KEDUDUKAN HAKIM TUNGGAL DALAM GUGATAN SEDERHANA (SMALL CLAIM COURT)

ADHAPER: Jurnal Hukum Acara Perdata

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Field Value
 
Title KEDUDUKAN HAKIM TUNGGAL DALAM GUGATAN SEDERHANA (SMALL CLAIM COURT)
 
Creator Ferevaldy, Adisti Pratama
Anand, ghansham
 
Subject Small Claim Court; Single Judge; Judicial Power; Judiciary.
 
Description The Civil Procedure has several principles in its application. One of them is the principle of simple, efficient and low cost trial. The simple principle of organizing the trial is done by a simple and definite mechanism. The efficient principle means that trials are held within an appropriate deadline. The principle of low cost means the cost of the trial is payable. The cost shall be determined by considering the amount of reasonable cost and can be reached by various circles of Indonesian society. In the case of supporting the creation of a efficient, simple and low cost trial principle, the Supreme Court issued the Supreme Court Regulation Number 2 Year 2015 on the Procedures of Small Claim Court. The Regulation of the Supreme Court is one of the forms of the existing law in Law of the Republic of Indonesia Number 12, Year 2011 concerning the Establishment of Laws and Regulations. However, the regulation posseses a problem that is contrary to Law of the Republic of Indonesia Number 48, Year 2009 concerning Judicial Power. The problem is the use of a single judge which is not in accordance with the provisions contained in the Law concerning Judicial Power which mentioned that the judges of a trial should at least consist of 3 people. The position of a single judge in the small claim court is intended to make the trial process faster and more efficient which in this case presents that the judiciary in Indonesia embraces the principle of speedy, simple and low cost. The Supreme Court Regulation shall not be contrary to existing laws.
 
Publisher Departemen Hukum Perdata
 
Contributor
 
Date 2018-03-10
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://jhaper.org/index.php/JHAPER/article/view/52
10.36913/jhaper.v3i2.52
 
Source ADHAPER: Jurnal Hukum Acara Perdata; Vol 3, No 2 (2017): Juli - Desember 2017; 205-226
2579-9509
2442-9090
 
Language eng
 
Relation http://jhaper.org/index.php/JHAPER/article/view/52/59
 
Rights Copyright (c) 2017 Jurnal Hukum Acara Perdata ADHAPER
 

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