Indonesia and the Philippines small claims: similarities and differences

Small Claims Courts of Indonesia and Philippines conducted hearings for speedy disposition of cases where defendant failed to meet obligations on loan. The litigation does not need legal counsel, thus it is low cost and has jurisdiction over civil cases. Indonesia’s high percentage of judgment defau...

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Main Authors:	Glenda E. Feliprada, Jayum Jawan
Format:	Article
Language:	English
Published:	Fakulti Sains Sosial dan Kemanusiaan, Universiti Kebangsaan Malaysia 2019
Online Access:	http://journalarticle.ukm.my/14260/ http://journalarticle.ukm.my/14260/ http://journalarticle.ukm.my/14260/1/36297-114476-1-SM.pdf

id	ukm-14260
recordtype	eprints
spelling	ukm-142602020-02-14T23:42:40Z http://journalarticle.ukm.my/14260/ Indonesia and the Philippines small claims: similarities and differences Glenda E. Feliprada, Jayum Jawan, Small Claims Courts of Indonesia and Philippines conducted hearings for speedy disposition of cases where defendant failed to meet obligations on loan. The litigation does not need legal counsel, thus it is low cost and has jurisdiction over civil cases. Indonesia’s high percentage of judgment default of the corporation plaintiff defeats the goal of assisting the poor and marginalized sectors of society. On the other hand, in the Philippines, the large number of compromised agreement is an indicator of meeting the goal of assisting the poor. Arriving at a compromise requires efforts and time in negotiations that results in the reduction of payment rates and in an instalment mode of repayment. The inclusion of writ of execution to litigate default of payment is commendable while in Indonesia parties have no legal mechanism to enforce default payment of the defendant which is a weakness or limitation of legal procedure. The issues that need to be addressed by both countries include lack of public information and the strict implementation of usury law against exorbitant interest rates. Indonesia’s extrajudicial settlement and writ of execution need to be included in the Small Claims mechanism. The absence of writ execution renders the result useless. Fakulti Sains Sosial dan Kemanusiaan, Universiti Kebangsaan Malaysia 2019-12 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/14260/1/36297-114476-1-SM.pdf Glenda E. Feliprada, and Jayum Jawan, (2019) Indonesia and the Philippines small claims: similarities and differences. Jebat: Malaysian Journal of History, Politics and Strategic Studies, 46 (2). pp. 220-239. ISSN 2180-0251 http://ejournal.ukm.my/jebat/issue/view/1229
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Kebangasaan Malaysia
building	UKM Institutional Repository
collection	Online Access
language	English
description	Small Claims Courts of Indonesia and Philippines conducted hearings for speedy disposition of cases where defendant failed to meet obligations on loan. The litigation does not need legal counsel, thus it is low cost and has jurisdiction over civil cases. Indonesia’s high percentage of judgment default of the corporation plaintiff defeats the goal of assisting the poor and marginalized sectors of society. On the other hand, in the Philippines, the large number of compromised agreement is an indicator of meeting the goal of assisting the poor. Arriving at a compromise requires efforts and time in negotiations that results in the reduction of payment rates and in an instalment mode of repayment. The inclusion of writ of execution to litigate default of payment is commendable while in Indonesia parties have no legal mechanism to enforce default payment of the defendant which is a weakness or limitation of legal procedure. The issues that need to be addressed by both countries include lack of public information and the strict implementation of usury law against exorbitant interest rates. Indonesia’s extrajudicial settlement and writ of execution need to be included in the Small Claims mechanism. The absence of writ execution renders the result useless.
format	Article
author	Glenda E. Feliprada, Jayum Jawan,
spellingShingle	Glenda E. Feliprada, Jayum Jawan, Indonesia and the Philippines small claims: similarities and differences
author_facet	Glenda E. Feliprada, Jayum Jawan,
author_sort	Glenda E. Feliprada,
title	Indonesia and the Philippines small claims: similarities and differences
title_short	Indonesia and the Philippines small claims: similarities and differences
title_full	Indonesia and the Philippines small claims: similarities and differences
title_fullStr	Indonesia and the Philippines small claims: similarities and differences
title_full_unstemmed	Indonesia and the Philippines small claims: similarities and differences
title_sort	indonesia and the philippines small claims: similarities and differences
publisher	Fakulti Sains Sosial dan Kemanusiaan, Universiti Kebangsaan Malaysia
publishDate	2019
url	http://journalarticle.ukm.my/14260/ http://journalarticle.ukm.my/14260/ http://journalarticle.ukm.my/14260/1/36297-114476-1-SM.pdf
first_indexed	2023-09-18T20:06:42Z
last_indexed	2023-09-18T20:06:42Z
_version_	1777407206161907712

Indonesia and the Philippines small claims: similarities and differences

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