Batulis Civil Law Review
https://fhukum.unpatti.ac.id/jurnal/ballrev
<center><p><img src="/jurnal/public/site/images/fhukum/Cover_Depan_Ballrev(296x383).jpg" alt="Batulis Civil Law Review" loading="lazy" /></p></center><hr /><div><table class="data" width="100%" bgcolor="#f3fff0"><tbody><tr valign="top"><td width="20%">Journal Title</td><td width="80%">Batulis Civil Law Review<strong></strong></td></tr><tr valign="top"><td width="20%">Journal Abbreviation</td><td width="80%">Batulis Civ. Law Rev. <strong></strong></td></tr><tr valign="top"><td width="20%"><span>Subject</span></td><td width="80%">Civil Law</td></tr><tr valign="top"><td width="20%"><span>Language</span></td><td width="80%"><span>English (preferred), Indonesia</span></td></tr><tr valign="top"><td width="20%"><span>ISSN</span></td><td width="80%"><span><a href="https://issn.brin.go.id/terbit/detail/1589435802" target="_blank">2746-8151</a> (online), <a href="https://issn.brin.go.id/terbit/detail/1589435326" target="_blank">2722-4465</a></span> (print)</td></tr><tr valign="top"><td width="20%"><span>DOI Journal</span></td><td width="80%"><a href="https://doi.org/10.47268/ballrev" target="_self">10.47268/ballrev</a> by CrossRef</td></tr><tr valign="top"><td width="20%">Frequency</td><td width="80%">3 issues per year (March, July, November)</td></tr><tr valign="top"><td width="20%">Editor-in-chief</td><td width="80%"><a href="https://www.scopus.com/authid/detail.uri?authorId=57211584898" target="_blank">La Ode Angga</a></td></tr><tr valign="top"><td width="20%">Managing Editor</td><td width="80%"><a href="https://www.scopus.com/authid/detail.uri?authorId=57211689127" target="_blank">Muchtar Anshary Hamid Labetubun</a></td></tr><tr valign="top"><td width="20%"><span>Publisher</span></td><td width="80%"><a href="/" target="_blank">Fakultas Hukum Universitas Pattimura</a></td></tr><tr valign="top"><td width="20%"><span>Indexing</span></td><td width="80%"><a href="https://doaj.org/toc/2746-8151" target="_blank"><strong>DOAJ</strong></a> | <strong><a href="https://sinta.kemdikbud.go.id/journals/profile/10779" target="_blank">SINTA 4</a></strong> | <a href="/jurnal/index.php/ballrev/pages/view/indexer" target="_self">more info..</a></td></tr><tr valign="top"><td width="20%"><span>Citation Analysis</span></td><td width="80%"><a href="/jurnal/ballrev/pages/view/scopuscitation">SCOPUS</a> | <a href="https://app.dimensions.ai/discover/publication?search_mode=content&or_facet_source_title=jour.1405203" target="_blank">Dimensions</a> | <a href="https://scholar.google.co.id/citations?user=Kb-8haIAAAAJ" target="_blank">Google Scholar</a></td></tr><tr valign="top"><td width="20%">Repository Policy</td><td width="80%"><a href="https://v2.sherpa.ac.uk/id/publication/39445" target="_blank">SHERPA/RoMEO</a> | <a href="/jurnal/ballrev/about/editorialPolicies#custom-2" target="_blank">Author Self-Archiving Policy</a></td></tr><tr valign="top"><td width="20%">OAI</td><td width="80%"><a href="/jurnal/ballrev/oai" target="_blank">https://fhukum.unpatti.ac.id/jurnal/ballrev/oai</a></td></tr></tbody></table></div><hr /><br /><div><strong>Batulis Civil Law Review</strong> (<em>Batulis Civ. Law Rev</em>. -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.</div><div> </div><div><span><strong>Batulis Civil Law Review</strong> has been accredited by Direktorat Jenderal Pendidikan Tinggi, Riset, dan Teknologi No. 79/E/KPT/2023 (SINTA 4), Valid from Vol. 2 No. 1, 2021 until Vol. 6. No. 2, 2025.</span></div><br /><h3>Focus and Scope</h3><p>Focus and Scope Batulis Civil Law Review discusses various topics of Legal Sciences, especially in the field of Civil Law including:</p><ul><li>BW Civil Law, </li><li>Civil Procedure Law, </li><li>Commercial Law, </li><li>Agrarian Law, </li><li>Agreement Law, </li><li>Inheritance Law,</li><li>Customary Law, </li><li>Islamic Law, </li><li>Economic / Business Law, </li><li>Environmental Civil Law, </li><li>and other sections related to contemporary issues in the field of Civil Law.</li></ul><p> </p><p>BALLREV has been indexed by :</p><center><p><a href="https://doaj.org/toc/2722-4465" target="_blank"><img src="/jurnal/public/site/images/fhukum/doaj-new2.png" alt="" loading="lazy" /></a> <a href="https://scholar.google.co.id/citations?user=Kb-8haIAAAAJ" target="_blank"><img src="/jurnal/public/site/images/fhukum/google.png" alt="Google Scholar" loading="lazy" /></a> <a href="https://app.dimensions.ai/discover/publication?search_mode=content&or_facet_source_title=jour.1405203" target="_blank"><img src="/jurnal/public/site/images/fhukum/dimensions2.png" alt="" loading="lazy" /></a><a href="https://sinta.kemdikbud.go.id/journals/profile/10779" target="_blank"><img src="/jurnal/public/site/images/fhukum/sinta_logo1.png" alt="" loading="lazy" /></a> <a href="https://garuda.kemdikbud.go.id/journal/view/21370" target="_blank"><img src="/jurnal/public/site/images/fhukum/garuda2.png" alt="garuda" loading="lazy" /></a> <a href="https://portal.issn.org/resource/ISSN/2746-8151" target="_blank"><img src="/jurnal/public/site/images/fhukum/road1.png" alt="road" loading="lazy" /></a></p></center><p><a href="/jurnal/index.php/ballrev/pages/view/indexer" target="_self">View full indexing services.</a></p>Fakultas Hukum Universitas Pattimuraen-USBatulis Civil Law Review2722-4465<p align="justify"><strong>Copyright:</strong></p><p align="justify">Authors who publish their manuscripts in this Journal agree to the following conditions:</p><p>1. The copyright in each article belongs to the author, as well as the right to patent.