run actions as a form of legal protection for business actors.Methods of the Research: The research method used in this research is normative juridical or known as legal research which is carried out by studying and analyzing the substance of laws and regulations on the subject matter or legal issues in consistency with existing legal principles.Results of the Research: The results show that Legal liability for buyers who in bad faith deliberately do not pay or take bid and run actions can be sued based on Article 1243 of the Civil Code, Article 21 paragraph (2) letter a and paragraph (4) of the ITE Law, and Article 6 letter a and b of the Consumer Law, as well as electronic agreements that have been agreed between business actors (auction account owners) and consumers (auction bidders). Business actors in this case can also sanction directly to consumers who have committed violations by blocking the consumer's account and being blacklisted so that consumers cannot bid with auction business actors anywhere.
Implementation of Traditional Knowledge Protection of Enbal Processing Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1846

Abstract

Introduction: Implementation and regulations governing the protection of traditional knowledge is still considered less effective.  The law is expected to be able to overcome various problems that arise related to the protection of traditional knowledge from the community, especially the Kei Islands community on enbal processing knowledge.Purposes of the Research: The purpose of this study was to determine and analyze the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community.Methods of the Research: The research method used is juridical empirical.Results of the Research: The results obtained are the implementation of the protection provided by the copyright law on the ownership of a traditional knowledge which in this case is the processing of enbal traditionally done as a staple food in the Kei Islands community has actually been regulated in Article 38 of the Copyright Act. However, this protection can be provided if the community continues to maintain traditional processing without the help of modern tools when processing enbal into staple foods.

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