Abstract
One of the alternatives to renew the law is by forming regulations and the litigation institutions that can accommodate the society. In private litigation proceeding, manifestation of ideas in litigation reform can be seen through by the Supreme Court Regulation (PerMA) No. 2 Year 2015. This fast procedural mechanism is called small claims court (SCC). This article discuss es the effectiv eness of SCC implementation in Indonesia as one of the states that enact s civil law system, and its regulation in order to renew civil law procedures. Research methodology used juridical-normative while the results show that SCC is effectively enacted in Indonesia. The prevailing regulation currently in PerMA is to fill the gap of law, considering that the legislation process takes time to establish an act . Thus, it is best for Indonesia to establish SCC within a certain act in the future, to pursue the unification of law within the regime of private law procedures . Keywords : effectiveness, civil law, small-claims court, renewal of law
Highlights
Law development must be done thoroughly regarding its complementary
Research methodology used juridical-normative while the results show that Small Claims Court (SCC) is effectively enacted in Indonesia
According to civil law enforcement system through the administration of justice, it is initiated by making legal regulations, sanctions, and so on according to the juridical pattern
Summary
Law development must be done thoroughly regarding its complementary. Law system is a complex organization which interacts among structure, substance and culture. The existence of Supreme Court Regulation No 2 of 2015 is in accordance with the needs of people seeking justice, as a temporary solution to get around yet enactment of the national civil procedural law in order to avoid a legal vacuum. This is in line with the opinion of Mochtar Kusumaatmadja which states that adequate law does not regard the law as a set of rules and principles that regulate human life in society but it should include the institution and process needed to realize law is in reality of the society. How is the existence of SCC in Indonesia as set up in the Supreme Court Regulation No 2 of 2015; and second, How is the concept of setting SCC in order to reform the national civil procedural law
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