The issuance of the Supreme Court Regulation No.2 Year 2015 concerning the settlement procedure of small claim : challenges to realize the affordable, simple, prompt and efficient principle

The issuance of the Supreme Court Regulation No.2 Year 2015 concerning the settlement procedure of small claim : challenges to realize the affordable, simple, prompt and efficient principle

Creators Dananjaya Nyoman Satyayudha

Small claims court (procedure) is well established and utilized effectively for filing a simple and inexpensive civil cases lawsuit. In Indonesia, the small claims court procedure was established under the Supreme Court Regulation No. 2 Year 2015 regarding the Settlement Procedures of Small Claims. Compared to the normal civil procedural law, the small claims procedure is relatively simple and is subject to a strict time frame. Despite, it should be noted that the ordinary civil procedural law would still apply to matters that are not stipulated under this Supreme Court Regulation.After four years since the issuance of this Supreme Court Regulation, several stakeholders recently reviewed the implementation of this Supreme Court Regulation. In addition, several other requirements must be satisfied by disputing parties before they can utilize the small claims court.The provisions concerning the limitation of claims value, related with disputing parties must be domiciled within the same first instance court jurisdiction and also that any claim made does not concern any dispute over land rights or encompass anything that needs to be examined under the jurisdiction of a special court (i.e. commercial court, industrial court, etc.) needs to be reviewed.These requirements become obstacle for the Supreme Court Regulation to realize the affordable,simple, prompt and efficient principle. Furthermore, these requirements can be challenges that need to be addressed and corrected to provide a solution so that the objective of issuing this Supreme Court Regulation can be achieved.

[ISSN]1347-9415

[NCID]AA11831154