SMALL CLAIM COURT
Small claim court is an examination procedure at trial against a civil lawsuit with a maximum material claim value of Rp200,000,000.00 (two hundred million Rupiah) which is settled in a simple trial procedure, however based on Supreme Court Regulation Number 4 of 2019, currently the value of the material claim for a small claim court is in the maximum amount of Rp500,000,000.00 (five hundred million Rupiah).
Apart from this, there are several differences between a small claim court and a lawsuit in general, some of the differences are as follows:
- The parties in a small claim court consist of plaintiffs and defendants, each of whom may not be more than one, unless they have the same legal interest.
- Against a defendant whose place of residence is not known, a small claim court cannot be filed.
- The plaintiff and the defendant of the small claim court are domiciled in the same Court jurisdiction .
- In the event the plaintiff is outside the jurisdiction of the residence or domicile of the defendant, in filing a lawsuit the plaintiff ahall appoints an attorney, incidental attorney, or a representative having its address within the jurisdiction of the defendant's domicile with a letter of assignment from the plaintiff's institution.
- Plaintiffs and defendants must attend in person every trial with or without the assistance of a legal representative, incidental attorney or representative with a letter of assignment from the plaintiff's institution.
A small claim court is filed against cases of default and/or actions against the law (tort), meanwhile what is not included in a small claim court is a case where the dispute settlement is carried out through a special court as regulated in the statutory regulation or dispute over land rights.
Suria Nataadmadja & Associates Law Firm
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