Pustaka Ilmiah Universitas Padjadjaran

Abstrak

Small Claims Court in Environmental Disputes Resolution to Support the Realization of Sustainable Development

An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigation and non?litigation process. The non?litigation process mainly depends upon the agreement of the parties involved and does not have a formally binding force upon them. Although the non?litigation process is more preferred in resolving business disputes, sometimes it does not completely resolve the issue. A specific business dispute resolution procedure such as the mechanism of small claims court (an informal court) is required. The objectives of the small claims court are to settle cases in prompt and cost?effective manner, and to avoid lengthy and complex formal legal procedures. Although it is still a part of the litigation process, the small claims court applies simplified procedures that are different from those of conventional civil cases. Nonetheless, the judgment of the small claims court has the same legally binding force as that of general court. The small claims court is situated in the District Court, but the examination of cases is different from general procedures and until now the mechanism has not been widely known in Indonesia.