Analysis on the Implementation of Supreme Court Regulation No. 2 of 2015 Concerning on Settlement of Small Claim Court Procedure in Jayapura District Court Class I A (Case Study of Case No. 7/Pdt.G.S/2017/PN Jap)

Abstract

This research was conducted with the aim to find out the implementation of Supreme Court Regulation No. 2 of 2015 Concerning on the Settlement of Small Claim Court in Jayapura District Court Class I A (Study on Civil Case No. 7/Pdt.G.S/2017/PN Jap) also to know the basis of consideration of the judge in deciding the cases in Jayapura District Court Class I A. This study using normative-juridical method. The result of this study indicated that the Supreme Court Regulation No. 2 of 2015 has been applied correctly, but the practice according to the Article 3 (2)b regarding on land dispute, whereas this case on the inspection phase by the court clerk also on the phase of preliminary examination by the judge has been done in accordance with the Supreme Court Regulations and discretion on the judge as the basis of the implementation of simple, fast, and low-cost principles. The consideration by the judge already corrects related to the application of Article 3 (2)b of the supreme court regulation, but it certainly not fairs for the plaintiff, because it is not yet considered about default problem and ability to pay the damages around Rp. 100.000.000,- (one hundred million rupiah) from the defendant to the plaintiff. It is recommended that the plaintiff need to be more careful on file the small claim court which is by analyze the lawsuit also sufficient evidence in form of letter and witnesses, also the judge need to considered all the argument which submitted in the lawsuit, so that the litigants could get the justice within the case decision.