SMALL CLAIMS COURT (SIMPLE LAWSUIT) CAN BE APPLIED IN THE RELIGIOUS COURT
“Like the civil lawsuits at district court, nowadays the process of Islamic Economy case in the religious court could be completed within 25 working days since the first day of hearing.”
Pursuant to the Supreme Court Regulation Number 14 of 2016 regarding Settlement Procedures of the Islamic Economy Case, Islamic economy case can be resolved through a simple lawsuit called small claims procedures. (Also Read: All Claim Less Than 200 Million Must Be Submitted Before Small Claim Court)
This regulation, waive the provision of Article 3 paragraph (2) point (a) as stipulated in Supreme Court Regulation Number 2 of 2015. It is stated that a simple lawsuit is not categorized as a dispute settlement examined under special court. Different from the previous regulation, pursuant to the new Supreme Court Regulation No. 14 of 2016, the small claims court process now can be applied in the religious court (one of the special courts in Indonesia)
Supreme Court Regulation No. 14 of 2016 has regulated that the Islamic economy case can be resolved by general or regular process and simple lawsuit both in the religious court.
What kind of Islamic economic case?
Islamic economic case is the case between the parties that use Islamic or sharia law as the legal basis, which into the competence of the religious court as stipulated in Law No. 50 of 2009 regarding Religious Court (the second amendment of Law No. 7 of 1989).
Provisions concerning the amount of the loss or the value of the case in Supreme Court Regulation No. 14 of 2016, is set equally to the value of material loss in Supreme Court No. 2 of 2015. The total amount of the loss is maximum IDR 200,000,000.
Regarding the process, the simple lawsuit at religious court has to refer to Supreme Court Regulation Number 2 of 2015. It includes the provision about the period time of the process within 25 working days since the first day of hearing, single judges and also the legal effort of the judge’s decision.
The new provision in Supreme Court Regulation No. 14 of 2016 is regarding the electronic registration at religious court. In Article 4 of Supreme Court Regulation No. 14 of 2016, states that the lawsuit should be filed through the court registry, electronic registration or by filling out the form, which provided at court.
With the existence of such regulation then, there is the method of registration that is faster and more efficient for the plaintiff, namely by electronic. Structurally, the arrangement of the provision should not need a manual registrasion since it has already been registrated electronically.
But whether it has been fully implemented or not, it needs to be researched further because Supreme Court Regulation No. 14 of 2016 recently enchanted on 26 December 2016.
BP Lawyers can help you
We can assist you in providing the best solution in the process of drafting the agreement in order to minimize the possibilities of disputes related to the agreement. You can contact us at firstname.lastname@example.org or +62821-1234-1235
Fairus Harris, SH, M.Kn.