In the first instance of the court, the dispute resolution process does not take place effectively. 2 of 2015 (SC Reg 2/2015) in relation to the Small Claims Court Decision confirmed that small claims courts are included in the absolute authority of the district court.
Data Analysis Method
Secondary legal material is judicial material that can provide an explanation of primary legal material.21 This includes the results of research, books, literature, scientific articles and journals that discuss in detail the court mechanisms for small claims and business dispute resolution processes. SMALL CLAIMS COURT MECHANISM BY JURISDICTION The term small claims court (hereinafter referred to as the SCC) as.
SMALL CLAIM COURT MECHANISM AT JURISDICTION The term small claims court (hereafter referred to as the SCC) as
The reasons for resorting to small claims court compared to the civil dispute resolution procedure are generally cited as follows:29. The requirements for appearing in court for small claims are:30 1) The plaintiff is a natural or legal person;.
BUSINESS DISPUTES RESOLUTION
Based on the description above, small claims court is the venue of choice for certain disputes with various requirements, and the claimant is allowed to choose whether to do so in the form of small claims court or through an ordinary claim if. In principle, therefore, the small claims court offers solutions and benefits to litigants a model of dispute resolution with low costs, fast processing time and uncomplicated procedures as in ordinary civil case resolution in the district court.
TYPES OF BUSINESS DISPUTES
Based on article 1313 of the Civil Code, the agreement is defined as “An agreement is an act by which one or more persons are bound to another or more persons”. Disputes relating to this assignment are categorized in the lex generalis in accordance with the provisions of the Dutch Civil Code. Article 1365 of the Civil Code stipulates that “any act contrary to the law and causing damage to another person requires the person who caused the wrong to make good and compensate for the damage”.
The definition of illegal acts in Indonesia comes from the Dutch language terminology, called "Onrechtmatige Daad". The purpose of the term "against" is "intentionally performing an action that causes harm to others".
MECHANISMS OF BUSINESS DISPUTE SETTLEMENT Business disputes can be overcomed in various ways, either
- Business Dispute Settlement through Arbitration
- Business Dispute Settlement through court
- IMPLEMENTATION OF FAST PRINCIPLES THROUGH SMALL CLAIMS COURT IN STATE COURTS
- IMPLEMENTATION OF SMALL CLAIMS COURT IN SEVERAL STATE COURTS IN INDONESIA (THE MEDAN
In relation to arbitration, alternative dispute resolution can be divided into two types as follows: 41. The purpose of alternative to adjudication is that arbitration is not included in alternative dispute resolution. The scope of disputes that can be resolved by arbitration is strictly regulated in Section 5 of Law Number 30 of 1999 regarding Arbitration and Alternative Dispute Resolution.
The dispute resolution mechanism through the small claims court is one of the efforts to limit the number of cassation attempts before the Supreme Court. In Indonesia, the average resolution of business disputes takes up to 460 days, with the required costs amounting to 118% of the value of the case. Through the small claims court, it is determined that the dispute resolution process is based on the value of the claim, with the value of the small claims court can be processed more quickly and the investigation is limited only to the district court level.
The implementation of dispute resolution through the small claims court mechanism to be considered in some state courts in Indonesia is the implementation of small claims court in Medan District Court, Palu District Court and Jember District Court.
RESEARCH IN THE MEDAN DISTRICT COURT
IMPLEMENTATION OF SMALL CLAIMS COURT IN SEVERAL STATE COURTS IN INDONESIA (THE MEDAN DISTRICT COURT, THE PALU DISTRICT COURT, AND THE JEMBER DISTRICT HOF). is not simple, the judge will issue a determination to cross lawsuit from the small claims court register The case of the small claims court in the Medan District Court will be decided not later than 25 working days from the first day of the trial in the presence of the full Plaintiff and Defendant.
This is because Supreme Court Regulation No. 2 of 2015 on Procedures for Court Settlement of Small Claims does not explain how simple the verification criteria are. The case value in the Small Claims Court is at most IDR 200 million in Medan District Court's jurisdiction, it is considered very small.
RESEARCH AT THE PALU DISTRICT COURT
In small claims court, based on legal facts (evidence), the judge makes a major dispute and draws simpler conclusions. This is because the rule of Common Law law in a small claims court dispute is not as complicated as a normal civil case. And in the application of the small claims court, the losing party of the majority has made the decision voluntarily.
The small claims court dispute resolution process is quick and cheap and even simple to prove. The weakness of the small claims court is that the court must be attended by the parties accompanied or unaccompanied by their legal advisor or known as power of attorney.
