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Indonesia’s Settlement Procedure of Small Claims: A Proposal for the Implementation of Online Dispute Resolution

Indonesian Journal of Advocacy and Legal Services · Vol. 6 No. 1 (2024) · pp. 53–76

DOI
10.15294/ijals.v6i1.30560
ISSN
2686-2611, 2686-2085
Published
2024-04-19
Publisher
Universitas Negeri Semarang
Language
eng
License
creativecommons.org/licenses/by-nc-sa/4.0

Abstract

This research primarily aims to investigate the opportunities for the internalized implementation of Online Dispute Resolution (ODR) within the judicial system for the settlement of small claims in Indonesia. Several positive features of ODR, such as its ease, speed, and cost-effectiveness, can serve as catalysts for the settlement of small claims. Currently, Article 6A of the Supreme Court Regulations No. 4 of 2019 concerning the Settlement Procedure of Small Claims (the Small Claims Regulation) also allows for the use of electronic case administration in accordance with relevant legislation. This study employs a normative juridical research approach with a qualitative descriptive analysis method. The data used consist of secondary data, including primary legal sources from various legislative regulations. Additionally, data from journal articles, reports, and other literature related to ODR and small claims are utilized. A comparative study with the United States is employed to gain insights into best practices for implementing ODR in small claims settlement. Subsequently, this research proposes several steps for the ODR process in resolving simple lawsuits, including case initiation, negotiation, mediation, and adjudication. Furthermore, it emphasizes the principles of ODR that need to be upheld, such as voluntariness, accountability, and impartiality. Ultimately, integrating technology into civil justice systems through ODR will enhance the effectiveness and accessibility of justice in resolving small claims.

Keywords

Collaboration network of the authors

9 authors · 17 co-authorship links

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  • State University of Semarang
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
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Co-authorOrganisationJoint articles
Herliana HerlianaAffiliation unknown2
Arief SempurnoAffiliation unknown2
Erma Nuzulia SyifaAffiliation unknown2
Indah Sri UtariAffiliation unknown1
Ratih DamayantiState University of Semarang1
Rahmat Dwi PutrantoAffiliation unknown1
Salman AlfarisiAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://journal.unnes.ac.id/journals/ijals/oai, first harvested 5 Nov 2026, last seen 8 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Indonesia’s Settlement Procedure of Small Claims: A Proposal for the Implementation of Online Dispute Resolution</dc:title>
	<dc:creator xml:lang="en">Mubdi, Umar</dc:creator>
	<dc:creator xml:lang="en">Trikusrahayu, Martina</dc:creator>
	<dc:subject xml:lang="en">Online Dispute Resolution</dc:subject>
	<dc:subject xml:lang="en">Small Claims</dc:subject>
	<dc:subject xml:lang="en">Access to Justice</dc:subject>
	<dc:description xml:lang="en">This&amp;nbsp;research primarily aims to investigate the opportunities for the internalized implementation of Online Dispute Resolution (ODR) within the judicial system for the settlement of small claims in Indonesia. Several positive features of ODR, such as its ease, speed, and cost-effectiveness, can serve as catalysts for the settlement of small claims. Currently, Article 6A of the Supreme Court Regulations No. 4 of 2019 concerning the Settlement Procedure of Small Claims (the Small Claims Regulation) also allows for the use of electronic case administration in accordance with relevant legislation. This study employs a normative juridical research approach with a qualitative descriptive analysis method. The data used consist of secondary data, including primary legal sources from various legislative regulations. Additionally, data from journal articles, reports, and other literature related to ODR and small claims are utilized. A comparative study with the United States is employed to gain insights into best practices for implementing ODR in small claims settlement. Subsequently, this research proposes several steps for the ODR process in resolving simple lawsuits, including case initiation, negotiation, mediation, and adjudication. Furthermore, it emphasizes the principles of ODR that need to be upheld, such as voluntariness, accountability, and impartiality. Ultimately, integrating technology into civil justice systems through ODR will enhance the effectiveness and accessibility of justice in resolving small claims.</dc:description>
	<dc:publisher xml:lang="en">Universitas Negeri Semarang</dc:publisher>
	<dc:date>2024-04-19</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
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	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://journal.unnes.ac.id/journals/ijals/article/view/30560</dc:identifier>
	<dc:identifier>10.15294/ijals.v6i1.30560</dc:identifier>
	<dc:source xml:lang="en">Indonesian Journal of Advocacy and Legal Services; Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights; 53-76</dc:source>
	<dc:source>2686-2611</dc:source>
	<dc:source>2686-2085</dc:source>
	<dc:source>10.15294/ijals.v6i1</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.unnes.ac.id/journals/ijals/article/view/30560/4989</dc:relation>
	<dc:rights xml:lang="en">https://creativecommons.org/licenses/by-nc-sa/4.0</dc:rights>
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