THE SMALL CLAIM COURTS DURING COVID-19: ANALYSIS OF INDONESIAN BANKS’ CLAIMS ON BAD CREDIT
The purpose of this study is to discuss the suitability of small claim courts to solve bad credit claims that are filed by banks as an alternative to dispute contract defaults. The study analyses the trend of banks’ small claims during the COVID-19 pandemic. This study employed an empirical normati...
| Main Authors: | , , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
UUM Press
2024-01-01
|
| Series: | UUM Journal of Legal Studies |
| Subjects: | |
| Online Access: | https://e-journal.uum.edu.my/index.php/uumjls/article/view/14870 |
| _version_ | 1797337271644454912 |
|---|---|
| author | Umi Khaerah Pati Kukuh Tejomurti Pujiyono Pujiyono Pranoto Pranoto |
| author_facet | Umi Khaerah Pati Kukuh Tejomurti Pujiyono Pujiyono Pranoto Pranoto |
| author_sort | Umi Khaerah Pati |
| collection | DOAJ |
| description |
The purpose of this study is to discuss the suitability of small claim courts to solve bad credit claims that are filed by banks as an alternative to dispute contract defaults. The study analyses the trend of banks’ small claims during the COVID-19 pandemic. This study employed an empirical normative approach. It combines a normative legal approach and additional empirical elements in the form of cases and decisions. The results show that some of the regulations that were released before the pandemic, such as the Regulation of the Supreme Court Number 4 of 2019 on the Settlement of Small Claim Courts, provide benefits for banks to settle credit disputes because they allow various expansions. The Regulation of the Supreme Court Number 3 of 2018 on The Administration of Cases in Electronic Courts has introduced some electronic applications. Although business (bank) litigation remains dominant, the trend of bank claims in the middle of the COVID-19 pandemic has dropped. In contrast, the trend of individual claims has increased significantly. The decline is influenced by countercyclical policies that are issued by the Financial System Stability Committee. The committee members consist of representatives of the Ministry of Finance, Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Corporation. It aims to handle and cope with the banks’ crisis related to the pandemic.
|
| first_indexed | 2024-03-08T09:07:06Z |
| format | Article |
| id | doaj.art-26b10594d972492fb2c1d7a93c25ef3d |
| institution | Directory Open Access Journal |
| issn | 2229-984X 0127-9483 |
| language | English |
| last_indexed | 2024-03-08T09:07:06Z |
| publishDate | 2024-01-01 |
| publisher | UUM Press |
| record_format | Article |
| series | UUM Journal of Legal Studies |
| spelling | doaj.art-26b10594d972492fb2c1d7a93c25ef3d2024-02-01T04:06:05ZengUUM PressUUM Journal of Legal Studies2229-984X0127-94832024-01-0115110.32890/uumjls2024.15.1.5THE SMALL CLAIM COURTS DURING COVID-19: ANALYSIS OF INDONESIAN BANKS’ CLAIMS ON BAD CREDITUmi Khaerah Pati0Kukuh Tejomurti1Pujiyono Pujiyono2Pranoto Pranoto3Faculty of Law, Universitas Sebelas Maret, IndonesiaFaculty of Law, Universitas Sebelas Maret, IndonesiaFaculty of Law, Universitas Sebelas Maret, IndonesiaFaculty of Law, Universitas Sebelas Maret, Indonesia The purpose of this study is to discuss the suitability of small claim courts to solve bad credit claims that are filed by banks as an alternative to dispute contract defaults. The study analyses the trend of banks’ small claims during the COVID-19 pandemic. This study employed an empirical normative approach. It combines a normative legal approach and additional empirical elements in the form of cases and decisions. The results show that some of the regulations that were released before the pandemic, such as the Regulation of the Supreme Court Number 4 of 2019 on the Settlement of Small Claim Courts, provide benefits for banks to settle credit disputes because they allow various expansions. The Regulation of the Supreme Court Number 3 of 2018 on The Administration of Cases in Electronic Courts has introduced some electronic applications. Although business (bank) litigation remains dominant, the trend of bank claims in the middle of the COVID-19 pandemic has dropped. In contrast, the trend of individual claims has increased significantly. The decline is influenced by countercyclical policies that are issued by the Financial System Stability Committee. The committee members consist of representatives of the Ministry of Finance, Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Corporation. It aims to handle and cope with the banks’ crisis related to the pandemic. https://e-journal.uum.edu.my/index.php/uumjls/article/view/14870Breach of contractCOVID-19 pandemicsmall claim court |
| spellingShingle | Umi Khaerah Pati Kukuh Tejomurti Pujiyono Pujiyono Pranoto Pranoto THE SMALL CLAIM COURTS DURING COVID-19: ANALYSIS OF INDONESIAN BANKS’ CLAIMS ON BAD CREDIT UUM Journal of Legal Studies Breach of contract COVID-19 pandemic small claim court |
| title | THE SMALL CLAIM COURTS DURING COVID-19: ANALYSIS OF INDONESIAN BANKS’ CLAIMS ON BAD CREDIT |
| title_full | THE SMALL CLAIM COURTS DURING COVID-19: ANALYSIS OF INDONESIAN BANKS’ CLAIMS ON BAD CREDIT |
| title_fullStr | THE SMALL CLAIM COURTS DURING COVID-19: ANALYSIS OF INDONESIAN BANKS’ CLAIMS ON BAD CREDIT |
| title_full_unstemmed | THE SMALL CLAIM COURTS DURING COVID-19: ANALYSIS OF INDONESIAN BANKS’ CLAIMS ON BAD CREDIT |
| title_short | THE SMALL CLAIM COURTS DURING COVID-19: ANALYSIS OF INDONESIAN BANKS’ CLAIMS ON BAD CREDIT |
| title_sort | small claim courts during covid 19 analysis of indonesian banks claims on bad credit |
| topic | Breach of contract COVID-19 pandemic small claim court |
| url | https://e-journal.uum.edu.my/index.php/uumjls/article/view/14870 |
| work_keys_str_mv | AT umikhaerahpati thesmallclaimcourtsduringcovid19analysisofindonesianbanksclaimsonbadcredit AT kukuhtejomurti thesmallclaimcourtsduringcovid19analysisofindonesianbanksclaimsonbadcredit AT pujiyonopujiyono thesmallclaimcourtsduringcovid19analysisofindonesianbanksclaimsonbadcredit AT pranotopranoto thesmallclaimcourtsduringcovid19analysisofindonesianbanksclaimsonbadcredit AT umikhaerahpati smallclaimcourtsduringcovid19analysisofindonesianbanksclaimsonbadcredit AT kukuhtejomurti smallclaimcourtsduringcovid19analysisofindonesianbanksclaimsonbadcredit AT pujiyonopujiyono smallclaimcourtsduringcovid19analysisofindonesianbanksclaimsonbadcredit AT pranotopranoto smallclaimcourtsduringcovid19analysisofindonesianbanksclaimsonbadcredit |