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[The Obligation of Adopted Children to Fulfill Parents' Alimentary Rights ]]>
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Panjaitan, Wijaya Natalia]]>;
<![CDATA[Lenggono, Roy Prabowo]]>
<![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.v6i1.2815
<![CDATA[Introduction: Child adoptions have been carried out in different ways and motivations, in accordance with the current legal system and regulations in society. Parents who adopt a child will assume the obligation to raise the adopted child like a biological child. However, the question of the responsibility of the adopted child for the fulfillment of the alimony rights of his or her adoptive parents has also become a legal study and social practice.Purposes of the Research: This research aims to analyze the obligations of adopted children to fulfill their parents' allimentary rights.Methods of the Research: The type of research used is sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods.Results Main Findings of the Research: Adopted children have clear legal obligations to the adoptive parents in terms of the fulfillment of allimentary rights. In addition, there is a need for clarity to strengthen regulations regarding the rights and obligations of adopted children in the Civil Code in Indonesia. This is important to provide legal certainty for all parties and increase public awareness of the rights and obligations carried by adopted children.]]>
<![CDATA[Copyright Assessment of The Oral Tradition of Making Fishing Traps Among Indigenous Peoples ]]>
<![CDATA[Pariela, Marselo Valentino Geovani]]>;
<![CDATA[Saija, Ronald]]>;
<![CDATA[Pical, Venda Jolanda]]>;
<![CDATA[Demmatacco, Triska]]>
<![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.v6i1.2476
<![CDATA[Introduction: The passing on of traditions from the older generation to the younger generation is generally conveyed scientifically by word of mouth which is carried out with continuous practice, so that usually an oral tradition cannot be verified academically-scientifically but can be accepted as recognition by an indigenous community as a historical fact. Oral culture or oral tradition is a culture in which writing has not been developed for the purpose of keeping records and passing down knowledge and history.Purposes of the Research: To examine the copyright registration for the oral tradition of making fish traps among indigenous communities on the island of Ambon to obtain recognition of intellectual property rights.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 Main Findings of the Research: Protection of traditional knowledge (oral traditions regarding the creation of traditional fish traps) can prevent the cultural identity of the community that owns it from being lost in line with the extinction of traditional knowledge. Procedure Copyright is one part of intellectual property which has the broadest scope of protected objects, because it includes science, art and literature (art and literacy) which also includes the oral tradition of making fishing traps.]]>
<![CDATA[The Necessity of Legal Protection for Geographical Indications within a Sui Generis Framework ]]>
<![CDATA[Rohmat, Rohmat]]>;
<![CDATA[Wei, David Chuah Cee]]>
<![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.v6i1.2449
<![CDATA[Introduction: Legal and political activities are inherently interconnected in the pursuit of creating fair and just products for society. This relationship exists because the process of lawmaking, as reflected in statutory regulations, is inseparable from political activity. From an intellectual property perspective, geographical elements can serve both as trademarks and as indicators of a product's regional origin. This dual function creates regulatory overlap between trademark laws and geographical indication protections.Purposes of the Research: This research was conducted to assess the urgency of establishing a sui generis law for geographical indications.Methods of the Research: This research is normatively juridical with a statutory approach and a conceptual approach.Results Main Findings of the Research: The TRIPs Agreement emphasizes that Geographical Indications (GIs) constitute a distinct intellectual property regime, separate from trademarks. The legal policy established in Law Number 20 of 2016 aims to protect both moral and economic rights while preventing violations of communally owned GIs. Substantively, sui generis protection streamlines the registration process for GIs and enhances public participation in their registration and protection, aligning with Indonesia's legal and political direction on GI regulation.]]>
<![CDATA[Breach of Contract in Digital Transactions on the Itemku Platform: A Case Study of Consumer Rights Violations in Streaming Subscription Services ]]>
<![CDATA[Tantaru, Fernando]]>;
<![CDATA[Soplantina, Valentino Dinatra]]>
<![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.v6i1.2423
<![CDATA[Introduction: This article examines the issue of breach of contract in digital transactions on the Itemku platform, focusing on consumer rights violations in streaming subscription services. The study investigates the inadequacies in existing consumer protection laws in Indonesia, particularly regarding digital commerce.Purposes of the Research: The purpose of this research is to analyze the legal responsibilities of digital platforms in preventing breaches by third-party sellers and to explore the available legal remedies for consumers facing violations of their rights in the digital marketplace.Methods of the Research: Employing a normative legal research method, this study utilizes a statutory and conceptual approach to assess the current legal framework and its implications for consumer protection.Results Main Findings of the Research: The findings reveal significant gaps in legal protections for consumers in digital transactions, particularly regarding the accountability of platforms like Itemku. The research indicates that without effective regulatory measures, consumers remain vulnerable to various forms of breach. Recommendations include enhancing internal policies for seller accountability and adapting legal frameworks to better address the complexities of digital commerce.]]>
