Yuridika
Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023

Regulating Court Jurisdiction to Protect Weaker Parties: An Overview of the Indonesian Civil Justice System

Sujayadi, Sujayadi (Unknown)
Wijayanta, Tata (Unknown)
Herliana (Unknown)



Article Info

Publish Date
01 May 2023

Abstract

It is necessary to facilitate an easy access to the courts to protect weaker parties. This can be achieved by regulating the personal jurisdiction of the court, so that weaker parties can easily access the courts. In Indonesian civil justice system, some regulations have been implemented to protect weaker parties through the jurisdiction of the courts. This article will elaborate those regulations and their obstacles in protecting the access of consumers, workers, women and children, and foreigners to the Indonesian courts. Statutory approach with reference to the general principles of the court personal jurisdiction and the principles of access to justice for the weaker parties will be employed. This article finds that some regulations related to the court personal jurisdiction in Indonesia provide protection to the weaker parties by allowing them to submit their claim to the court where they reside against the counterparty. However, lack of consistency may hinder the implementation.

Copyrights © 2023






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...