International Journal of Economics, Business and Accounting Research (IJEBAR)
Vol 5, No 4 (2021): IJEBAR : Vol. 05, Issue 04, December 2021

THE DIRECT AVOIDANCE OF THE PARTIES IN A SMALL CLAIM COURT IN RESOLVING BUSINESS DISPUTES

Priyono Ongkowijoyo (Master of Notarial Law, Faculty of Law, Universitas Airlangga)
Ade Candra (Master of Notarial Law, Faculty of Law, Universitas Airlangga)
Arvhie Laksamana Hanavi (Master of Notarial Law, Faculty of Law, Universitas Airlangga)
Bestari Soedarman (Master of Notarial Law, Faculty of Law, Universitas Airlangga)
Muhammad Naufal Rizky (Master of Notarial Law, Faculty of Law, Universitas Airlangga)



Article Info

Publish Date
22 Dec 2021

Abstract

In article 4 Paragraph (4) PERMA 4/2019 it was regulated that the troubled entrepreneur in resolving business disputes is required to attend directly, which cannot be represented incidentally, even by a legal representative. However, it turns out that PERMA 4/2019 has not regulated in detail related to the legal consequences of the direct absence of the the troubled entrepreneur. This research is legal research and the approach that this article used is the statute approach and the conceptual approach. The formulation of the problem in this article were: First, the construction of a Small Claim Court and Second in Resolving Business Disputes, Second, the legal consequences of the direct absence of the parties in a Small Claim Court in resolving business disputes. From this research it was found that, First The construction of a Small Claim Court in resolving business disputes that needs to be considered is related to registration, examination of the completeness of a Small Claim Court, determination of judges and appointment of a substitute registrar, preliminary examination, determination of trial day and summons of the parties, trial and reconciliation examination, evidence, and decision and Second the legal consequences of the parties' absence directly in this Small Claim Court in resolving business disputes is the party who is not present in person is considered not to be present at the trial.

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Journal Info

Abbrev

IJEBAR

Publisher

Subject

Economics, Econometrics & Finance

Description

International Journal of Economics, Business, and Accounting Research (IJEBAR) is a peer-reviewed, open access international scientific journal dedicated for rapid publication of high-quality original research articles as well as review articles in all areas of Economics, Business and Accounting. ...