</p><p>2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.</p><p>3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</p><p>4. Authors have the right to self-archiving of the article (<a href="/jurnal/ballrev/about/editorialPolicies#custom-2" target="_blank">Author Self-Archiving Policy</a>)</p><p> </p><p align="justify"><strong>Licence :</strong> <strong>Batulis Civil Law Review</strong> Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.</p><p> </p><p align="justify"><a href="http://creativecommons.org/licenses/by-nc/4.0/" rel="license"><img style="border-width: 0;" src="https://i.creativecommons.org/l/by-nc/4.0/88x31.png" alt="Lisensi Creative Commons" loading="lazy" /></a><br /><span>This work is licensed under a</span> <a href="http://creativecommons.org/licenses/by-nc/4.0/" rel="license">Creative Commons Attribution-NonCommercial 4.0 International License</a>.</p>The Effects of Trademark Registration for MSMEs
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1772
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>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. <strong></strong></em></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><strong><em> </em></strong><em>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.</em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>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.</em></p><strong><em>Results of the Research: </em></strong><em>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.</em>Agustina BalikMerry TjoandaRonald Fadly Sopamena
Copyright (c) 2023 Agustina Balik, Merry Tjoanda, Ronald Fadly Sopamena
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2023-11-142023-11-14429510410.47268/ballrev.v4i2.1772The Urgency of Village Fund Management Planning
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1836
<p><strong><em>Introduction: </em></strong><em>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.</em><strong><em> </em></strong><strong><em></em></strong></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><em>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.</em><em></em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>This paper was produced by conducting research using normative legal research methods.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>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.</em>Sarah Selfinah KuahatyTheresia Louize PesulimaRoulinta Yesvery Sinaga
Copyright (c) 2023 Sarah Selfina Kuahaty, Theresia Louize Pesulima, Roulinta Yesvery Sinaga
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2023-11-142023-11-144210511210.47268/ballrev.v4i2.1836Rights and Position of Home Children In The Sanahu Community of West Part of Seram District
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1840
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>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.<strong></strong></em></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><em>To find out and analyze the rights and position of returning children in the Sanahu Community, West Seram Regency.</em><em></em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>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.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>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.</em>Barzah LatuponoAdonia Ivonne LaturettePieter Radjawane
Copyright (c) 2023 Barzah Latupono, Adonia Ivonne Laturette, Pieter Radjawane
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2023-11-142023-11-144211311810.47268/ballrev.v4i2.1840The Principle of Good Faith In Transactional Agreements In The Community of West Seram Regency
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1842
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>In the western Seram Regency, in some contracts made by the people of Wasia and Rumahkay villages, there is an imbalance in the implementation of contracts where contracts that occur most often are oral contracts in addition to written contracts, where each contract made often does not fulfill the elements of Article 1338 of the Civil Code which contains the principle of good faith.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research: </em></strong><em>to find out how The Principle Of Good Faith In Transactional Agreements In The Community Of West Seram Regency.</em><strong><em> </em></strong><strong><em> </em></strong><em></em></p><p><strong><em>Methods of the Research: </em></strong><em>This Study Case uses sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods.</em><strong><em> </em></strong><em></em></p><p><strong><em>Results of the Research: </em></strong><em>The consequences of the existence of the principle of bad faith in the agreement being canceled because it did not fulfill the subjective requirements in the agreement. The solution is the need for encouragement for the Village Government as a Transactional Agreement Deed Facilitator as a preventive measure to reduce the inequality of agreements. In addition, there is a need for a standardized agreement format provided by the village government to meet the transactional needs of the community.</em></p>Rory Jeff AkyuwenWijaya Natalia PanjaitanSyadzwina Hindun Nabila
