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
45 Documents
<![CDATA[Eksistensi Perjanjian Ditengah Pandemi Covid-19 ]]>
<![CDATA[Kunarso Kunarso]]>;
<![CDATA[A Djoko Sumaryanto]]>
<![CDATA[ Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v1i1.423
<![CDATA[Corona Virus Disease-19 (COVID-19) has a significant impact on all aspects of human life in the world, especially in Indonesia which is very large in area and has a large population (around 267 million people) with different kinds of professions. The purpose of this study is to focus on civil matters, with more emphasis on the problem of agreements that are influenced by Covid-19. The normative legal research method uses a statutory approach, and a conceptual approach to force majeure and describes an analysis (analytical descriptive). The results showed that the agreement in the state of the Covid-19 outbreak greatly influenced the implementation of the agreement set and agreed upon by the parties, because the agreement binds the parties, so the parties are subject to the contents of the agreement.]]>
<![CDATA[Hak Pakai Atas Tanah Hak Milik dan Penyelesaian Sengketa ]]>
<![CDATA[Suryani Sappe]]>;
<![CDATA[Adonia Ivone Latturete]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.560
<![CDATA[The process of the occurrence of use rights over land is based on statutory regulations and government regulations to prevent misuse of the administration process. However, in this era of increasingly modern life, there are many disputes relating to control and use of land for public, individual and private interests. The right to use is not at all a new land rights institution, but it is less well known than the ownership rights, land use rights, or building use rights, for that it requires a correct understanding of the right to use in order to use it responsibly. The purpose of this paper is to study and analyze the arrangements for use rights over land with ownership rights and to study and analyze the process of settling usufructuary disputes over land with ownership rights. The method used in this research is the normative juridical method using the statute approach and the conceptual approach, and the case approach is then studied and used as material for descriptive analysis in order to obtain answers to the problems that occur. The results of the research show that the regulation of use rights over land with ownership rights is very important because, when the right to use stands, buildings or objects become assets of the recipient of the right to use. So when the right of use expires or is canceled it will have a legal effect on the objects on it, thus it is hoped that there must be regulations governing objects or buildings that are included in the relinquishment of use rights even though there is an agreement made by the parties.]]>
<![CDATA[Sejarah Perbandingan Sistem Pendaftaran Paten Di Amerika Serikat Dengan Di Indonesia ]]>
<![CDATA[Elisa Sugito]]>;
<![CDATA[Erwin Syahruddin]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.459
<![CDATA[Patent protection in a country cannot be separated from the registration system adopted in that country. In the United States the patent registration system is based on the first-to-invent principle. Even though the United States uses the first-to-invent principle, the United States also regulates protection requirements as European countries, Japan and Indonesia are in the form of new discoveries, containing inventive steps, and can be applied in industry. Meanwhile in Indonesia, the patent protection system used is the first to file system, which is a system that grants patent rights to those who first register a new invention in accordance with the requirements. The purpose of this research is to study and analyze the comparative history of the patent registration system in the United States with the patent registration system in Indonesia. The type of research method used is normative legal research with a comparative law approach and a legal history approach. The results of the study found that patent protection in European countries, the United States, Japan and Indonesia has similarities in protection requirements that regulate novelty, inventive steps, and industrial applications.]]>
<![CDATA[Karakteristik Hak Cipta Sebagai Objek Jaminan Fidusia ]]>
<![CDATA[Merry Tjoanda]]>
<![CDATA[ Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v1i1.424
<![CDATA[A creator has the exclusive right to enjoy his own creation or to give permission to others to use his creation. The purpose of this study is to examine the characteristics of copyright that have the prospect of being used as collateral for credit, because copyright has economic value and can be transferred either entirely or partly because of inheritance, grants, wills, written agreements or other justified reasons. by laws and regulations. The method used is a type of normative legal research with a statutory approach and a conceptual approach. The results show that the characteristics of copyright as a fuduciary guarantee, which is an intangible movable object, can be used as an object of fiduciary security, even though the determination of the value or nominal value of copyright has no standard provisions, but parties can ask for advice from experts.]]>
<![CDATA[Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak ]]>
<![CDATA[Nurainy Usman]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Saartje Sarah Alfons]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.561
<![CDATA[This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.]]>
<![CDATA[Perlindungan Hukum Bagi Artis atas Penggunaan Potret dalam Cover Novel Fanfiksi ]]>
<![CDATA[Paramita Cahyaning Dewanti]]>;
<![CDATA[Rahmadi Indra Tektona]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.467
