Analisis Penyelesaian Perkara Perdata Melalui Mekanisme Gugatan Sederhana Sesuai Dengan Perma Nomor 4 Tahun 2019 Di Pengadilan Negeri IA Pekanbaru

Wahyudi Ardi, Rahmad (2022) Analisis Penyelesaian Perkara Perdata Melalui Mekanisme Gugatan Sederhana Sesuai Dengan Perma Nomor 4 Tahun 2019 Di Pengadilan Negeri IA Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

In practice, settlement of disputes in court, especially civil cases, requires a long and detrimental mechanism as expected, this is because the process of settling civil cases in district courts is carried out through several stages and procedures, including the preparation stage, the stage of filing and submitting a lawsuit, and completion stage, in which the completion process takes a long time. Thus making justice seekers "reluctant" to file a lawsuit in court. The issuance of the Simple Lawsuit Law is also motivated by the low index of the results of a World Bank survey related to the ease of doing business in Indonesia. Therefore, the Supreme Court, through Supreme Court Regulation Number 2 of 2015 concerning Simple Lawsuit procedures, provides a new breakthrough in resolving a simple case, so that it does not take a long time. The Supreme Court perfected Perma No. 2 of 2015 by issuing a new regulation, namely Perma No. 4 of 2019 concerning Amendments to Perma No. 2 of 2015 concerning Procedures for Settlement of Simple Claims. The Supreme Court also benefits from the limitation of legal remedies in that a simple lawsuit cannot be appealed, cassationed and reconsidered, because it can indirectly reduce the flow of cases that go to the Supreme Court, so that the workload and burden of cases at the Supreme Court are expected to decrease. The main problem in this study is the settlement of civil disputes through a simple lawsuit at the Class I A Pekanbaru District Court and resolving obstacles in the settlement of civil disputes through a simple lawsuit mechanism at the Class I A Pekanbaru District Court. The research carried out is the empirical juridical law research method using observation or field research by way of direct surveys to the field, to collect primary and secondary data obtained from respondents through interviews to be used as data or information as material in writing this research. Based on the results of the research, it can be understood that there are still deficiencies in the procedural process in simple lawsuits at the Pekanbaru District Court which are regulated in Perma No. 4 of 2019. This deficiency can be seen from the large number of cases whose completion takes more than 25 (twenty five) days, this occurs because the principal does not comply with the trial schedule which causes a long process of examining a case. It was found that many cases had their status revoked because the public and attorneys did not understand the legal provisions of the simple lawsuit procedure. And another drawback is the nominal simple lawsuit which is still relatively low which causes many cases from the public cannot be examined by simple lawsuit procedural law because it is constrained by the nominal lawsuit which is no longer relevant. Then it is difficult to confiscate collateral because it is constrained by the value of the object of collateral confiscation which is higher than the nominal value of a simple lawsuit.

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