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All Journal Journal of International Islamic Law, Human Right and Public Policy
M. Natsir Asnawi
Universitas Brawijaya
Religion Law, Crime, Criminology & Criminal Justice

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RECONSTRUCTING THE CONCEPT OF SUMMARY PROOF WITHIN THE LEGAL FRAMEWORK OF SMALL CLAIMS PROCEDURES Kresna Ramadhan Wijaya; Rachmi Sulistyarini; M. Natsir Asnawi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This research analyzes the legal reasoning (ratio legis) behind the qualification of "simple" in the current Small Claims Court regulation and formulates a reconstruction of that meaning. Currently, Supreme Court Regulation (PERMA) No. 4 of 2019 defines "simple" based on quantitative-administrative limits, such as a maximum claim value of IDR 500 million and domicile constraints. This normative legal research uses statute, conceptual, and philosophical approaches. The results indicate that the current paradigm is pragmatic-economic, aimed at judicial efficiency and Ease of Doing Business (EoDB) rankings, but often neglects substantive justice. This study proposes a reconstruction by shifting the paradigm from Quantitative Simplicity to Evidentiary Simplicity. Under this new framework, a case is categorized as "simple" based on its evidentiary characteristics (clear-cut case/liquid debt) rather than its nominal value, ensuring broader access to justice for cases with high economic value but low evidentiary complexity.
Co-Authors Kresna Ramadhan Wijaya Rachmi Sulistyarini