Settlement of simple lawsuits is the procedure for examining in court against civil claims with a material claim value of a maximum which is settled with simple procedures and evidence.
Reference from chaffinluhana.com, a simple lawsuit is filed against cases of breach of contract and/or acts against the law with a material claim value
Not included in the simple lawsuit are:
– cases whose dispute resolution is carried out through special courts as regulated in the laws and regulations; or
– land rights disputes.
Provision :
– The parties to a simple lawsuit consist of a plaintiff and a defendant, each of which cannot be more than one, unless they have the same legal interest.
– Against the defendant whose place of residence is not known, a simple lawsuit cannot be filed.
– The plaintiff and the defendant in a simple lawsuit are domiciled in the same jurisdiction of the Court. In the event that the plaintiff is outside the jurisdiction of the defendant’s residence or domicile, the plaintiff in filing a lawsuit appoints a proxy, incidental attorney, or representative having an address in the jurisdiction or domicile of the defendant with a letter of assignment from the plaintiff’s institution.
– Plaintiffs and defendants are required to attend in person every trial with or without being accompanied by a proxy, incidental attorney or representative with a letter of assignment from the plaintiff’s institution.
As explained above, that determination can be called a voluntary lawsuit , but this understanding is different from the definition of a lawsuit in general which is known by the Indonesian people and in legislation, namely the lawsuit in question is a contentious lawsuit or commonly referred to as a civil lawsuit or lawsuit. just.
The definition of a lawsuit is a civil matter that contains a dispute between 2 (two) or more parties which is submitted to the Chairman of the District Court where one party as the plaintiff is to sue the other party as the defendant. The word contentiosa comes from Latin which means full of fighting spirit or polemic. That is why the settlement of cases that contain disputes, is called contentiosa jurisdiction , which is the authority of the judiciary to examine cases relating to disputes between the disputing parties.
The characteristics of the lawsuit are:
- Legal issues submitted to court contain disputes (disputes , differences ) .
- There is a dispute between the parties, at least between 2 (two) parties.
- It is a party , with the composition of one party acting and acting as the plaintiff and the other party being the defendant.
- It cannot be done unilaterally ( ex-parte ), only the plaintiff or the defendant.
The examination of the dispute must be carried out in a contradictory manner from the beginning of the trial until the decision is rendered, without prejudice to the ability to pronounce the decision without the presence of one of the parties.
