The Effectiveness of the Implementation of the Principle of Simple Court Procedures, Fast and Low Cost in a Case of Divorce Lawsuit

Abstract

The purpose of this study is to investigate the effectiveness of the implementation of simple, fast and low-cost religious court procedures in the divorce case at the Religious Court, Palu. This study used qualitative research, while the data were collected through observation, interviews and document reviews. The effectiveness of the religious court procedures in regards to topic being investigated was measured through the theory of legal effectiveness. The results of the study showed that the effectiveness of simple, fast and low-cost judicial principles could be effectively achieved due to a simple trial process, continuous revision throughout the process (from registration to decision) and affordable case costs. 2) The factors that support the accountability of the Religious Court when implementing the principles are the existence of a one-stop integrated service system, Electronic Court (E-Court), free litigation, Legal Aid Post and observable court. 3) A simple, fast and low-cost judicial principles have been effective because they have fulfilled the five aspects as stated by Soerjono Soekanto.

Justice brokers: Women’s experiences with injustice and dependence in the divorce process

“…In the first, studies view women's position as being undermined by applicable law (Irianto, 2008;Nasir, 2016;Wijayati, 2020). In the second, studies examine the courtroom process within the context of its implications for justice (Haekal et al, 2020;Irianto, 2008;Nasution et al, 2020;Samsoeri, 2010). Finally, in the third, studies investigate the effects of legal decisions on the rights of women and children (Haimi & Lerner, 2016;Nurlaelawati, 2013;Thiessen, 1993;Van Huis, n.d.;Yu et al, 2010) Studies have yet to map women's search for justice and intermediaries' determinant role in divorce proceedings, exploring how the substantive justice received by women is not simply determined by the courts, but designed by the brokers who accompany them.…”

“…The commodification of fear, which brokers frame as providing security and facilitating courtroom processes, results in the impovertization of women. Rather than free women from unhappy relationships, justice brokers merely accelerate the formal divorce process (Haekal et al, 2020;Susylawati & Hasan, 2011), and this results in the social and economic marginalization of women. According to applicable law, women who file for divorce are responsible for all applicable costs (Law No.…”