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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 92 Documents
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The Role of Indigenous Communities in Protecting The Environment After The Entry of Companies Hattu, Vondaal Vidya; Tahamata, Lucia Charlota Octovina
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.v5i1.1894

Abstract

Introduction: The many cases of land disputes involving indigenous communities have created a bad image for this community.Purposes of the Research: The rights of indigenous peoples as well as the legal substance that forms the basis for the implementation of development in safeguarding the environment after the entry of the CompanyMethods of the Research: The method used is normative juridical with qualitative analysis.Results of the Research: The noble values in the lives of indigenous peoples seem to have disappeared due to a number of "conflicts" disputes. In fact, feuds and struggles are not the nature of indigenous peoples. This group is actually closely linked to environmental conservation efforts to ensure the continuity of life. This cultural identity requires a foothold which is known as customary territory. This area is very important because it is the living space and livelihood of the community. Customary territories include land, forests, seas and natural resources which are seen as a unity of economic, religious values and socio-cultural ties. The presence of the State can resolve problems that arise in society, especially environmental rights owned by indigenous peoples.
The Obligation of The State to Realize Sharia-Compliant Certainty in Islamic Banking Financing Hamidah, Siti; Saputra, Gusti Wimba
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.v5i1.1897

Abstract

Introduction: Islamic banking is growing significantly and rapidly. The state needs its presence not only related to providing the right to freedom of religion but also ensuring that its implementation is following the provisions of sharia. Islamic banks have received a lot of criticism due to the existence of prohibited elements specifically in financing. Therefore, a supervision system for sharia compliance is needed.Purposes of the Research:  This paper analyzes the basis and form of state obligations and their manifestation in ensuring compliance with Sharia principles in Islamic banking financing contracts in Indonesia. Because the State Financial Services Authority as the party with the authority in supervision has not reached the conformity of Sharia principles in the agreement as a private aspect.Methods of the Research: The problem analysis methodology involves legal research with a philosophical approach. The Statute Approach is conducted by reviewing applicable legal regulations, while the Analytical Approach involves analyzing legal principles and understanding through the examination of legal materials using techniques such as grammatical, teleological, and systematic interpretation.Results of the Research: The state is responsible for ensuring Sharia compliance in Islamic banking financing stems from the basic principles of Pancasila and the Constitution, as reflected in various laws, regulations, and fatwas of the National Sharia Council. These regulations serve as guidelines for sharia-compliant financing. However, legal certainty is needed in supervision and sanctions in implementing Sharia compliance.
Divorce for Sirri Marriage Carried Out by Kairatu West Seram Community Angga, La Ode; Ruslan, Dyah Auliah Rachma; Baharuddin, Wahdaniah; Amsyahrun, La Ode Amir; Ipaenin, Muhammad Haz Reza
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.v5i1.1835

Abstract

Introduction: Marriage is said to be valid according to law if it is carried out according to the laws of each religion and belief, otherwise the marriage must be recorded according to applicable laws and regulations.Purposes of the Research: the specific purposse of this research are: 1. To find out and analyze the basis for allowing the implementation of Sirri Marriage in Kairatu Village community, and 2. To find out and analyze legal implication of Sirri Marriage implementation in Kairatu Village community.Methods of the Research: This research was conducted using empirical juridical approach which is a study of descriptive qualitative analysis. This research tried to study the Implementation and legal consequences of Sirri marriage in Kairatu Village, West Seram, Maluku Province. How the empirical juridical or sociological juridical method works in this research proposal is; first, the results of collecting and discovering data and information obtained by literature study of the basic assumptions or assumptions are used to answer the problems in this research. Then, inductive-verification testing is carried out on current facts existed within the community. Hence, the truth in a research is declared reliable without having to go through rationalization process.Results of the Research: Marriage can be said to be legally valid if it is carried out according to the trust of the bride and groom and registered with the marriage registration officer. For those who are Muslim, they are registered with the Office of Religious Affairs, while for those who are non-Muslim, they are registered with the civil registry office.
Abrogation “Privity of Contract” Due To One Sided Withdrawal of A Third Party As An Emergency Contact From Borgtocht Perspective Panjaitan, Wijaya Natalia
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.v5i1.1998

