The legal policy of judicial power: The idea of implementation of small claim courts in religious courts

Sukadi, Imam ORCID: https://orcid.org/0000-0002-9369-9273 and Zuhriah, Erfaniah (2021) The legal policy of judicial power: The idea of implementation of small claim courts in religious courts. De Jure: Jurnal Hukum dan Syari'ah, 13 (1). pp. 1-13. ISSN 2085-1618

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Abstract

Religious Court is a judicial environment under the Supreme Court as a perpetrator of judicial power independent of organizing religious court to enforce the law and justice. The implementation of a small claim court in religious courts following simple, quick, and low-cost principles. The Small Claims Court is a simple judicial mechanism outside of the regular judicial mechanisms to resolve disputes quickly and cost lightly. The purpose of this study was to determine the meaning of the principle of fast, simple, and low cost and the legal politics of applying a simple lawsuit in a religious court. This type of research is normative legal research with a statutory approach and a conceptual approach. The technique of analyzing legal materials uses prescriptive. The study results found that the principle of simple, fast, and low cost in religious courts must meet the expectations of justice seekers who always want a speedy, fair, and low-cost trial. Applying the principle of a simple, fast, and low-cost justice has an intrinsic value of justice, inseparable from the service function. The legal politics of implementing a small claims court in a religious court is a breakthrough step, the proceedings are also fast and inexpensive, decided by a single judge, and the trial mechanism is simple So that implementation of Small Claims Court will be able to help the dispute burden in religious courts.

Item Type:	Journal Article
Keywords:	Legal Policy; Small Claim Court, Religious Court
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180108 Constitutional Law
Divisions:	Faculty of Sharia and Law > Department of Islamic Constitutional Law
Depositing User:	Imam Sukadi
Date Deposited:	13 Aug 2021 14:45

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