Regulating Court Jurisdiction to Protect Weaker Parties: An Overview of the Indonesian Civil Justice System

• Main Authors: Sujayadi, Sujayadi, Wijayanta, Tata, Herliana, Herliana
• Format: Article PeerReviewed
• Published: 2023
• Subjects: Constitutional Law
• Online Access: https://repository.ugm.ac.id/281636/; https://www.scopus.com/inward/record.uri?eid=2-s2.0-85168145610&doi=10.20473%2fydk.v38i2.43835&partnerID=40&md5=75787156f39294b3d07fabafa3ac65f5
• Institution: Universitas Gadjah Mada

It is necessary to facilitate easy access to courts to protect weaker parties. This can be achieved by regulating the personal jurisdiction of the court so that weaker parties can easily access it. In the Indonesian civil justice system, some regulations have been implemented to protect weaker parties through the jurisdiction of courts. This article elaborates on these regulations and their obstacles in protecting the access of consumers, workers, women and children, and foreigners to Indonesian courts. A statutory approach with reference to the general principles of the court’s personal jurisdiction and the principles of access to justice for weaker parties This article finds that some regulations related to the court’s personal jurisdiction in Indonesia provide protection to weaker parties by allowing them to submit their claim to the court where they reside against the counterparty. However, a lack of consistency may hinder its implementation.