PENERAPAN PENYELESAIAN WANPRESTASI MELALUI GUGATAN SEDERHANA MENURUT PERATURAN MAHKAMAH NOMOR 4 TAHUN 2019 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANADI PENGADILAN (STUDI KASUS PUTUSAN NOMOR 3 /PDT.G.S./2021/PN SRL)

Abstract

The aim of this researc is to find out and analyze the mechanism for simple claims according to supreme court regulation Number 2 of 2015 as amended by PERMA Number 4 of 2019 in the implementation of small claims court and to find out and analyze the special characteristics of settling small claims in civil cases and what are the differences in procedures ordinary civil examination with an examination of the settlement of a simple lawsuit as well as to find out and analyze the Judge's considerations in deciding case number 3/Pdt.G.S/2021/PN Srl. The research method used is normative juridical research. The results of this research are first, the criteria for cases that can be resolved using a simple lawsuit mechanism are regulated in Article 3 and Article 4 of Perma Number: 2 of 2015 as amended by Perma Number 4 of 2019 concerning simple lawsuits. Second, simple lawsuits are filed in cases of breach of contract and/or unlawful acts with a maximum value of material claims of IDR 500 million, whereas in lawsuits in ordinary civil cases, the amount of material losses is not limited to the amount. Third, the judge's considerations regarding Decision No. 3/Pdt.G.S/2021/PN Srl Concerning Simple Lawsuit Regarding Default in credit agreement between PT. Jambi Citra Sahabat People's Credit Bank as the plaintiff with Sumirah as the defendant. In his decision no. 3/Pdt.G.S/2021/PN Srl, the Judge stated that he granted the Plaintiff's lawsuit in part, stated that by law the Defendant's actions were a breach of contract against the Plaintiff, sentenced the Defendant to pay in full immediately without conditions the entire remaining loan/credit (principal + interest + fine) to the Plaintiff in the amount of Rp. 25,548,072.00 (twenty five million five hundred forty eight thousand seventy two rupiah), sentenced the Defendant to pay court costs in the amount of Rp. 412,000.00 (four hundred and twelve thousand rupiah) and rejected the Plaintiff's claim for other than that.

Keywords: Simple lawsuit, default