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 normativ...

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Main Authors: Pati, Umi Khaerah, Tejomurti, Kukuh, Pujiyono, Pujiyono, Pranoto, Pranoto
Format: Article
Language:English
Published: UUM Press 2024
Subjects:
Online Access:https://repo.uum.edu.my/id/eprint/30482/1/UUMJLS%2015%2001%202024%2097-120.pdf
https://doi.org/10.32890/uumjls2024.15.1.5
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author Pati, Umi Khaerah
Tejomurti, Kukuh
Pujiyono, Pujiyono
Pranoto, Pranoto
author_facet Pati, Umi Khaerah
Tejomurti, Kukuh
Pujiyono, Pujiyono
Pranoto, Pranoto
author_sort Pati, Umi Khaerah
collection UUM
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.
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spelling uum-304822024-02-27T15:24:08Z https://repo.uum.edu.my/id/eprint/30482/ The Small Claim Courts During Covid-19: Analysis of Indonesian Banks’ Claims on Bad Credit Pati, Umi Khaerah Tejomurti, Kukuh Pujiyono, Pujiyono Pranoto, Pranoto K Law (General) 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. UUM Press 2024 Article PeerReviewed application/pdf en cc4_by https://repo.uum.edu.my/id/eprint/30482/1/UUMJLS%2015%2001%202024%2097-120.pdf Pati, Umi Khaerah and Tejomurti, Kukuh and Pujiyono, Pujiyono and Pranoto, Pranoto (2024) The Small Claim Courts During Covid-19: Analysis of Indonesian Banks’ Claims on Bad Credit. UUM Journal of Legal Studies (UUMJLS), 15 (1). pp. 97-120. ISSN 2229-984X https://e-journal.uum.edu.my/index.php/uumjls/article/view/14870 https://doi.org/10.32890/uumjls2024.15.1.5 https://doi.org/10.32890/uumjls2024.15.1.5
spellingShingle K Law (General)
Pati, Umi Khaerah
Tejomurti, Kukuh
Pujiyono, Pujiyono
Pranoto, Pranoto
The Small Claim Courts During Covid-19: Analysis of Indonesian Banks’ Claims on Bad Credit
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 K Law (General)
url https://repo.uum.edu.my/id/eprint/30482/1/UUMJLS%2015%2001%202024%2097-120.pdf
https://doi.org/10.32890/uumjls2024.15.1.5
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