Implementation of the Small Claims Court in Dispute Case Settlement in Indonesia

Wibowo, Seno Adhi; Wijaya, Massulthan Rafi

doi:10.15294/lesrev.v5i1.42859

Cited by 2 publications

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“…MIW.19072014.30 and resolved in a more straightforward process with a maximum period of 25 (twenty-five) days. 43 Meanwhile, if the nominal claim is more than Rp. The trial process is carried out generally for 500,000,000 (five hundred million rupiah).…”

Section: The Current State Of the Court's Decision-making Process In ...mentioning

confidence: 99%

Artificial Intelligence and Quality of Composition Verdicts in Indonesia: Lessons from New Zealand

Hidayah,

Wicaksono,

Aditya

et al. 2024

JHCLS

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The quality of the decision is not only related to the judge's considerations but also its suitability to the composition of the decision so that the resulting decision is not easily overturned at the level of legal action and increases public confidence in the judicial institution. This research aims to analyze the quality of judges' decisions in Indonesia in terms of the composition of the decision texts that have been made. This research uses normative legal research methods, a statutory approach, and a comparative approach. The study results show that decisions are not based on the structure of decisions determined by the Supreme Court. One of the reasons is the minimal use of AI, even though AI can help judges identify which parts of the decision structure are not yet in the decision prepared by the judge and improve them so that it is hoped that it will produce uniformity and decisions that are certain and not easily overturned. Indonesia needs to learn from New Zealand guidelines for using AI at the court and tribunal level. Judges can apply AI, some related to summarizing information and administration.

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Section: The Current State Of the Court's Decision-making Process In ...mentioning

confidence: 99%

Artificial Intelligence and Quality of Composition Verdicts in Indonesia: Lessons from New Zealand

Hidayah,

Wicaksono,

Aditya

et al. 2024

JHCLS

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show abstract

“…For resolving disputes outside the Court or non-litigation with a simpler and faster mechanism, dispute resolution through Alternative Dispute Resolution is commonly abbreviated as "ADR." (Wibowo & Wijaya, 2021) Forms of dispute resolution outside the Court, such as mediation, consolidation, and Arbitration. Arbitration is a term used to describe a form of appropriate peaceful procedure or as a provision of how to resolve disputes that arise to achieve a specific result that is legally final and binding (Emirzon & Sengketa, 2000).…”

Section: Introductionmentioning

confidence: 99%

Legal Review Relating to Cancellation of Arbitration Awards That Are Already Powerful (Inkracht) and Final Related to Arbitration Law No. 30 of 1999 Concerning Arbitration Case Study Pt. Krakatau Posco Against Indonesian National Arbitration Board, DKK at Serang State Court

Suryana,

PS,

Gunawati

2023

JHR

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In this thesis, the author discusses the determination of several deviations related to the cancellation of the Arbitration Award as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In this case, the parties and the judges themselves tend to ignore the existence of the Arbitration Institution, the agreement on the absence of an Arbitration Clause is considered a fake document and a deception by the Arbitration Applicant. Krakatau Posco (Arbitration Applicant) against the National Arbitration Board (Arbitration Respondent I) and PT. Krakatau Enggering (Respondent of Arbitration II) in Decision Number 105/Pdt.Arbt/2018/PN.Srg in Serang District Court Class IA. Arbitration clauses are carried out when the contract agreement is about to start between the two parties to avoid disputes before or after in the event of a dispute both parties must file the dispute at the Indonesian National Arbitration Board (BANI). The problems discussed in this thesis are regarding the Determination of Number 105/Pdt.Arbt/2018/PN.Srg. dated September 21, 2018, the judge considered that the absence of the Arbitration Clause was considered a false document and a ruse. The research method used in this thesis is normative juridical through a law approach. The sources used are in the form of secondary legal materials with library techniques that are analyzed qualitatively. The result of this study is the cancellation of the Arbitration decision which was granted by the Panel of Judges at the Serang District Court Class IA based on the fact that there was no Arbitration Clause agreement between the two parties wheKeywords: Arbitration Cancellation, Arbitration Clause

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Implementation of the Small Claims Court in Dispute Case Settlement in Indonesia

Cited by 2 publications

References 0 publications

Artificial Intelligence and Quality of Composition Verdicts in Indonesia: Lessons from New Zealand

Artificial Intelligence and Quality of Composition Verdicts in Indonesia: Lessons from New Zealand

Legal Review Relating to Cancellation of Arbitration Awards That Are Already Powerful (Inkracht) and Final Related to Arbitration Law No. 30 of 1999 Concerning Arbitration Case Study Pt. Krakatau Posco Against Indonesian National Arbitration Board, DKK at Serang State Court

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