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
92 Documents
<![CDATA[Aspects of Justice, Legal Certainty and Benefit in the Settlement of Patent Disputes ]]>
<![CDATA[Ritonga, Moehammad Mahastar]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Sudirman, Lu]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v5i3.2149
<![CDATA[Introduction: Patent rights are rights granted to individuals who have successfully created new inventions, where the rights and responsibilities of the inventor arise when the invention is registered in accordance with applicable regulations and protected by Law Number 13 of 2016 concerning patents. In the resolution of patent disputes, the regulations mandate the use of litigation remedies. Nonetheless, it is important to remember that mediation is an alternative dispute resolution before taking litigation steps, and is a win-win solution, but it is not a mandatory stage in the settlement of patent civil disputes. Of course, this is contrary to the implementation of the legal aspects which are not only justice, and legal certainty but also expediency.Purposes of the Research: This research aims to improve understanding of the implementation of the legal objectives aspect in patent dispute resolution in Indonesia.Methods of the Research: In this research, normative legal research methods were used. The data taken consists of primary legal materials and secondary legal materials.Results of the Research: The results of this study reveal a new perspective on the concept of justice, which was previously only seen as "right and wrong", to "risks and benefits". This is due to the principle of expediency that lies between the point of legal certainty and the point of justice.]]>
<![CDATA[The Essence of the Prohibition of Tender Rigging from a Business Competition Law Perspective ]]>
<![CDATA[Tedjokusumo, Dave David]]>;
<![CDATA[Kagramanto, Lucianus Budi]]>;
<![CDATA[Prasetyawati, Endang]]>;
<![CDATA[Nasution, Krisnadi]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v5i3.2093
<![CDATA[Introduction: The government has made efforts to ensure that existing business competition legal regulations can accommodate the broad legal needs of society, but in reality, in everyday life, legal problems are still often encountered. One of the fundamental legal issues related to business competition in Indonesia is regarding government procurement of goods/services. There are many practices of bid rigging in the process of procuring government goods/services to determine the winner in a tender. Tender conspiracy cases often occur in Indonesia, therefore everything related to tender conspiracy must be carefully scrutinized. Purposes of the Research: The aim of this research is to analyze and discover the nature of the prohibition on bid rigging from a business competition law perspective.Methods of the Research: The research method used is normative juridical. Descriptive and argumentative techniques must be used in carrying out the analysis.Results of the Research: The essence of the prohibition on bid rigging from a business competition law perspective can actually be observed in Article 22 of Law no. 5/1999, Per. KPPU No. 2/2010, and Constitutional Court Decision Number 85/PUU-XIV/2016. This prohibition aims to not give rise to unhealthy business competition, so that the aim of holding tenders can be achieved properly to provide equal opportunities to business actors in offering competitive prices and quality, which in the end will result in the lowest price with the best quality.]]>
<![CDATA[Establishment of Regional Regulations For Coastal Area Rehabilitation As An Environmental Restoration Effort In Buru District ]]>
<![CDATA[Tuhulele, Popy]]>;
<![CDATA[Anwar, Arman]]>;
<![CDATA[Waas, Armelia Febriyanti]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v5i3.2085
<![CDATA[Introduction: Research entitled "Establishment of Regional Regulations for Coastal Area Rehabilitation as an Environmental Recovery Effort in Buru Regency". Purposes of the Research: The specific aim of this research is to find out and analyze the impact of traditional mining activities on environmental damage in coastal areas, especially in Kayeli Bay, Buru Regency as the estuary of rivers affected by mining activities and to find and analyze the importance of establishing Regional Rehabilitation Regulations as an effort to restore the marine and coastal environment. in Buru Regency.Methods of the Research: This research uses an exploratory type of empirical normative research. This research approach is a statutory approach, a concept approach and a case approach. The data collection techniques used in this research were interviews and literature study.Results of the Research: Mining activities using dangerous chemicals carried out over a period of 23 years have had a major impact on the environmental conditions of Buru Regency. Environmental pollution and destruction not only occurs in mining areas but also land, river flows, bays, coasts and seas which are the final estuaries of mining remains. Kayeli Bay is an important area for fishing, to support the daily lives of around 50,000 village communities. coast. Kaiely Bay is located between 3º 15' 55” - 3º 22' 50” S and 127º 01'35”-127º 01'35” E and is an estuary in nature because it is influenced by the surrounding land, through runoff that enters through rivers that empties into the bay. Continuous abundance of nutrients causes an increase in water fertility. On the other hand, Kaiely Bay is also able to supply and fertilize the surrounding waters with nutrients and a high concentration of chlorophyll-a, namely > 6 mg/L.]]>
<![CDATA[Larvul Ngabal Law as A Regulation in Marine Resources Management In Kei Islands, Southeast Maluku Regency ]]>
<![CDATA[Angga, La Ode]]>;
<![CDATA[Latupono, Barzah]]>;
<![CDATA[Renuat, Ahmad Yani]]>;
<![CDATA[Atbar, Rini]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v5i3.1915