RESEARCH IN THE JEMBER DISTRICT COURT
THE COMPARISON OF SMALL CLAIMS COURTS IN INDONESIA AND IN THE UK AND IN THE NETHERLANDS
The comparison of small claims courts in Indonesia and in the United Kingdom and in the Netherlands consists of the comparison of small claims court concepts, case criteria, parties, competent courts and case management procedures.
THE CONCEPT OF SMALL CLAIMS COURT IN THE NETHERLANDS
The kortgeding procedure in the Netherlands is divided into two, cases involving other countries of the European Union63 and cases based on the national law of the Netherlands. Each procedure differs based on the entity involved in the case and the type of case. In the small claims court procedure which refers to the unification of laws in the European Union, Regulation (EC) No. 861/2007 of the European Parliament, the criteria for the issues included in the cases that can be examined with the mechanism of small claims. the court are as follows:64.
The case involves at least one legal entity from a country in the European Union other than the Netherlands. The mechanism for implementing the small claims court procedure based on the law in the Netherlands starts with a summons at both the district court and the subdistrict court level.
CONCEPT OF SMALL CLAIMS COURT IN THE UNITED KINGDOM
COMPARISON OF SMALL CLAIMS COURTS IN INDONESIA AND IN THE UK AND IN THE NETHERLANDS
CASE CRITERIA
Meanwhile, the provision applied in Britain in cases that may be cross-examined by the Small Claims Mechanism includes creditors cases, personal damages cases and defaults involving items or property, and housing disputes. Arrangements relating to the Small Claims Court of Indonesia in 2015 Supreme Court Regulation No. 2 stipulated that the case criteria that may be examined by such mechanism are additional to cases where dispute resolution is conducted through special courts as provided in law and litigation. cases involving land rights. Moreover, the value of the claim in the case cannot exceed the amount of IDR two hundred million rupiah.
Based on these comparisons, it can be concluded that the provisions of the criteria of cases that can be considered through the small claims court mechanism in Indonesia have a wider scope compared to the types of cases set out in the Netherlands and the UK. Then in terms of the higher value of the claim, then in Indonesia there is a higher maximum limit compared to the provisions in the Netherlands and England.
PARTIES
Provisions based on Dutch national law have different criteria including employment, rental, agency, leasing and sales contracts for consumers, as well as complaints about traffic fines and minor cases with a maximum claim value of twenty five thousand euros). In Indonesia, all civil laws or cases can be resolved through the mechanism, except for cases in special courts and land disputes. Meanwhile, if the case involves at least one legal entity from another country in the European Union, except the Netherlands, the provisions based on Regulation (EC) No. 861/2007 of the European Parliament apply.
Provisions in Great Britain regarding the skills and authority of parties in bringing cases through the Small Claims Court mechanism are governed by UK civil law. As in Indonesia, the provisions regarding the failure of the parties may refer to the regulations regarding the applicable civil law.
AUTHORIZED COURT
In contrast, specifically in Indonesia, it is regulated as to the number of parties that can present a case, because it is not allowed to be more than one, unless they have the same legal interests. 73.
CASE INVESTIGATION PROCEDURES
Based on these forms, the court will then decide on the most appropriate procedure to resolve the case raised by the parties. Furthermore, on the basis of the document from the registration, a judge will be appointed to assess whether the case can be heard through the mechanism of the subdistrict court judge. An investigation with a small claims court mechanism in the Netherlands is conducted by a single judge.
Based on the cited examination of evidence, a decision is finally made and, however, if the parties are not satisfied, they may file an appeal, which must be filed within 14 days of the decision received by the parties. But in Indonesia, the small claims court inspection mechanism is also examined by a single judge, in the same way as an ordinary investigation.
CONCLUSIONS
Another similarity is that legal remedies on the lawsuit are simple and the small claims court judgment in the Netherlands and in England are both very limited. Such limitation in the effort can be achieved by the speedy principle of dispute resolution.
SUGGESTIONS
Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia, Kementerian Hukum dan Hak Asasi Manusia Republik Indonesia, “Penerapan Mekanisme Pengadilan Gugatan Kecil Dalam Penegakan Hukum di Indonesia, 2017. Elijana, Sosialisasi RUU KUHAP, Bab VII Pasal 4 dan 5, Jakarta, 1 Juli 2013. Adanya peradilan gugatan kecil dalam mewujudkan tercapainya peradilan yang sederhana, cepat dan berbiaya rendah”, Laporan Penelitian Tahun 2012.
Pemanfaatan Short Event dan Quick Event dalam Penyelesaian Sengketa Perdata Tahun 2018 di Pengadilan Tinjauan Kebijakan Undang-Undang Acara Perdata. Perbandingan Penyelesaian Sengketa Konsumen di Indonesia dengan Negara-negara Sistem Common Law” Jurnal Hukum dan Pembangunan, tahun ke-44, no.