<![CDATA[Fair Legal Protection for Bankruptcy Respondent Debtors ]]>
<![CDATA[Sosilo, Peter]]>;
<![CDATA[Nurjaya, I Nyoman]]>;
<![CDATA[Prasetyawati, Endang]]>;
<![CDATA[Nasution, Krisnadi]]>
<![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.v6i1.2154
<![CDATA[Introduction: One of the important principles regulated in the Bankruptcy Law and Postponement of Debt Payment Obligations is the Going Concern Principle, which can enable a business entity or individual to run again even though it has fallen into bankruptcy, in this case the assets belonging to the debtor can be managed by the curator to obtain income as an effort to fulfill the debtor's debts. gradually to creditors.Purposes of the Research: This research aims to analyze just legal protection for debtors who are respondents to bankruptcy in the Bankruptcy Law and Postponement of Debt Payment Obligations.Methods of the Research: The type of research used is normative juridical, examining positive legal norms with the concept of law as it is written in the book, namely by conducting studies of statutory regulations and literature studies.Results Main Findings of the Research: The application of the principle of business continuity in bankruptcy cases and postponing debt payment obligations is within the framework of legal protection for debtors and has a positive impact on increasing the company's economic value which in turn is used to pay debts to its creditors.]]>
<![CDATA[Practice of Settling Joint Property: A Review Based on The Islamic Law Compilation ]]>
<![CDATA[Sanjaya, Andra]]>;
<![CDATA[Muhibbussabry, Muhibbussabry]]>
<![CDATA[ Batulis Civil Law Review Vol 6, No 2 (2025): VOLUME 6 ISSUE 2, JULY 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v6i2.3290
<![CDATA[Introduction: Joint property is property obtained during marriage and is an important object in divorce settlement. In practice, joint property settlement is often carried out amicably without going through the courts.Purposes of the Research: This study aims to determine the practice of post-divorce joint property settlement in Padang Cermin Village, Selesai District, Langkat Regency, and to review its compliance with the provisions contained in the Compilation of Islamic Law (KHI).Methods of the Research: This study uses a qualitative approach with a case study method, through interviews, observations, and documentation from related parties, such as former husband and wife, community leaders, and village officials.Results Main Findings of the Research: The results of the study show that joint property settlement in the village is mostly resolved through deliberation by involving family or traditional leaders. However, not all of these processes are in accordance with the provisions of the KHI, especially regarding the principles of justice and the rights of each party. Therefore, more intensive socialization and legal education are needed for the community so that joint property settlement can run in accordance with applicable laws and protect the rights of both parties.]]>
<![CDATA[The Strategic Role of the Commercial Court in Resolving Digital Company Bankruptcy Disputes ]]>
<![CDATA[Rizkia, Nanda Dwi]]>;
<![CDATA[Fardiansyah, Hardi]]>;
<![CDATA[Danil, Danil]]>;
<![CDATA[Suryani, Lilis]]>;
<![CDATA[Yuliana, Tora]]>;
<![CDATA[Riverra, Kevin M]]>
<![CDATA[ Batulis Civil Law Review Vol 6, No 2 (2025): VOLUME 6 ISSUE 2, JULY 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v6i2.3056
<![CDATA[Introduction: The digital economy has transformed legal structures, especially in insolvency law, where digital companies often treat personal data as a core asset. However, Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations lacks specific provisions regarding personal data, while Law Number 27 of 2022 on Personal Data Protection does not address how data should be treated in bankruptcy. This regulatory gap risks the exploitation of personal data by creditors or curators, potentially violating constitutional rights.Purposes of the Research: This study aims to examine the legal consequences of the absence of clear regulations on personal data in bankruptcy cases and propose legal solutions to protect data subjects’ rights within digital insolvency proceedings.Methods of the Research: The research employs a normative juridical approach, combining statutory and conceptual analyses. It examines relevant Indonesian laws and draws comparisons with the European Union’s General Data Protection Regulation (GDPR) to understand international best practices. Legal materials are analyzed qualitatively.Results Main Findings of the Research: The study proposes recognizing personal data as a sui generis legal object in bankruptcy proceedings, requiring distinct legal treatment and safeguards. It highlights the role of the Commercial Court in protecting data subjects’ rights and suggests amending the UUK-PKPU, issuing Supreme Court guidelines, and promoting interagency coordination. This research contributes a normative model to integrate personal data protection within Indonesia’s digital insolvency framework, ensuring constitutional rights remain upheld in the digital era.]]>
<![CDATA[Digital Banks in Indonesia: Potential and Problems ]]>
<![CDATA[Sopamena, Ronald Fadly]]>;
<![CDATA[Abubakar, Lastuti]]>;
<![CDATA[Handayani, Tri]]>
<![CDATA[ Batulis Civil Law Review Vol 6, No 2 (2025): VOLUME 6 ISSUE 2, JULY 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v6i2.3045
