JUSTICE IN THE IMPLEMENTATION OF SMALL CLAIMS JURISDICTION FOR THE PARTIES TO THE DISPUTE

Abstract This study aims to find a solution related to the initial dispute where so far, the settlement must be through the law, not through a small claim court, so that it can potentially violate human rights. So far, dispute resolution has not been regulated regarding the application for uit voerbaar bij voorraad, including the besla conservatoir. This research includes normative juridical research, namely research that emphasizes the use of legal norms in writing and is supported by the results of interviews with resource persons. This study examines whether applying the small claim court in civil law procedural law in Indonesia has fulfilled the sense of justice. This type of research is explanatory because it conducts a study and diagnoses the applicable laws and regulations and is associated with legal theories in their implementation practices related to problems. The formulation of the situation in this study is why justice is the main thing in small court courts? The results of the study state that substantive justice is the main thing in small courts because it accommodates the values that grow and develop in society compared to using the courts stipulated in the law, considering that small court justice prioritizes the principles of fast, cheap and straightforward