Batulis Civil Law Review
ISSN / EISSN : 2722-4465 / 2746-8151
Published by: Fakultas Hukum Universitas Pattimura (10.47268)
Total articles ≅ 16
Latest articles in this journal
Batulis Civil Law Review, Volume 2; https://doi.org/10.47268/ballrev.v2i1.473
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.
Batulis Civil Law Review, Volume 2; https://doi.org/10.47268/ballrev.v2i1.467
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.
Batulis Civil Law Review, Volume 2; https://doi.org/10.47268/ballrev.v2i1.459
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.
Batulis Civil Law Review, Volume 2; https://doi.org/10.47268/ballrev.v2i1.521
The purpose of this research is to multiply the innovation related to civil case administration carried out by E-court by the Religious Court of the City of Banjar and the suitability of case administration based on Regulation No.1 of 2019. This research method is included in the category of field research, with a research approach. qualitative, with data collection techniques carried out through observation, interviews, and documentation. Meanwhile, the data analysis technique is done by analyzing the data inductively. The results show that 1) Civil case administration innovation in PA Banjar City in implementing simple, fast and low cost court principles is by implementing E-court, while still monitoring to avoid extortion and brokering perpetrators who charge fees outside the provisions that apply to people who are looking for justice. 2) The suitability of electronic civil case administration carried out in PA Banjar City refers to Perma No. 1 of 2019 can be said to be appropriate, which is evidenced by the existence of communication and socialization to employees, and ecourt services in PA Banjar City are adjusted to SOP which applies to the Banjar City Religious Court. The down payment fee of the case is adjusted to the radius of each area (plaintiff and defendant). 3) Constraints in using E-court in PA Banjar include Server Errors, Human Resources, excessive time saving, unable to explore the information that must be conveyed by both the plaintiff, defendant, and witnesses due to the limited time available the judge.
Batulis Civil Law Review, Volume 2; https://doi.org/10.47268/ballrev.v2i1.561
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.
Batulis Civil Law Review, Volume 2; https://doi.org/10.47268/ballrev.v2i1.474
The emergence of the Covid-19 pandemic on global economic development has an impact not only on the world economy and investment, but also correlates with aspects of legal development, especially business economy law. One of the areas of business economy law that has also undergone changes in an effort to accommodate the development of modern business transaction practices is bankruptcy law. The purpose of this research is to examine the preventive efforts made by Debtors at Bankrupt Companies to reduce bankruptcy caused by Covid-19 and solutions to protect debtors in companies experiencing bankruptcy. The research method used is juridical normative, primary and secondary legal materials with a statutory approach and a conceptual approach. The results showed that the regulations regarding bankruptcy law in various countries, including Indonesia, tended to change. For example in Europe, in the last few decades European countries have argued that the existing insolvency legal framework has not been able to provide a better economic legal scheme compared to liquidation schemes, so that changes in the substance of bankruptcy have occurred in almost all aspects of the country including the Union. Europe, the American continent, the Asian continent, the African continent, and the Australian continent.
Batulis Civil Law Review, Volume 2; https://doi.org/10.47268/ballrev.v2i1.560
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.
Batulis Civil Law Review, Volume 2; https://doi.org/10.47268/ballrev.v2i1.451
Prior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in this negotiation that the bargaining process takes place. The next stage is the making of a memorandum of understanding, which in this writing is abbreviated as MoU. This study aims to examine whether the MoU can be used as a preliminary agreement as well as the legal strength of the MoU in terms of contract law. This research methodology uses normative legal tracing, primary and secondary legal materials with a statutory approach and a conceptual approach. Based on the research results, in a business contract, the negotiations carried out by the parties are outlined in the MoU as the initial agreement. If in the preliminary agreement stage there is a cancellation unilaterally, then as a legal consequence, the party making the cancellation must be responsible for the losses incurred. This form of responsibility is in the form of refunding costs incurred during negotiations and compensation for lost opportunities to enter into contracts with third parties.
Batulis Civil Law Review, Volume 1; https://doi.org/10.47268/ballrev.v1i1.430
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.
Batulis Civil Law Review, Volume 1; https://doi.org/10.47268/ballrev.v1i1.431
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.