Copyright (c) 2023 Rory Jeff Akyuwen, Wijaya Natalia Panjaitan, Syadzwina Hindun Nabila
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2023-11-142023-11-144211912810.47268/ballrev.v4i2.1842Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1713
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>Article 45 paragraph 1 letter e creates legal uncertainty regarding the rights of the auction winner in terms of transfer of rights and control of the auction object due to a blockade from the debtor or other party.<strong></strong></em></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><em>The purpose of this research is to examine the legal certainty of Article 45 Paragraph 1 Letter e of Government Regulation No. 24 of 1997 concerning Land Registration against blocking of auction objects and legal protection for auction winners executing mortgage rights in the event of blocking of auction objects.</em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>The research method used is normative legal research.</em></p><strong><em>Results of the Research: </em></strong><em>The results of the study show that the form of legal protection for the auction winner is preventive legal protection, in which the name transfer process by the auction winner should still be carried out by understanding the meaning of Article 45 paragraph 1 lettere, namely the material claim or dispute referred to is limited to ownership disputes, not debts. Furthermore, legal protection is repressive, i.e. the auction winner can request assistance from the District Court to empty the object. The auction winner can hold the seller accountable in the form of compensation, and the auction winner can file a lawsuit against the unlawful act against the blockade applicant and the Land Office as the institution authorized to carry out block records.</em>Rizky Melani Dian PratiwiHanif Nur WidhiyantiDiah Aju Wisnuwardhani
Copyright (c) 2023 Rizky Melani Dian Pratiwi, Hanif Nur Widhiyanti, Diah Aju Wisnuwardhani
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2023-12-022023-12-024212914210.47268/ballrev.v4i2.1713Right to Fair Hearing in Employment Disciplinary Proceedings Related to Misconduct in Tanzania
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1667
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>The right to fair hearing is one of the principles of natural justice that is constitutionally provided for in Tanzania. Number of principal and subsidiary legislations have been enacted to promote the right to fair hearing in employment proceedings. Despite the legal protection, disciplinary proceedings related to misconduct have been persistently decided without affording the accused the right to a fair hearing.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><em>The study aimed at examining the gap that exists between the law protecting the right to fair hearing and the actual practice in organisations.</em><em></em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>The study made use of library and field research. Data was collected by using documentary review to collect data from legal documents and published material. Semi-structured interviews were used to collect data from 14 respondents obtained from one of local government authorities in Tanzania.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>The study found that existing law have established standards that are capable of promoting the right to fair hearing in disciplinary proceedings. Further, the study observed that there is a gap between law and practice when it comes to promoting the right to fair hearing in disciplinary proceedings related to misconduct. The gap has to do with failure to adequately comply with procedural fairness during hearing. As per the reviewed literature this is the first study to examine the gap between law and practice relating the right to fair hearing with focus on disciplinary proceedings related to misconduct.</em>Kelvin M MwitaMatilda Lameck
Copyright (c) 2023 Kelvin M Mwita, Matilda Lameck
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2023-12-022023-12-024214315710.47268/ballrev.v4i2.1667Sanctions For Non-Performing Corporate Social Responsibility
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1751
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>Companies are legal materials that have a role in national development. Its role can be realized by carrying out corporate social and environmental responsibilities as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. However, many companies neglect this responsibility.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><em>The purpose of this study is to analyze the sanctions related to companies that do not carry out these responsibilities.</em><em></em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>The method in this research is normative juridical. In this study also used literature study. In terms of reviewing this research, a judical basis was used which consisted of Law Number 40 of 2007 and Government Regulation Number 47 of 2012.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>Based on the results of the research, it was found that the laws and regulations governing corporate social and environmental responsibility have a legal vacuum, namely that there are no clear sanctions for companies that do not carry out these responsibilities. The urgency of regulation is sanctions because by not regulating sanctions, there is an ambiguity of norms that will lead to legislative law.</em>Febri JayaRufinus Hotmaulana HutaurukShelvi Rusdiana
