Abstract
The implementation of Small Claims court mechanism according to Supreme Court Regulation (PERMA) Number 2/2015 concerning Procedures for Small-Claims Court Resolution recently granted a breakthrough in the civil justice system particularly in Indonesia. It was reached by the Supreme Court in order to reduce the court burden against cases with disputes below IDR 200 million rupiah. The disputes resolution by Small Claims court mechanism is done by a single judge assisted with registrar and must completed within 25 working days, the final decision is binding, thus unable to ask for appeal or judicial review. This article tries to comprehend dispute resolution through Small Claims mechanism in several state courts, such as Medan district Court, Palu, and the Jember. The study, also aims to comprehend the comparison of Small Claims mechanism in Indonesia and small claims in the Netherlands and UK in business disputes resolution. The study employs a normative juridical method. Based on the studies, the implementation through Small Claims court mechanism in Indonesia has been carried out in accordance with the Supreme Court Regulation Number 2/2015. Comparison on business dispute resolution using Small Claims court mechanism in Indonesia and in Netherlands and UK proof that the proof mechanisms whether in Indonesia, Netherlands and United Kingdom relatively simple. Legal remedies for Small Claims decision in Indonesia and the verdict in the Netherlands and in England are limited. The distinction is that the case number in Indonesia is higher than the number in the Netherlands and England.
Highlights
The implementation of Small Claims court mechanism according to Supreme Court Regulation (PERMA) Number 2/2015 concerning Procedures for Small-Claims Court Resolution recently granted a breakthrough in the civil justice system in Indonesia
SMALL CLAIM COURT MECHANISM AT JURISDICTION The term small claims court as cited in the Supreme Court Regulation Number 2 of 2015 concerning Procedures for small claims court resolution is a procedure for resolving civil disputes with certain conditions and restrictions with process simplification purposes cases resolution can run quickly in accordance with the principle of justice, known as simple, fast and lowcost conducted
Prior to the issuance of Supreme Court Regulation Number Number 2 of 2015 concerning Procedures for Small Claims court, cases with small claim value continue through proceedings in court in accordance with the provisions of Herziene Indonesische Reglement (HIR) / Reglement Buitengewesten (RBg)
Summary
Based on Article 60 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution, the arbitral decision is final, has a permanent legal force and binds the parties This provision confirms the absence of a tiered settlement mechanism. Some countries that have organized simple justice procedures for lawsuits with small case values include Australia, Austria, Canada, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Korea, Mexico, the Netherlands, Norway, Poland, Portugal, 11 Article 2 Law No 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. B. RESEARCH QUESTIONS Some of the legal issues to be examined in the current formulated study are as follows: 1) What is the Small Claim Court mechanism in the business disputes resolution in the state courts in Indonesia (the Medan District Court, the Jember District Court and the Palu District Court) in the context of implementing a fast trial principle?. 2) How is the comparison among the Small Claim Courts law in Indonesia, the Netherlands and the United Kingdom in resolving business disputes?
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