Implementation of Supreme Court Regulation No. 2 of 2015 on Procedures for the Settlement of Small Claims in Court for the Resolution of Civil Cases at the Kendari District Court Class 1B

Abstract

The research was conducted at the Kendari District Court Class 1B. Both primary and secondary data sources were utilized, employing a normative juridical research method to provide a detailed depiction of field findings regarding the implementation of Supreme Court Regulation No. 2 of 2015 on Procedures for Simple Lawsuits at the Kendari District Court Class 1B in resolving civil cases. Data and information obtained were grouped and separated by type, then analyzed qualitatively to draw conclusions. In practice, not all cases can be resolved within the stipulated timeframe in the regulation. The 25-day period is insufficient for the court to ensure the attendance of the disputing parties at hearings. Cases processed as simple lawsuits cannot always be confirmed as such, even if registered accordingly. This determination follows the judge's preliminary examination of the plaintiff's claims, reasons, and demands. Socialization of Supreme Court Regulation No. 2 of 2015 implementation is needed at the District Court to prevent plaintiffs from incorrectly registering cases as simple lawsuits, avoiding fixation solely on low costs or limited duration. Preliminary case examinations before proceeding to trial are essential to avoid misclassifications, as seen in Case No. 15/Pdt.G.S/2021/PN Kdi, which was ultimately struck from the registry.