Copyright (c) 2023 Febri Jaya, Rufinus Hotmaulana Hutauruk, Shelvi Rusdiana
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2023-12-022023-12-024215816710.47268/ballrev.v4i2.1751Optimizing the Improvement of Judge Competence in Settlements of Sharia Economic Disputes in Religious Courts
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1718
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>This is motivated by the increasingly widespread sharia economic disputes being handled by the Religious Courts, so that an institution is needed that can create the character of judges that are in accordance with the expectations of society. The institution is the Research and Development Agency for Legal and Judicial Education and Training of the Supreme Court of the Republic of Indonesia (Balitbang Diklat Kumdil MA-RI).</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><em>This paper describes the legal symptoms or legal facts related to the ability of religious court judges to decide cases related to sharia economics and studies the education and training curriculum for judges within the scope of the Supreme Court of the Republic of Indonesia </em><em>No. 4 of 2019 concerning Procedures for Simple Claims and Supreme Court Regulation No. 14 of 2016 concerning Procedures for Settlement of Sharia Economic Disputes</em><em></em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>This paper uses a normative juridical approach.</em><em></em></p><p><strong><em>Results of the Research: </em></strong><em>Implementation of the curriculum at the Ministry of Education and Training Research and Development of the Supreme Court ‘Kumdil’ aims to improve the ability to organize training. The capacity building referred to is one of the certifications of sharia economic judges which is aimed at forming the quality of judges' resources in the technical field of justice who are professional, have integrity and are independent in resolving sharia economic disputes.</em></p>Deby AdeliaAni YumarniDadang Suprijatna
Copyright (c) 2023 Deby Adelia, Ani Yumarni, Dadang Suprijatna
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2023-12-022023-12-024216818210.47268/ballrev.v4i2.1718The Phenomena of Kabalutan In The Highlights of Islamic Marriage Law
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1752
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>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.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><em>It is important to know and analyze how the implementation of marriage in Kabalutan Village is viewed from the perspective of Islamic law</em><strong><em>.</em></strong><em></em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>The method used is an empirical legal research method with primary data sources from religious leaders, community leaders, and the community in the village.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>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.</em>Nurhayati Sutan NokoeSusi SusilawatiNursiah Moh YunusAshar RidwanIlham Nurman
Copyright (c) 2023 Nurhayati Sutan Nokoe, Susi Susilawati, Nursiah Moh. Yunus, Ashar Ridwan, Ilham Nurman
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2023-12-022023-12-024218319710.47268/ballrev.v4i2.1752The Normativity of Limited Company Under Job Creation Law Regime: A Critical Legal Studies Perspective
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1784
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>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.<strong></strong></em></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><strong><em> </em></strong><em>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.</em></p><p><strong><em>Methods of the Research: </em></strong><em>This paper uses a normative juridical approach</em><em></em></p><strong><em>Results of the Research: </em></strong><em>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.</em>Setijati SekarasihAbdul Rachmad BudionoSukarmi SukarmiBudi Santoso
Copyright (c) 2023 Setijati Sekarasih, Abdul Rachmad Budiono, Sukarmi Sukarmi, Budi Santoso
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2023-12-022023-12-024219822310.47268/ballrev.v4i2.1784Decoding Creativity in the Digital Age: Blockchain Unveiled - Navigating Opportunities and Challenges in Copyright Protection
https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1832
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>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.</em></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><strong><em> </em></strong><em>This study endeavors to analyze the opportunities and challenges associated with the implementation of blockchain technology in safeguarding digital copyright.</em></p><p><strong><em>Methods of the Research:</em></strong><strong><em> </em></strong><em>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. </em><em></em></p><strong><em>Results of the Research: </em></strong><em>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.</em>Hari Sutra DisemadiJunimart GirsangSelina Selina
Copyright (c) 2023 Hari Sutra Disemadi, Junimart Girsang, Selina Selina
http://creativecommons.org/licenses/by-nc/4.0
2023-12-022023-12-024222423810.47268/ballrev.v4i2.1832