UNDERSTANDING THE NATURE OF SUPREME COURT REGULATION NUMBER 4 OF 2019 CONCERNING AMENDMENTS TO THE SUPREME COURT REGULATION NUMBER 2 OF 2015 CONCERNING PROCEDURES FOR SETTLING A SIMPLE LAWSUIT
Journal: International Journal of Advanced Research (Vol.8, No. 3)Publication Date: 2020-03-17
Authors : Kukuh Subyakto Teguh Prasetyo; Lathifah Hanim;
Page : 416-423
Keywords : Legal Breakthrough Verzet Simple Lawsuit Justice Value;
Abstract
The Supreme Court Regulation (Perma) No. 4 of 2019 concerning Amendment to Perma No. 2 of 2015 concerning Procedures for Settling a Simple Lawsuit, is a legal breakthrough in the field of Civil Procedure. Some changes are quite significant with the demands of community justice regarding the implementation of Perma No.2 2015 which does not include verzet as a legal remedy, where the defendant is only given the opportunity to submit an objection to the Judge's decision. In the principle of civil law, verzet is a legal effort that is a symbol of the legal justice of the Civil Procedure because it provides an opportunity for the defendant to properly defend himself against the Judge's decision.To examine the nature of the birth of Perma No.4 in 2019, the author examines the problem of what is the weakness of Perma No. 4 of 2019 in the perspective of the principles and legal theory and how the Implementation of Perma No. 4 of 2019 in realizing justice especially originates from the precepts in Pancasila. The methodology used in this study is a normative-juridical method, with a philosophical approach. While the paradigm used is post-positivism which sees the reality of the operation of law as a fact that can be analyzed qualitatively.The results showed that the essence of the birth of Perma No. 4 of 2019 was "the elaboration of the empire of reason in the Pancasila Philosophy which aims to uphold individual justice" which is not contained in Perma No.2 2015 which does not provide a chance of verzet to the defendant. The values of justice include: first, human values that function as energy reforms in Civil Procedure law in a dignified justice system; and second, the value of social justice that functions as an equal opportunity for justice.
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