<![CDATA[Introduction: Digital Bank based on POJK No.12/POJK.03/2021 Concerning Commercial Banks, is a bank incorporated in Indonesia that provides and carries out business activities mainly through electronic channels without a physical office other than the head office or using limited physical offices. Digital banks are then explained in Article 7B and Article 20A of the PPSK Law stating that both commercial banks and Islamic commercial banks can operate as digital banks. Based on this, the business fields of digital banks are the same as the business fields of commercial banks or Islamic commercial banks. Digital banks are divided into digital banks that are subsidiaries of conventional banks and banks that have been purely digital banks since their inception.Purposes of the Research: Examine the potential of digital banks in supporting the economy and discuss the legal issues faced by digital banks.Methods of the Research: This writing uses a normative legal research method with a statutory approach and a conceptual approach.Results Main Findings of the Research: The results of the study show that in the current era of globalization where technology is not something that is difficult to access, digital banks are here to bring a breath of fresh air to the banking world. Customers will get instant services without having to come directly to the office to get 24-hour banking services. Digital banks have one problem, namely credit distribution carried out through applications or websites which causes credit analysis with the 5C method to not run optimally so that it will increase the ratio of non-performing loans or NPLs. Therefore, digital banks need to prepare a Bank Credit Policy (KPB) that accommodates digital bank credit distribution as part of digital bank risk management as mandated in Article 2 Number 1 of the Financial Services Authority Regulation Number 18/POJK.03/2016 concerning the Implementation of Risk Management for Commercial Banks. The policy must be able to make digital banks able to conduct credit analysis without sacrificing the principle of prudence. The policy can be in the form of a loan limit, tenor or examination of additional documents required so that there is no non-performing loan in the future.]]>
<![CDATA[Legal Frameworks for Setting Aside Arbitral Awards in Taiwan and Indonesia: A Cross-Country Analysis ]]>
<![CDATA[Umar, Wahyudi]]>;
<![CDATA[Rasmuddin, Rasmuddin]]>;
<![CDATA[Hamzah, Ismi Fadjriah]]>;
<![CDATA[Wetzel, Matthias]]>
<![CDATA[ Batulis Civil Law Review Vol 6, No 2 (2025): VOLUME 6 ISSUE 2, JULY 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v6i2.2938
<![CDATA[Introduction: Arbitration awards are one of the effective ways to resolve international business disputes. However, as in other countries, in Taiwan and Indonesia, arbitral awards may be annulled under certain conditions.Purposes of the Research: This study aims to conduct a cross-country analysis of the legal framework used to annul arbitral awards in Taiwan and Indonesia and evaluate the differences and similarities between the two countries.Methods of the Research: The research method used is normative legal research with a statutory approach.Results Main Findings of the Research: The results showed significant differences in the legal framework used to annul arbitral awards in Taiwan and Indonesia. In Taiwan, courts have broad authority to annul arbitral awards, whereas in Indonesia, courts can only annul arbitral awards under certain conditions. However, the two countries have similarities in the mechanism for the annulment of arbitral awards, such as the submission of annulment requests to the courts and the requirements and time limits that must be met to apply for an annulment.]]>
<![CDATA[Equivalence of Protection for Foreign and Domestic Creditors in Debt Restructuring Based on Positive Indonesian Law ]]>
<![CDATA[Anugrah, Dikha]]>;
<![CDATA[Akhamddhian, Suwari]]>;
<![CDATA[Mulyani, Sri]]>;
<![CDATA[Nnawulezi, Uche]]>
<![CDATA[ Batulis Civil Law Review Vol 6, No 2 (2025): VOLUME 6 ISSUE 2, JULY 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.47268/ballrev.v6i2.2918
<![CDATA[Introduction: This article analyzes the legal implications of excluding foreign creditors in corporate debt restructuring in Indonesia. The study highlights the challenges faced by foreign creditors in securing their rights within the Indonesian legal framework, particularly in bankruptcy and Suspension of Debt Payment Obligation (PKPU) proceedings. The case of PT Visi Media Asia serves as a reference to illustrate these challenges and their legal consequences.Purposes of the Research: The purpose of this study is to examine the legal impact of excluding foreign creditors in debt restructuring processes and to compare their legal position with domestic creditors under Indonesian law. By identifying regulatory gaps and inconsistencies, this study aims to provide recommendations for improving creditor protection and ensuring equal treatment in debt resolution mechanisms.Methods of the Research: This research employs a normative legal methodology, utilizing a statutory, conceptual, and analytical approach. Legal materials are collected through document studies, including legislation, court rulings, and scholarly literature. The qualitative analysis is applied to interpret legal norms and evaluate their implementation in real cases, particularly focusing on the case of PT Visi Media Asia.Results Main Findings of the Research: The findings reveal that Indonesia's current legal framework does not fully safeguard foreign creditors in debt restructuring, often favoring domestic creditors in judicial and regulatory practices. The study contributes to the discourse on legal reform by recommending clearer regulations and stricter enforcement to ensure fairness in debt restructuring, fostering investor confidence in Indonesia’s financial system.]]>