Abstract

Introduction: The inclusion of a third party's personal data as an emergency contact in an agreement is often done one-sidedly by the debtor, to the detriment of the third party who is often disturbed to find the debtor's whereabouts, even though the third party does’nt know and never agreed to have his personal data included as an emergency contact.Purposes of the Research: This research aims to find out the abrogation of the principle of privity of contract in the context of one-sided withdrawal of a third party as an emergency contact in the perspective of personal guarantee law (borgtocht).Methods of the Research: This research is using the normative juridical method. The approach is through legislation, which is the Civil Code and conceptual approaches.Results of the Research: The principle of privity of contract in the perspective of personal guarantee law (borgtocht) will be invalid and cannot be applied to emergency contact if the third party whose name is included is not asked for prior approval by the parties in the agreement.
The Right to Manage Coastal Tourism to Support Indigenous People's Income in the Perspective of Coastal Community Welfare Saija, Ronald; Pariela, Marselo Valentino Geovani; Sihite, Sri Rumada
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.v5i2.1839

Abstract

Introduction: The right to manage coastal tourism to support the customary income of the land of West Seram Regency from the perspective of the welfare of coastal communities, where it can be said that tourism management is one of the efforts made by the community and government to preserve tourist attractions.Purposes of the Research: The tourism management responsibilities that are interesting to carry out research, especially the tourism management of Negeri Eti in the Baray part of Seram Regency and providing management obligations to the Negeri Eti community in the West Seram Regency as well as research related to the welfare allocation or it could be said to be the results of the allocation of customary land to be managed for beach tourism.Methods of the Research: The research method used is in accordance with the research objectives where the type of research used is sociolegal (sosiolegal research) namely a research method combining doctrinal legal research and empirical legal research methods.Results of the Research: The results of this research show that developing tourism potential in an area requires information, physical factors and a good coastal environment which includes accessibility, supporting facilities and infrastructure. There is Village Regulation Number 1 of 2022 concerning Management of Land, Coastal and Marine Natural Resources. Eti Village, West Seram District, Maluku Province, can be implemented by Eti Village to provide welfare for coastal indigenous communities in the future.
Problematic Land Buying and Selling Transactions Uktolseja, Novyta; Dyastuti, Risqi Mumpuni; Berlianty, Teng; Demmatacco, Triska
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.v5i2.1878

Abstract

Introduction: Land ownership has become a primary need, but in the process of land ownership there are still problems. Basically, the acquisition of land rights according to the Decree of the Minister of Agrarian Affairs Number 21 of Article 1 Point 1, the acquisition of land is carried out by transferring land rights or through the delivery of release of land rights followed by granting rights. But this activity is not carried out in its entirety so that it will cause problems in granting rights to the community. Purposes of the Research:  This research was conducted in Sanahu Village, Elpaputih District, West Seram Regency. This village prioritizes and gives importance to matters relating to customary land. However, based on the dinamics of the community, transactions carried out by the community should be carried out in accordance with the provisions of the legislation governing land registration in order to obtain legal certainty in the transactions carried out and aim for orderly administration in land sector. Methods of the Research: This research method is empirical juridical research that uses primary and secondary data. The legal materials used are primary legal materials, secondary legal materials with questionnaire and interview methods, data collection techniques with literature studies and field studies. Data processing and analysis techniques use descriptive analytical data analysis by identifying, classifying, then analyzing and describing according to the hierarchy. Results of the Research: Based on have not carried out the first land the results of the interviews, it is known that some people in Sanahu village do not know about the sale and purchase practices that should be taken in order to obtain legal certainty from the sale and purchase transactions carried out. This should be done based on the provisions of Article 19 paragraph 2 of the UUPA, Article 37 of PP 24 of 1997 concerning land registration. As a result, in the event of problems related to previous land transactions, the community had to resolve themselves in a family manner, either without or with assistance from local officials. As a result, the people of Sanahu village have not carried out the initial registration and maintenance of land registration data properly. Because land administration is not orderly, if there are land issues in transactions carried out either by transferring rights or encumbering rights, there will be problems in the future and limit land owners in carriying out legal actions.
Emerging Artificial Intelligence In Therapeutic Agreements With A Medicolegal Approach Dewantara, Reka; Pandansari, Rekyan
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.v5i2.1914

Abstract

Introduction: Medical services use artificial intelligence for operating to help and even transform the healthcare system. AI innovators have developed tools to improve clinical care processes, advance medical research, and increase efficiency in medical services.Purposes of the Research:  The purpose of this article is to analyse the legal validity of therapeutic agreements using AI in medical field.Methods of the Research: The research method used is a normative juridical research type with an analytical approach.Results of the Research: The results show that medical services are complex and closely related systems, and always contain risks, so they must be carried out with great care. Legal provisions governing the use of AI in therapeutic agreements with a medicolegal approach must be able to evaluate and ensure the safety and accuracy of medical decisions made by AI "thinking algorithms".
E-contract Consensus in Indonesian Contract Law Sulistyaningrum, Helena Primadianti
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.v5i2.1930

