SMALL CLAIM COURT IN INDONESIA

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The Supreme Court approved, through Supreme Court Rule No. 2 of 2015 dated 7 August 2015 “Small Claim Court Procedures”. It is an attempt to create the settlement procedure more simple, fast and inexpensive.

Although these rules do not apply to the whole case is in a civil process, at least it will reduce the amount of accumulation of cases in the courts in Indonesia. Small Claim Court procedures since the start of the first trial until the release of the single judge’s decision maximum within 25 days

Here’s a basic primer or discussion about a new procedure:

It makes the simple lawsuit is with the following provisions:

  1. The value of the lawsuit is less than or equal to 200 million rupiah
  2. The case is not included in the competence of special courts
  3. Not disputes about land rights
  4. Plaintiff and Defendant each no more than one, unless it has the same legal interests
  5. The defendant’s residence must be known
  6. Plaintiff and Defendant must reside on the same court of law area

The lawsuit filed this simple procedure as follows:

  1. Register at the court registry
    • Down payment and pay court fees, if the plaintiff is not able to pay can apply for free legal aid
    • Attach written evidence already in the legalization
    • Attaching the demands of the plaintiff requested
    • Simple completeness check lawsuit (if it does not qualify, the lawsuit will be returned)
    • The lawsuit is filed in the registry book is Small Claim Court
  2. Establishment of a single judge
  3. The appointment of a clerks

Made no later than 2 days since the registration of a simple lawsuit

  1. Preliminary Examination
    • Examination Material simple lawsuit by a single judge

Simple lawsuit consists of : The identity of the plaintiff and defendant; The explanation concise and unequivocal legal facts; and The plaintiff demands

  • Simple single judge will examine whether or not the proof
  • Simple ——— stipulation day trial

Not simple ——- Determination Judge Barred from the court registry book

  1. Determination of the first trial
  2. The invitation plaintiff and defendant
  3. Trial
    • Peace Efforts

7.1.1. In the first trial

  • Plaintiff does not present a lawsuit —– fall
  • Defendant was not present ——- second call
  • Defendant was not present despite having summoned legally and worth as much as 2 times —– —– verdict Defendants can ask legal remedy of appeal
  • Defendant was present at the first session but subsequently did not attend —– decision contradictoir

If the peace efforts between the plaintiff and defendant reached, it will be made Verdict Peace Act which directly legally binding

If peace is not achieved, then it will continue the reading of the lawsuit by the plaintiffs and then proceed answer from the defendant

  • Verification
  • Verdict
  • Legal efforts Objections
  • Magnitude decision enforceable
    • Decision is legally enforceable as from the notice to the parties
    • A decision on the effort objections cannot be appealed, the appeal or reconsideration
    • The delivery of the verdict be a maximum of 2 days since the verdict was read
    • Request effort objections made maximum 7 days since the verdict or the receipt of the notification of the decision
    • The submission of objections and memory efforts objection to the defendant carried out a maximum of 3 days from notification of objection
    • Memory counter objections can be raised a maximum of 3 days from notification of objection
    • Determination of the judge objected done 1 day after the application is declared complete
    • Verdict mind made up to 7 days from the establishment of the judge objections
    • Notification of the decision objected maximum of 3 days from the decision pronounced objection

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