The Principle of Legal Certainty in Settlement Bad Credit Through Simple Lawsuit

Abstract

One of the principles in the Civil Procedure Code is the principle of simplicity, speed and low cost. This is certainly the hope of every individual who is in court. By applying the principle of simple, fast and low-cost justice in the settlement of civil cases, it is hoped that the settlement process will not be delayed and can be completed in a short period of time, so that the costs incurred by the parties are not too high. In terms of realizing the simple, fast and low-cost principle, the Supreme Court (MA) issued Supreme Court Regulation (Perma) Number 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits (Perma Simple Claims) which was stipulated on 7 August 2015 by the Chief Justice of the Supreme Court. The issuance of the Simple Lawsuit Lawsuit is a response to the wishes of the public who need a simpler, quicker and lower cost dispute settlement procedure, especially in simple legal relations. In line with the development of time and the need to settle cases with simple lawsuits, Perma Number 2 of 2015 was subsequently amended by Supreme Court Regulation Number 4 of 2019 concerning Procedures for Settlement of Simple Claims. The principle of legal certainty in simple lawsuit procedures for debtors and creditors in credit agreements is that justice can be realized which includes elements of institutional certainty, mechanism certainty, and various predictive outputs. The application of procedural law must be flexible, not rigid and formalistic, in the interests of justice seekers who always want a simple, fast, inexpensive, thorough and final settlement of cases in accordance with the needs of today's society in Indonesia.