Abstract

Introduction: In the era of Society 5.0, the use of IT in implementing agreements in Indonesia is inevitable. The development of e-contracts, becoming increasingly necessary in society, is demanding the business world's attention. Particularly in Indonesia's Treaty Law, the concept of consensual e-contracting emerged, suggesting that even in the absence of direct meetings, parties could still realize an agreement through the e-contract. Purposes of the Research:  This study aims to analyze and describe the existence of e-contract consensus in contract law in Indonesia from the point of view of contract theory. Methods of the Research: This specific type of investigation is doctrinal law research, which endeavors to uncover the truth by employing legal principles, foundational doctrines, and doctrinal law as supporting material. This work utilizes an inductive methodology, first presenting specific assertions and then drawing a general conclusion from them.Results of the Research: One of the legal prerequisites for an agreement is consensus. The study's findings indicate that legislative regulations in Indonesia have incorporated e-contract consensus into contract law. We apply Uitings theory, Verzending theory, and Ontvangs theory as agreement theories to determine the existence of e-contract consensus. The legislation contains provisions that specifically address the maintenance of electronic transactions. In general, it establishes that an electronic transaction has taken place when the parties to an electronic contract (e-contract) issue a statement of acceptance of an offer.
Study of The Ruling of The Shipping Court in Burning Boat Accidents That Impact Losses Passenger as Consumers Gilalo, Jerymianus; Mulyadi, Mulyadi; Ilyanawati, R Yuniar Anisa; Gilalo, Jacobus Jopie
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.v5i2.1969

Abstract

Introduction: Passenger ship accidents frequently occur in Indonesian waters, resulting in injuries and fatalities. Unfortunately, the affected individuals only receive partial compensation from their travel insurance and are not granted full compensation under their consumer rights as outlined in Act Number 8 year of 1999 about Consumer Protection. This leaves them feeling disheartened about reclaiming their lost possessions.Purposes of the Research: The article delves into the legal rights of passengers impacted by sea transportation accidents, covering physical injury, loss of life, and property damage. The Shipping Court conducted a thorough investigation into the incident involving KM Express Cantika 77 on October 24, 2022, with a strong focus on uncovering the cause and implications.Methods of the Research: With normative juridical research methods, and based on literature data and the decision of the Shipping Court in the case of the burning of the Ferry KM Express Cantika 77 on October 24 2022 at 13.20 WITA in Naikliu Waters. By analyzing using a qualitative approach to determine the rights of passengers who got an accident.Results of the Research: The Indonesian Shipping Court decides on passenger ship accident cases only by examining the causes and impacts of the accident. It is recommended that the Shipping Court become a special court, like other special courts such as the Industrial Relations, Fisheries, and Forestry Courts. These reforms will allow the Court to examine and prosecute based on the criminal, civil, and administrative aspects of shipping incidents.
Legality and Proof of Unwritten Agreements from a Civil Law Perspective Agustini, Shenti; Jaya, Febri; Rusdiana, Shelvi
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.v5i2.2033

Abstract

Introduction: Making agreements in Indonesia can be done in written and unwritten form. This is in accordance with the principle of freedom of contract in the Civil Code. Unwritten agreements are also very often carried out in the business world because they are more efficient. However, unwritten agreements are problematic because they are very difficult to prove in civil court.Purposes of the Research: There are 2 (two) objectives in this research, namely first, to analyze the legal strength of unwritten agreements from the perspective of civil law books and second, to analyze evidence in civil courts for cases of breach of contract in unwritten agreements. Then to find the right legal solution in resolving default problems in civil court.Methods of the Research: The research method used in this research is normative juridical. This method uses literature study techniques. The type of data used comes from primary data, namely the Civil Code and legal principles, namely freedom of contract. then the secondary legal material used is in the form of previous research articles which examine the validity of unwritten agreements.Results of the Research: Based on the research results, it was found that unwritten agreements have binding legal force. However, in reality it is very difficult to prove it in court because evidence in civil law comes from written letters. Therefore, the solution that can be offered is the need for preventive and repressive legal efforts.

Page 7 of 10 | Total Record : 92

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