<![CDATA[Intellectual Property Rights translated from Intellectual Property Right are the right to do something on the intellectual property which is regulated by applicable norms or laws. The purpose of this thesis research consists of general objectives and specific objectives, namely to find out and analyze the form of legal protection for Portraits, legal consequences, and efforts to resolve Portrait disputes. The research method includes the juridical - normative research type, while the research approach used is the statute approach. The result of this research is that portrait work is one of the copyrighted works protected by copyright law. which is contained in article 40 paragraph 1. This protection is given to the creator, namely the photographer and the copyright holder is the person photographed. This protection is given to motivate and encourage the creativity of creators who can create economic growth based on the scope of art, literature and science and provide an understanding to the public that portrait works are protected by law No. 28 of 2014 concerning copyright, where there is a prohibition for other people. use the copyright work arbitrarily without the permission of the creator or copyright holder. Acts of violating the copyright of Portrait's works that are used commercially without rights can be sued civil or criminal or can be done both, but if you want to do both, you must prioritize civil settlement then criminally. but the verdict of his civil case cannot waive his criminal sentence. Then to resolve the dispute, it can be done by litigation and also in non-litigation, namely dispute resolution by negotiation, mediation, and arbitration.]]>
<![CDATA[Implikasi Hukum Putusan Pengadilan terhadap Pembatalan Perkawinan ]]>
<![CDATA[Muchtar Anshary Hamid Labetubun]]>;
<![CDATA[Sabri Fataruba]]>
<![CDATA[ Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v1i1.430
<![CDATA[Cancellation of a marriage begins after the Court decision has permanent legal force and is valid since the time the marriage takes place. The purpose of this study is to examine and analyze the legal implications of court decisions on cancellations made after marriage because it involves protecting the rights and obligations of the parties (husband and wife). The research method used is the type of normative research with a statutory approach, a conceptual approach and a case approach. The results showed that the cancellation of a marriage has permanent legal force, the separation is different from the husband and wife who separated due to divorce, but the obligation of iddah still applies to women whose marriage is canceled, while the provision of living has different provisions, namely, not getting a living from her ex-husband, because a marriage with a fasid contract that does not require a living. Cancellation of a marriage begins after a court decision has permanent legal force, and is effective from the time the marriage takes place.]]>
<![CDATA[Penerapan Prinsip Character Dalam Pelaksanaan Prinsip Kehati-hatian pada Analisis Pemberian Kredit Usaha Mikro ]]>
<![CDATA[Rahmadi Indra Tektona]]>;
<![CDATA[Qoriatur Risma]]>
<![CDATA[ Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v1i1.420
<![CDATA[Credit is the ability to carry out a purchase or make a loan with a promise that payment will be deferred at an agreed time period. One financial institution that can provide credit is the bank, when providing credit the bank not only uses its own capital but also uses the customer's funds that have been entrusted to the bank. When providing credit, the bank cannot avoid the risk of non-performing loans, related to this, the bank applies the precautionary principle that is realized by the existence of the 5C principle, one of which is character. The application of the character principle aims to assess the character or character of the prospective debtor, whether the prospective debtor has a good character or is not good. The purpose of this paper is to analyze the factors driving and inhibiting the implementation of character principles in the analysis of micro business credit as a form of implementing prudential principles at Bank Mandiri Jember Branch. The type of research used by the author is Empirical Juridical. Then the method used is a qualitative approach method. The results of this research are the driving factors consisting of several factors, among others, in order to make credit activities run safely, minimize losses, ensure the smooth delivery of credit facilities, and build cooperation and trust between banks and customers for a long period of time. Related to the inhibiting factors consist of non-cooperative customers, bad faith in bank management, human resources, and proximity.]]>
<![CDATA[Tinjauan Hukum atas Pembagian Harta Gono Gini Pasangan Suami Istri yang Bercerai ]]>
<![CDATA[Mushafi Mushafi]]>;
<![CDATA[Faridy Faridy]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.473
<![CDATA[This article discusses the legal provisions for the distribution of gono gini assets to divorced married couples. The research objective is to reveal the legal aspects and juridical provisions regarding the distribution of gono gini assets for divorced married couples. The research method used in writing this article is normative juridical. Based on the results of the research that the distribution of Gono gini assets in divorce cases and divorce cases, each husband and wife gets an equal half of the share. The gono gini distribution of assets refers to al-Quran Surat an-Nisa ayat 32, where it is stated that for all men there is a part of what they earn and all women have a share of what they earn as well.]]>
<![CDATA[Akibat Hukum dalam Perkawinan yang Dilakukan oleh Suami Tanpa Ijin Istri Sahnya ]]>
<![CDATA[Barzah Latupono]]>
<![CDATA[ Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v1i1.431
<![CDATA[Marriage is a very sacred bond. The purpose of this research is to study and analyze the existence of household life phenomena that occur misunderstandings, disputes, quarrels, which are prolonged, which trigger a break in the relationship between husband and wife, but there are also disputes in the household but do not break the relationship in the sense of divorce but the husband has an affair. The research method used in this research is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the research show that the husband performs the next marriage, it is permissible in Islamic law as long as there is honesty and permission from the first wife, but if a marriage is carried out secretly without the permission of the first wife then this marriage will bring harm to the parties and this kind of marriage will not will be recognized by religious law and State law which will result in the parties not getting recognition and protection by law because the marriage is considered invalid and can be canceled.]]>
