IMPLEMENTASI PERATURAN MAHKAMAH AGUNG NO. 4 TAHUN 2019 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANA DI PENGADILAN TERHADAP PENYELESAIAN PERKARA PERDATA DI PENGADILAN NEGERI KENDARI KELAS 1B

Abstract

This research, conducted at the Kendari District Court, Class 1B, utilizes both primary and secondary data collected by the author. Employing a normative juridical approach, the study aims to describe the actual implementation of Supreme Court Regulation No. 4 of 2019 on the Procedures for Small Claims Court in resolving civil cases at the Kendari District Court, Class 1B. Data were categorized by type, analyzed qualitatively, and concluded based on findings in the field. The study reveals that not all cases are resolved within the 25-day time frame mandated by the regulation, primarily due to the difficulty of securing the attendance of all parties. Furthermore, during the settlement process, some cases cannot be confirmed as small claims until after the judge’s preliminary examination of the plaintiff’s claim, reasons, and demands. This indicates a need for broader dissemination and socialization of Supreme Court Regulation No. 4 of 2019 to prevent plaintiffs from misfiling cases as small claims for convenience. The research also recommends a thorough preliminary examination before litigation to avoid case misclassification, as exemplified by Case No. 15/Pdt.G.S/2021/PN Kdi, which was ultimately removed from the case register.