The Implementation of Supreme Court Regulation No.4 of 2019 on Simple Claims Lawsuit Procedures during the Trial Process

Abstract

A simple, fast, and low-cost judiciary as stipulated Judicial Power regulation is expected that the settlement of the case can be resolved in a short and low cost. Currently, the Supreme Court has issued the Regulation on the procedure of settlement of simple claims. This article aims to analyses the implementation of Supreme Court Regulation (PERMA) No. 4 of 2019 as amended of PERMA No.  2 of 2015 on the settlement of simple claims and identify obstacles in its implementation.  This research uses normative research with statute. The data sources used are primary and secondary data conducted with literature studies and interviews with respondents related to simple claims. Moreover, the data analyzed by qualitative descriptive method. The results showed that PERMA No. 4 of 2019 on The Procedure of Simple Lawsuit Settlement has been implemented by the District Court and the Religious Court of Magelang City and Magelang District, although not yet significantly implemented. This means that there are still courts that have not implemented the PERMA, this is because there are still many people who have not known about the simple claims. While that court did not suggest the defendant file this simple claims. The obstacles to the implementation of the PERMA are, first, the court calendar cannot run by the time that has been determined. Second, the absence of the defendant thus hinders the process of resolving the case. Third, the lack of carefulness of the clerk in classifying the incoming case is whether the lawsuit can be settled simply or a regular lawsuit. Fourth, the determined time limit was only 25 days, although the evidence has been done at the time of filing a lawsuit in the process of examining the case, the parties still have to do proof to seek justice as expected. Then the last one, the lack of socialization from the court to the defendant at the time of filing a lawsuit, as well as to the public that there is a simple procedure for settlement of the lawsuit.