Filing a simple lawsuit can be an effective solution for individuals and companies experiencing civil cases under IDR 500 million.
The policy regarding this matter is written in the Republic of Indonesia Supreme Court Regulation No. 4 of 2019 jo. Supreme Court Regulation no. 2 of 2015 concerning Procedures for Settlement of Simple Claims.
As the name suggests, a simple lawsuit or small claims court can be carried out in order to process dispute resolution quickly. According to the Sumenep Religious Court, this provision is in line with the principles of simple, fast and low-cost justice.
So, how do you file a simple lawsuit? This article explains the steps and stages of settling a simple lawsuit to help you settle your business.
Steps to File a Simple Lawsuit
Before talking about the stages of dispute resolution, you can first understand the procedure for filing a simple lawsuit. Briefly and clearly, filing a simple lawsuit includes the following four points.
1. Prepare Documents for Proof of Claim
The most crucial first step in filing a lawsuit is preparing evidence, whatever the type of lawsuit. Various evidence collected by the plaintiff can be used as the basis for writing a lawsuit letter.
2. Write a Simple Lawsuit Letter
You can write a simple lawsuit letter by including the names of the plaintiff and defendant in it. Also make sure to write the case in detail so that the assessment of the documents and evidence can run smoothly.
3. Fill out the Registration Form
In this step, the plaintiff comes directly to the district court bringing a number of required documents. The court provides a case registration counter where you can visit, explain and submit your lawsuit.
4. The Registrar Assesses the Claim Form
The evidence documents or lawsuit letters that you send to the court will immediately be assessed by the clerk. This stage is included in the filing process, because it is crucial in determining whether the case is a simple lawsuit or not.
Stages of Settlement of Simple Lawsuits
As in the submission above, the author has included these steps as stages of completion. Also related to the related submission, what are the stages of settling a simple lawsuit?
The following is a complete list of stages for resolving disputes through a simple lawsuit.
1. Fill out the Registration Form
As explained, the plaintiff first sends a lawsuit to the court to present his case. The clerk, an officer at the court, will examine the files that have been submitted.
2. Case Assessment
The examination carried out by the clerk aims to assess whether the file is included in a simple lawsuit or not. If the transaction is under IDR 500 million, it is declared valid as a simple claim.
3. Payment of Fees
Confirmation that the case is a small claims court must be resolved by payment of a filing fee. You can pay IDR 30,000 for the registration fee. IDR 50,000 for the handling/processing fee.
4. Waiting for the Court Summons
Cases that have been paid by the supervisor will be immediately processed for trial. Therefore, both the plaintiff and the defendant (the reported party) must wait for a summons from the court.
5. Conducting the Session
The trial of the small claims case will be held immediately after the plaintiff and defendant receive the summons. Both parties are required to come directly to court to take part in the relevant trial process.
6. Giving Decisions
After the trial is held, the plaintiff and defendant will be given a certain decision within a maximum of 25 working days. The decisions made based on this trial are determined by a single judge.
7. Defendant Accepts or Rejects the Decision
Quoting the Gunungsitoli District Court page, the defendant can submit an objection to the judge’s decision. However, acceptance of the case can also be accepted so that the case has permanent legal force (BHT).
8. Notification of Further Hearing (If the Defendant Objects)
If a party objects to the judge’s decision, an objection can be taken which must be registered a maximum of 7 working days after the decision. The notification regarding the follow-up trial is submitted no later than 3 working days.
9. Continued Hearing
After filing an objection and receiving a summons for a follow-up hearing, the plaintiff and defendant must attend the second hearing. The objection hearing stage will present a Panel of Judges.
10. Granting of Second Decision
Different from the first decision stage, the decision given through the second trial must be delivered no later than 7 working days. The results obtained through the follow-up trial decision have permanent legal force.
11. Implementation of the Decision
The various stages above will be closed with the final process in the form of implementing the decision. The defendant, according to the decision that has been made, must carry out various obligations and certain actions.
Tips for Making a Simple Lawsuit Run Smoothly
What are the appropriate steps so that a simple lawsuit can run smoothly? Discussing the smooth process of a simple lawsuit and things you need to pay attention to, you can read the following tips.
1. Complete the documents properly
As mentioned in the submission points, completeness of documents is crucial in the dispute resolution process. This provision also applies to a number of evidence and lawsuit letters submitted.
2. Use of formal language in the lawsuit letter
Writing formal language shows your professionalism as a businessman or entrepreneur. The use of formal Indonesian in a lawsuit letter can clarify the meaning, simplify the meaning, and shorten the assessment.
3. Follow the trial schedule
The plaintiff can attend the predetermined hearing schedule, where this provision also applies to the plaintiff. Therefore, as much as possible, you must come to court at the appointed time.
4. Using Legal Assistance Services
Legal assistance in the small claims process is not mandatory, but you may use the services of an attorney. You can use the My Law service to request legal assistance services.
Closing
Based on the discussion above, we can see that simple lawsuits can also be filed using simple procedures. In short, this stage is an effective solution for those who have civil cases under IDR 500 million.
In this regard, a simple, smooth lawsuit must be supported by various important tips according to the points that have been discussed. One of them is using legal assistance services during the trial process.
Hukumku provides legal assistance services for various kinds of cases, including simple claims. You can be accompanied and have your opinions interpreted through this service.
