Challenges and Opportunities for Small Claims Court Resolution in the Indonesian Civil Justice System

Abstract

Indonesia is a state of law, this is reflected in the existence of a fundamental judicial power that adheres to the principles of the exercise of judicial power. One of the principles is the principle of simple, fast and low cost. The simple lawsuit settlement mechanism through Supreme Court Regulation Number 4 of 2019 is projected to realize a simple, fast and low-cost justice system. However, in its application, various problems often color the examination process in court. The purpose of this research is to analyze the challenges in the application of simple lawsuit settlement. The research method used is normative juridical and uses juridical and theoretical foundations in analyzing this research. Based on the results of the research, it was found that Indonesia has provided legal certainty in the settlement of simple lawsuits by regulating it in PERMA Number 4 of 2019, showing that the settlement of simple lawsuits is faced with several obstacles and obstacles that often arise in the implementation process, such as the time of settlement of simple lawsuits that exceed the specified time limit, the domicile of the parties is not clear and the execution mechanism is not maximized, weak legal structure and culture factors