With the enacted of the Supreme Court Rule No. 2 of 2015 about the guidelines of the simple claim settlement (“SCR 2/2015”), the court settlement for the breach of contract and/or the unlawful act with the material amount not exceed than Rp 200.000.000,- (two hundred million Rupiah) can be resolved with the term of 25 (twenty five) days at the latest from the first hearing was held with the simple claim mechanism, however there are exception for the dispute that can be submitted with the simple claim such as: (i) claim that should be held with the special court as stipulated under laws and regulations; and (ii) the right of land dispute.
There are some conditions that should be met for submit the simple claim such as: (i) both parties should have the same domicile with the authorized court; (ii) both parties should consist of 1 (one) claimant and 1 (one) defendant, unless there are other party who share the same legal purpose; and (iii) the claimant and the defendant should attend every trial proceedings with or without the presence of their attorney.
The steps of using simple claim court:
- registration, the claimant can filling the form that provided by the court;
- examination of simple claim requirement, the registrar will examine the registration conditions and will return the brief to the claimant if there is not complete;
- the assessment of judge and to appoint the registrar, head of the district court and head of registrar will appoint the authorized judge and registrar to examine the simple claim;
- early examination, the judge will proceed the examination and to consider whether the claim was qualified to the simple claim or not. If not, then the judge will make a stipulation that the claim was not considered as simple claim and write off the claim from the case’s register, the stipulation cannot be responded with any remedy.
- to set the first hearing date and to summon both parties, if the claimant did not attend on the first hearing then the claim will be considered withdrawn and if the defendant did not attend on first and second hearing then the judge will make a verdict for this case, the mentioned verdict can be appealed;
- examination and settlement, on the examination process there are no filling the right to demand, exception, the defendant’s claim, intervention, response to defense statement, counter-response by defense or conclusion. On the first hearing, the judge should offering the amicable settlement to both parties exceeding the settlement provisions on the Supreme Court Rule No. 1 of 2016;
- authentication; and
- verdict, the verdict will be issued and given to the both parties 2 (two) days at the latest after the verdict is pronounced.
The verdict on the simple claim, can be appealed to the head of district court on 7 (seven) days at the latest after the verdict is pronounced or the notification of the judgement was issued, if on the mentioned time period the appeal was not submitted, the verdict will be consider having the binding legal force and will be perform voluntary by the related party.