Tinjauan Yuridis Penerapan Asas Peradilan Cepat Sederhana dan Berbiaya Ringan dalam Penyelesaian Sengketa Perjanjian Kredit Pembiayaan Melalui Gugatan Sederhana (Studi Perkara Nomor: 05/Pdt.G.S/2023/PN. Mdn)

Abstract

Simple lawsuit as an embodiment of the principle of simple, fast and low-cost justice, which means that the examination and resolution of cases are carried out in an efficient and effective manner as regulated in Law Number 48 of 2009 concerning Judicial Power. Simple lawsuits as regulated by the Supreme Court regarding simple lawsuits have been implemented in the Faryetti case with PT. Toyota Astra Financial Services, where in this case there was a default by PT. Toyota Astra Financial Services to Faryetti related to the financing credit agreement for the Toyota Rush car as in the multipurpose agreement that had been agreed upon by the parties. The formulation of the problem in this thesis is what are the criteria for credit agreements that can be resolved by simple lawsuits, how to regulate the application of the principle of fast, simple and low-cost justice in resolving credit agreement disputes through simple lawsuits and how to Apply the Principle of Fast, Simple and Low-Cost Justice in Resolving Credit Agreement Disputes Through Simple Lawsuits in the Decision of Civil Case Number 05/Pdt.G.S/2023/PN. Mdn. This research method uses a normative legal approach and is descriptive in nature with a normative legal approach method. Data were obtained through literature studies with data collection techniques in the form of official documents, books, scientific journals, and other literature sources. Data analysis was carried out using normative juridical analysis. The results of this study conclude that the criteria for credit agreements that can be resolved through simple lawsuits still refer to Perma Number 2 of 2015 Jo. Perma Number 4 of 2019 concerning simple lawsuits. The case resolution process often exceeds the 25-day time limit due to the Defendant's lack of readiness to undergo trial. Then the same legal area as the defendant becomes an obstacle for the plaintiff both in determining the defendant's address in his lawsuit which at any time the Defendant moves addresses.