<![CDATA[Introduction: Hawear Customary Law has long been known in Southeast Maluku and has a rolewhich is important in organizing life, especially for traditional law communities. Hawear contains meaning prohibition to take natural resources on land or in the sea, which is based on several important and basic arguments. The principle that is the basis for the actual existence of Hawear's lais the principle of sustainablemanagement of natural resources. Wise thinking that develops wiselyThis local area is also based on the economic aspects of the country's community and the villages and villages located in the area small islands.Purposes of the Research: To find out and analyze Hawear's existence in protecting and preserving marine genetic resources in Southeast Maluku Regency.Methods of the Research: The approach method used in this research is sociological juridical which is a descriptive qualitative analysis study. This research seeks to describe what occurs in the Kei Indigenous Community in Southeast Maluku Regency, it is related to resource management coastal and marine power. The data collection techniques used in this research are: Interview, questionnaire and literature study.Results of the Research: The existence or existence of law Larvul Ngabal Currently, it is increasingly existing, this can be seen from the increasingly advanced society of Southeast Maluku and have the same feelings in a group, where they stay in one place because they come from from the same genealogy or descent. They have their own customary laws that regulate them regarding rights and obligations regarding material and immaterial goods. They also have social institutions, traditional leadership, and traditional justice recognized by the group. Larvul Nabalas a form of rule which the people of Southeast Maluku use in managing their marine resources is expected to remain the same obeyed so that it becomes a law in the management of resources both at sea and on land so that they are maintained natural sustainability. This is also in line with the protection of indigenous communities which has been recognized in Article 18B paragraph (2) and Article 28I paragraph (3) in the Indonesian Constitution The Constitution of the Republic Indonesia in 1945 (1945 Constitution of the Republic of Indonesia). This means that the state has recognized and respected rights indigenous communities, including the Law Society Larvul Ngabal.]]>
<![CDATA[Legal Protection For Notaries Against False Information Given By Participants In The Drafting of Authentic Deeds ]]>
<![CDATA[Octavia, Jane Maria]]>;
<![CDATA[Silviana, Ana]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v5i3.2828
<![CDATA[Introduction: A problem that often occurs in connection with the implementation of the duties of a Notary is if there is a Notarial deed that is faulted by the parties, especially if the parties come to the Notary with false information or fake evidence.Purposes of the Research: This research aims to analyze the validity of a notary's statement which is based on evidence that is declared to be fake and legal protection for notaries for fake statements.Methods of the Research: This research uses normative legal research methods by looking for solutions and legal issues that arise, which will be achieved and then provide predictions. Legal approach and conceptual approach, with primary and secondary legal materials.Results of the Research: Based on Supreme Court Decision Number 702/J/Sip/1973 dated September 5 1973, the Notary who recorded what was shown and conveyed by the person facing, there is no obligation for the notary to investigate materially. In this way, the Notary is not asked to be held responsible for losses incurred because the parties provided false information.]]>
<![CDATA[Legal Protection For Book Piracy Traded Through Marketplaces In Indonesia ]]>
<![CDATA[Amalia, Annisa Dinda]]>;
<![CDATA[Badriyah, Siti Malikhatun]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v5i3.2823
<![CDATA[Introduction: According to Law Number 28 of 2014 concerning Copyright, an act is considered a Copyright violation if it violates the exclusive rights of the creator, which includes the right to publish or reproduce his work and the right to give permission or prohibit other people from doing so. create, reproduce or broadcast it without their consent.Purposes of the Research: This research aims to analyze how the law accommodates the protection of book piracy cases in the marketplace which is easy to do.Methods of the Research: The research method used in this paper is a normative legal research method. A conceptual approach and a law-based approach were used in this research. Legal materials are identified through document study. The approach and analysis applied is qualitative.Results of the Research: The research method used in this paper is a normative legal research method. A conceptual approach and a law-based approach were used in this research. Legal materials are identified through document study. The approach and analysis applied is qualitative.]]>
<![CDATA[Copyright Protection for Songs Uploaded to the Spotify Digital Music Application Without Permission ]]>
<![CDATA[Lesnussa, Maichel]]>;
<![CDATA[Narwadan, Theresia Nolda Agnes]]>;
<![CDATA[Labetubun, Muchtar Anshary Hamid]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v5i3.2805
<![CDATA[Introduction: Copyright holders can and have the right to determine who can use their work or not.However,Uploading songs by Spotify application users can unknowingly trigger copyright infringement.Purposes of the Research: To examine the legal relationship between the Spotify application and copyright holders and the form of copyright protection for songs uploaded on the Spotify application without permission.Methods of the Research: The research method used in this writing is the normative legal research method with a legislative approach, case approach and conceptual approach.Results of the Research: The legal relationship between the Spotify Music application and the Copyright Holder is based on a license agreement made in the form of an authentic deed and the form of legal protection of the creator's rights against uploading songs on the Spotify Music application without permission can be protected preventively and repressively. However, the most effective form of legal protection to be applied to this problem is the form of repressive legal protection.]]>
