| dc.description.abstract | Small claims court is a civil dispute resolution mechanism regulated in Supreme Court Regulation Number 4 of 2019 as an embodiment of the principles of simple, fast, and low-cost justice. However, in its implementation, problems are still found regarding the limitations of case objects that can be resolved through this mechanism, especially in money loan agreement cases with land rights as collateral. This research aims to analyze the regulation of small claims court in civil law, so the application of small claims court in money loan agreements with land rights as collateral, and judges' considerations in Court Decision Number: 3/Pdt.G.S/2024/PN.Stb and Objection Decision Number: 3/Pdt.G.S/2024/PN.Stb.
This research uses normative legal research methods with statute approach and case approach. Data sources include primary legal materials in the form of legislation and court decisions, as well as secondary legal materials in the form of books, journals, and previous research. Data were analyzed qualitatively using descriptive-evaluative methods.
The research results show that small claims court is regulated in Supreme Court Regulation Number 4 of 2019 with a maximum claim value of Rp. 500,000,000,- and excludes land rights disputes as case objects, money loan agreements with land rights as collateral cannot be resolved through small claims court because they involve land disputes that require complex evidence and special procedures, and there was a fundamental error by the judge in examining and deciding cases involving collateral objects in the form of land rights through the small claims court mechanism, where the resulting decision is only declaratory without an eviction execution order, thus not providing adequate legal certainty for the parties. | en_US |