<![CDATA[Renewal of Implementing Regulations in Minimizing Control in Limited Liability Companies Outside of Acquisitions ]]>
<![CDATA[Pakpahan, Kartina]]>;
<![CDATA[Tanjaya, Willy]]>;
<![CDATA[Ferina, Wulan Me]]>
<![CDATA[ Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v5i3.2289
<![CDATA[Introduction: The problem is that the definition of "control" of a company is not found explicitly in the Company Law, resulting in the emergence of practices of "control" of companies which are carried out not in accordance with the provisions as stipulated in the provisions of Article 1 point 11 and Article 125 paragraph (3) of the Company Law. When taking over company shares, it does not always result in a change in control of the company if the number of shares taken over does not exceed 50% of the company's shares. If the takeover of shares exceeds 50% of the company's shares, the party taking over a company will become the controller of the party being taken over.Purposes of the Research: The control intended by UUPT is very limited and cannot be interpreted more broadly. Methods of the Research: The research method used in this research is Empirical Legal Research, which uses a sociological legal approach focusing on reality by examining the application of law, in this case the PT UU, which is used as a basis for the formation and implementation of a Legal Entity (limited liability company).Results of the Research: The results of the research found the first fact that there were actions to control limited liability companies that were not in accordance with the provisions of Article 1 number 11 and Article 125 paragraph (3) of the Company Law and the aims and objectives of the Articles of Association of the Deed of Establishment were not achieved. These findings occurred at PT. ESG. Second, there is the involvement of a Notary in legalizing the actions of the Commissioner of PT. ESG to control PT. ESG Beyond Acquisitions. Third, there is a conflict between the norms of Article 102 paragraph 1 of the Company Law with Article 102 paragraph 4 of the Company Law regarding the "Requirement to seek approval from the GMS" to transfer assets, but the entire assets of PT. ESG has been transferred without asking for approval from the GMS and a Deed of Sale and Purchase Agreement and Transfer of Rights has been issued by a Notary.]]>
<![CDATA[Acceleration of Land Rights Certification Through Settlement of Land Tax Obligations ]]>
<![CDATA[Sinaga, Roulinta Yesvery]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>;
<![CDATA[Sihite, Sri Rumada]]>;
<![CDATA[Dyastuti, Risqi Mumpuni]]>
<![CDATA[ Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v6i1.2381
<![CDATA[Introduction: The Complete Systematic Land Registration Program (SLRP) is a government effort to evenly accelerate the provision of land certificates to the Community. Although the certificate is given free of charge, participants are still obliged to pay Income Tax and Land and Building Acquisition fees (BAT). For participants who cannot pay, a mechanism is provided in the form of a tax debt statement. The challenges include minimal socialization, weak institutional coordination, and administrative obstacles. Therefore, there is a need to simplify procedures and more effective tax education.Purposes of the Research: This study aims to examine the problem of what obstacles are faced by the parties responsible for the settlement of income tax and for land rights applicants, namely building acquisition tax (BAT) in the complete systematic land registration program (SLRP), and analyze how to optimize the settlement of Income Tax and BAT to utilize the land certificates made optimally.Methods of the Research: The research method is an empirical legal method with a qualitative legal approach.Results Main Findings of the Research: The results of this study found obstacles in SLRP, namely the absence of clear and consistent regulations regarding the payment of Income Tax and BAT in the Central Maluku region, the need for increased communication between the Central Maluku Regency Land Office and the Central Maluku Regency Government, and the improvement of apparent socialization regarding Taxes to the Community. Meanwhile, several stages can be carried out to optimize land certificates regarding settlements related to income tax and BAT taxes. Namely, the initial step is to form a team to conduct data collection on applicants for rights that are still owed and to conduct socialization and coordination with other agencies, such as the authorities in collecting Income Tax and BAT taxes owed, to make efforts to jointly seek solutions in optimizing the complete systematic land registration program (SLRP).]]>
<![CDATA[Limitations of Guardians' Legal Acts in the Management of Children's Assets ]]>
<![CDATA[Damayanti, Rima Fitrilia Puspita]]>;
<![CDATA[Akib, Ma'ruf]]>;
<![CDATA[Fadjriah, Ismi]]>;
<![CDATA[Umar, Wahyudi]]>;
<![CDATA[Alfurqon, Fe Fikran]]>
<![CDATA[ Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v6i1.2868
<![CDATA[Introduction: This article explores the limitations of guardians' legal authority in managing children's assets, emphasizing the importance of protecting minors from potential abuses by guardians.Purposes of the Research: The purpose of this study is to analyze the legal framework governing guardianship in Indonesia, focusing on the responsibilities and limitations imposed on guardians in asset managementMethods of the Research: This research employs a normative legal approach, analyzing statutes and legal principles, particularly from the Civil Code, to understand the scope of guardianship and its implications for children's welfare.Results Main Findings of the Research: The findings reveal critical gaps in the guardianship system, highlighting the need for enhanced oversight and accountability measures. This research contributes to existing knowledge by proposing legal reforms that ensure guardians act in the best interests of children, thereby advancing protective legal frameworks.]]>
